Apartment Charges Related
abcd
(Querist) 12 November 2010
This query is : Resolved
Sir,
I am living in an apartment, the problem is that I as a waiver of my choice do not want to use club, to which apartment owners association have snapped up my essential services viz. power back up, sweeping, etc without even a discussion call but on the basis of notice alone.
When I tried to take residents with me on this, they are now tearing up my notice that I have put on the common notice board informing all the residents regarding all the issues.
What action can I take, please advise.
s.subramanian
(Expert) 12 November 2010
You file a suit for permanent and mandatory injunction for reconnection of power etc.
Akhilesh Kumar
(Expert) 12 November 2010
Firstly we have to examine
whether you have signed any agreement and papers/documents related to this appartment?
Whether it is rented or own purchasing?
If it is your purchase, then definitly you have signed/executed Builder Buyer Agreement or sale deed.please go through all the clauses wherein mentioned regarding club facility.
if it is rented then you have executed lease deed wherein must have mentioned about this club
Secondly,club doesnot come under the essential services association can not stop basic amenities of the apartment.
Sri Vijayan.A
(Expert) 13 November 2010
Water supply, electrical power supply, etc are the essential services.
Power back-up, sweepins, etc shall not come under essential requirement.
U can have these facilities on ur own.
abcd
(Querist) 15 November 2010
Sir/s,
I am extremely pleased to have seen you replying to my query. I would like to inform that I am a tenant in the said flat. My land owner has signed the apartment deed from the original promoter M/S Eldeco Housing. They have also deposited one time life time membership fees of Rs. 15,000 for the club to promoters at the time of booking/allotment. Apartment welfare and maintenance has also been handed over to welfare association (Regtd).
I in turn have a lease signed with the landowner who has agreed to bear all such charges, but he is not living in the apartment and I am so he doesnot has to face such people as are in our association.
The association unfortunately is in the hand of few people who think that they can do anything and this, snapping of already paid essential services, is a classic case of their disregarding attitude.
I want to know what action could be taken against them and also to evict them out of association. Out of 98 residents we have 50 signatures in our support (tenants & owners). My landower has also vouched for his complete support with me.
Kindly advise.
Regards
S Middha
Lucknow
