• Threat of disconnecting water to my apartment

I am a senior citizen living with my family in a residential apartment complex in Bangalore for  the last 10 years. My wife and I are the owners of the apartment.  We have been paying all dues to the society till last year. I have not paid the dues for the current year (2014-15). I came to know that association is not registered 4 years back when became a member of the management committee.
I have not paid because the association in not registered so far, though the complex is 20 years old. I have been requesting the board of managers (BOM) for registration for the last 4 years through email as well as other means. I have maintained that bye-laws and rules of an unregistered assn is  not applicable to me and I will not abide by these or pay dues till I am provided a cert of registration from any valid source. 

Assn never replies my mails and has never claimed it is registered in any written correspondence. Privately they say our assn is deemed as registered and cert of registration is not needed. They also involve in financial irregularities and mismanagement. They do not send the annual balance sheet and minutes to anybody. Assn has now threatened that they will disconnect my water supply for non payment.

What should I do? What are the legal recourse available to me. 

I am ready to pay all charges and my requirement is only that assn should be duly registered.
Asked 2 years ago in Property Law from Bangalore, Karnataka
1.first pay ur current year dues asap.

2.in case of non payment of dues they can cut ur water supply.

3.also get stay order from  court against association so that they do not cut ur water supply.

4. u can send legal notice to association to get it  registered at the earliest.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Dear Client ,
The stated association is illegal association. Under the apartment act there should be one registered association to maintain and adminster the apartment. After registration with the Registrar of society, the membership should be given and all the record should be maintained such as books of accounts duty audited and record of the resident profile etc., Even though the society is registered , there is clear supreme court of India ruling that no society is entitle to disconnect or suspend common aminities including water supply. If you have not paid maintenance amount the society should issue legal notice and approach to the civil court for recovery. If they took the law in their hands, you are advised to file a police complaint against them and also you can file criminal case.
File a police complaint against the illega unregistered association and your demand is genuine , no body is authorised without the registeration of association and the body of the office bearers must be elected in the election of all the owners of the units or flats.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
1) under no circumstances can association discontinue your water supply

2) water supply is  essential service

3) if water supply is disconnected you can lodge police complaint against association and its office bearers

4) at most association can take  legal proceedings for recovery of outstanding dues . 

5) it is absolutely necessary that association be registered to maintain apartment complex 

6) further association is required to maintain detailed accounts and have it audited yearly .
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Hello,
It is only a pressure tactics to make you pay the outstanding dues. The Association has no right to discontinue water supply as it is an essential service.
In case they do so you have legal remedy for the service to be reinstated.
You may have to pay the dues . You can still insist that the Association be registered. The Association ought to maintain proper records.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
Hi, Association is no right to disconnect to water and electricity if you failed to pay the maintenance they have to issue legal notice.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
A. Association, however, needs to be registered under the government for it to be recognized as a proper association. So your society exercising power is ultra virus and not permissible in the eyes of law.

B. As per the Apex Court, the disconnection of water supply was a deprivation of the fundamental right to livelihood guaranteed under Article 21 of the Constitution.

C.  Issue legal notice to the Association and lodge the complaint before the local police. Approach the consumer forum to give direction to register the society.
B.T. Ravi
Advocate, Bangalore
738 Answers
31 Consultations
5.0 on 5.0
1. Water is a basic need of life. Nobody can be deprived of it in such a manner. Association cannot under any circumstances disconnect your water supply. If associations start acting in such an unlawful manner then the rule of law will collapse.

2. The utmost which the association can do is file a lawsuit for recovering the outstanding dues.

3. If water supply is discontinued then issue a lawyer's notice to the association and seek damages from all the office bearers. Furthermore, file a complaint before them to police.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
They cannot disconnect ur water supply,they have no right to do that.If they threaten u again u can send the legal notice and can file a complaint also against them. But u should pay ur dues and ask them to get the association registered or u can approach the civil court in that case .
Swithin Subhashish Lawrence
Advocate, Allahabad
47 Answers
3 Consultations
4.5 on 5.0
1. The Association can not disconnect your water connection which is an essential service for your non payment of dues, without due process of law,

2. The Association can file a recovery suit againt you and the Court may decided against you since Association is not formed by others but by the members of the Society,

3. It will also be felt that you can not claim the  essential services without sharing the cost based on some pretext or other & make other members bear your cost,

4. However, settle the matter amicably.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
issue a legal notice to them for deficiency of services and file a complaint in the consumer court for the same with damages or file a civil suit for reconnecting with damages. lodge a police complaint too
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0

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