Can RWA stop the services it is giving to its defaulters?
Our apartment complex in Bangalore has no government supply of water. Water supply is from borewells in the premises, run by electricity, for which society pays the bill. My question is, even in this case, can the society cut the water supply to maintenance fee defautler? Our Byelaws says: "....If an Owner does not pay the said quarterly charges towards maintenance etc
within 15 days after due date, which includes a grace period of three days,
interest at the rate of 18% per annum shall be levied on the unpaid amount from the due date till the date of payment. The Association has the right to ·recover ·the arrears, without prejudice as a claim due to it, after a notice is served on the defaulting Owner. Thereafter, in addition to the interest payable on the outstanding amounts, the Association will also be entitled to suspend/prevent such defaulting Apartment Owner and or their family members, guests, visitors, agents, representative or any person/s claiming through them, from use of all the common amenities and facility of "XXXX apartment complex" and also the Board will have the right withdraw, the facilities of water and electricity without giving any further notice. Re use of the all the common amenities and facility and reconnection of such facilities shall be made only after full payment of dues has been made, together with interest. A penalty of Rs.5,000/= for reconnection of the facilities will have to be paid before the facility is re-connected."