Disconnection of electric & water supply
Sunil Lal
(Querist) 06 November 2013
This query is : Resolved
I am a tenant of a Landlord at a housing society at lucknow. The society maintenance is being under ARMY WELFARE & MAINTENANCE SOCIETY REGD UNDER SOCIETY ACT 21 of 1860. My electric connection is directly from the Govt Electric Supply.
I have been asked to deposit Rs 4000/- one time non-refundable deposit for a temporary membership (beside monthly maintenance charges) by the Society just being a tenant whereas my landlord is a permanent member of the society.
1. Can it be made mandatory to have a temporary membership? To my view it cannot be.
2. Can the society has the jurisdiction to disconnect my electricity and water in an event of non-payment of the temporary membership dues?
3. Can the society charge maintenance one year in advance.
It pertinent to mention here that i have deposited whole year of maintenance chrge in advance.
V R SHROFF
(Expert) 06 November 2013
I have been asked to deposit Rs 4000/- one time non-refundable deposit for a temporary membership (beside monthly maintenance charges) by the Society just being a tenant whereas my landlord is a permanent member of the society.
1. Can it be made mandatory to have a temporary membership?
YES
2. Can the society has the jurisdiction to disconnect my electricity and water in an event of non-payment of the temporary membership dues?
NO
3. Can the society charge maintenance one year in advance.
YES
It pertinent to mention here that i have deposited whole year of maintenance chrge in advance.[ UR PERSONAL DEAL WITH OWNER!!!]
Rajendra K Goyal
(Expert) 06 November 2013
Well advised, Also please refer to the bye laws of the society.
Sunil Lal
(Querist) 06 November 2013
Thanks for advise. My follow up question is
1. As against temporary membership, Should not the society define the privilege it may be offering to the temporary membership. Or it should just be imposed at the whims of the majority to fatten their kitty.
2. Is there any guideline to the societies as to what extent and on what pretext they may charge the residents
3. Or simply the will of a majority's writ will be binding ?
4.The Club, Gym and swimming pool, if one do not want to join. Does Society can impose a compulsory clause to pay on these facilities?
Hemant Agarwal
(Expert) 07 November 2013
1. Under the "Indian Society Act, 1860", there is no concept of "Temporary Membership". However the "Temporary Membership". could be defined in the "Bye-Laws" of the Society (which again is highly unlikely)
2. "IF" the tenancy agreement is duly stamp-duty paid and registered, THEN the tenant CANNOT be denied any "Services & Amenties" that are originally provided to the flat /house Owner (means member of the society), since now there is a privity of contract between the tenant and the owner, which can be exercised in lieu of the privity of service contract between the owner-member and the Society (who is a service provider under the Consumer Protection Act)
3. Disconnection of Water Supply and Electricity supply, is a criminal offence, and cannot be disconnected by the Society. However "Water Supply and Electricity supply" can be DULY disconnected by the Water supply authority and the Electricity supply authority (as the case may be). This criminal negligency can also be contested successfully in Criminal Courts and Consumer Court.
4. :Maintenance Charges comes within the parameter of "Service Charges". Service Charges cannot be collected in advance (in whatsoever manner), irrespective of any resolution passed by the herd-mentality-ghetto of the Majority of the Society members. This is also irrespective of any provision in the bye-law of the Society. Perpetual "service charges" cannot be collected by the Society, since the business of the society is to provide "Common services and amentities" and nothing beyond it. However there is no bar in VOLUNTARILY paying advance or whatever to the society.
5. "Club, Gym and swimming pool", comes within the parameter of "Amenities" and not "Services". Hence a member CANNOT be compelled to pay for non-usage of any such amentities.
6. The nefarious writ of the Majority can be successfully flushed down the sewage drain, by engaging the Society & its office-bearers, in a dispute filed before the local Consumer Court.
7. With a little twist, the individual society office-bearers can be engaged in a "Criminal case" with the local magistrates court, for cheating and extortion.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
Sunil Lal
(Querist) 07 November 2013
Thank you Mr Hemant Agarwal for your pointedly answers of my query :
In our Apartment, Society is providing water. That means they may disconnect it in an event of non-payment of temporary membership charges as per their notice.
Personally I am in favour of some kind of deterrent in an event of non-payment by the members.
But can they snap Water supply on that pretext since they have control on it and are providing it through their arrangement of over head tanks drawing from the natural water table, whereas the annual charges against it has already been paid in advance for the period ending 31 March 2014.
Or they have to use some other deterrent.
Raj Kumar Makkad
(Expert) 07 November 2013
Society has every power to stop even water supply if no payment is made by the member.
Sunil Lal
(Querist) 07 November 2013
Mr Raj Makkad:
Can they stop water to extract the temporary membership charges even I have paid the charges against it (Water and maintenance) for whole of the year in advance ?
Sunil Lal
(Querist) 07 November 2013
Can they stop water to extract the temporary membership charges even I have paid the charges against it (Water and maintenance) for whole of the year in advance ?
Rajendra K Goyal
(Expert) 07 November 2013
Better try for amicable solution, society is for maintenance of the premises and its revenue is from members.
Nadeem Qureshi
(Expert) 07 November 2013
file a civil suit of permanent injunction against society & get restrain order from the court against them.
Hemant Agarwal
(Expert) 09 November 2013
1. IRRESPECTIVE of anything, potable water supply cannot be disconnected, even if dues are pending or whatever. There are several HC judgments to this effect.
2. As suggested earlier and instead of beating around the bush for a amicable solution, it would be socially prudent to file a complaint before the local Consumer Court, and bring such Societies and their management and the ghetto of herd-majority, down to their senses, for the future overall benefit of the Society.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
