Non payment of society dues
I live in a building in Kolkata (West bengal) consisting of 08 apts. The society is not registered. Three of the members are not paying dues and common services have stopped functioning. We have got the elevator repaired on our own cost as there is a senior citizen in our house and we live on the fourth floor. Also the other members are indifferent to the problem, and do not want to take any action against the erring members. Is there any method by which I could legally solve this problem. Also, can I legally restrict the use of the elevator to myself as the others are not paying.
Asked in Property Law from Kolkata, West Bengal
The elevator is common for all the members and your cannot restrict the use of others as a right.
You can request the other members to contribute for its repair expenses since it is being commonly used by all and can also put a display board outside the gate of the elevator the details of expenses and the amount each member has to bear towards the repair costs.
Since the name sake society is also functioning, you may ask the society to issue a circular for recovery of the amount you have spent in common
You can give a written representation to the society giving the details of the expenses incurred to repair the unserviceable elevator and make it serviceable
1) flat owners should form society
2) in case any member fails to pay society dues you can obtain recovery certificate from the tregistrar for outstanding dues
3) recover amount payable with interest as provided in bye laws of your society
4) if no society is formed then you have to move court ti recover your dues
Elevator is a common service which should be maintained collectively by all members. If any member does not pay towards any common service he can be denied the service. So the use of elevator can be denied to the member by the society. However, in your case there is no society, so you cannot individually restrain the others from accessing the elevator.
1. Your society should file a Money Suit claiming the outstanding amount lying in the name of the said three members and also praying for an order restraining those 3 members and their family members from using the common facilities which are not basic facilities like water and electricity.
2. If three out of eight members of the Society fails or refuses to pay then it is difficult to maintaini the premises.
3. However, if you can get the restrain order against those three members from the Court, then automatically the facility gets restricted to you and others who are paying.
My follow up question is this:
What would be the general method to get a restraint order and how can I prevent those who are not paying from using the service. Is this possible through the restraint order as mentioned by advocate ganguly. At present, the society as I have mentioned is for namesake, and I am alone paying for the elevator services.
Asked 6 months ago
Lift expenses have to be borne by all members equally
2) if other members are not paying then society can obtain recovery certificate from registrar
3) if society is not taking any action against defaulters then apply for appointment of administrator for the society
4) you cannot stop other flat owners from using the lift
As an individual you cannot get a restrain order.
The society being name sake or a registered body, has powers to restrict or instruct people to pay the repair charges or to avoid using the elevator du to on payment of the repair charges.
Thus, it is the society which have to initite action agaisnt the erring members.
The only method is to file a suit for injunction against the members who are using the amenities despite not having paid for it.