KK Chopra
Request if you could give us the reference of the Supreme Court Ruling you are referring wherein the Societies cannot stop essential services.
We are facing this situation in Mumbai and we wish to inform this to Society and BMC, we are facing unnecessary issue coz of this.
I C Naik
The suspension of utilities in cooperatives has not been debated in the Supreme Court. But the fact that the Housing society is defined under Section 2(16) of MCS Act 1960 as (16) “housing society “means a society, the object of which is to provide its members with open plots for housing, dwelling houses or flats; or if open plots, the dwelling houses or flats are already acquired, to provide its members common amenities and services;
It cannot stop common amenities and services to its members as a defaulting member is also a member and for default remedies are prescribed in the Act.