Housing : Can water connection be cut ?

Bhavin,  Ahmedabad

Respected Sir,

I am an owner of flat in Ahmedabad and our society is having a total 6 blocks.

Builder also made a temple in our common plot which was covered with small wall with separate entry. Later he stopped maintaining the flats and finally our electric connection was cut about 3 years ago.

In tide over the situation individual block members started collecting money and maintaining their block.

Builder is taking transfer fee officially Rs 25000 in cash and without receipt and Rs 75000 for each resale of flats but not giving any money to block members. He is not even sharing books of account.

Frustrated, a few residents constituted a core committee to fight against builder and floated Owners’ Association under Act of year 1860 in January 2012. The committee has 2 persons from each block.

Taking opinion of majority members Owners Association has broken a wall surrounding temple in common plot area to use it as a parking space.

This new association gave notice in newspaper that all future resale & transfer would be effected through Association only.

But NOC of new association is not accepted by the bank and it is not giving any loan. The bank is asking NOC from builder association.

Association has filed case for securing books of accounts from the builder. It came to light that the builder had sold common plot area constructed with temple to one trust, so the Association has also filed a case against that.

Now this new association  made a resolution in general meeting in April 2012 that occupied members of flat / closed flat owner would pay monthly maintenance charges of Rs. 500.00 and tenant members ( Where original member is renting out the flat as in my case) should pay Rs. 1000.00 maintenance charges.

If anybody fails to do this, service such as water supply, Lift, cleaning will be stopped.

This I came to know when I rented my flat in June 2012. I opposed the provision and asked to them to give me copy of bye laws.  Even after 3 months, they have not given me any copy.

I came to know that they have asked my block committee member to cut water line of my flat and asked my tenant not to use of lift. They also asked cleaning agency not to lend any service to my flat.

Have they any right to ask 100% higher payment then occupied members? Kindly guide me that what should I do and which kind of action I should take against them as well as against builder for selling common plot area to trust.

I C Naik

You should write to the Deputy Registrar of Societies narrating the facts relating to maintenance charges for rented flat and stopping utility services. Stopping utility services is in violation of a Supreme Court order under which housing societies could not stop essential services for any reason what so ever.

You have to be prepared to fight it out in Cooperative Court. But on both scores the Committee’s actions are illegal and cannot be sustained for long time.