Association - services stop
Kavitha Balan
(Querist) 20 October 2024
This query is : Resolved
The flat owners association has stopped the food / courier / deliveries to few apartments citing maintenance due.
Kindly advice if we shall take this issue up to human rights? or Police ?
T. Kalaiselvan, Advocate
(Expert) 20 October 2024
The association has no rights to curtain the amenities of the members citing the default in maintenance as a reason.
If maintenance amount is not paid then they should follow the due process of law as per bylaws to recover the same and cannot resort to such atrocious and unjustified activities which may deprive the human rights of the members.
You can make a complaint against them with the registrar of cooperative societies, police and also file a complaint with the consumer commission for unfair trade practice.
Kavitha Balan
(Querist) 20 October 2024
Thanks sir. But police is nt reacting & says deal with yurself . Registrar we already submiited many cmplaints, are all pending under discussion :(
T. Kalaiselvan, Advocate
(Expert) 20 October 2024
You can approach court of law and file a suit for permanent injunction against the association restraining them from stopping the essential services.
It appears that you have not consulted a local lawyer in this regard and are looking for solution in a very casual manner, if you were really serious to the issue by now you should have got some solution through police or the registrar by proper follow up or at least by consulting a local lawyer for solutions
Dr. J C Vashista
(Expert) 21 October 2024
How does the association involve in delivery service(s) and correlating it with maintenance unpaid? If so, challange such action of association in appropriate Court / Tribunal / Authority through a local prudent lawyer.
P. Venu
(Expert) 24 October 2024
Police has no jurisdiction to interfere in civil dispute. You need to initiate civil remedies. As the first step, issue a Notice through an advocate.
