Urgent help - u/s 101 MHCS Act 1960 and harassment by soc.
Ria
(Querist) 06 August 2009
This query is : Resolved
The secretary/chairman/committee members of our society charging us maintenance which is much more than the actual services provided by the society and also the maintenance is charged on the square feet basis, which has been prohibited by law. I voiced my dissent against such resolution which is arbitrary and did not pay the maintenance amount as they are overcharging. There are discrepancies in the audit report and neither do they carry out any maintenance within the society.
There is lack of professionalism and transparency in the functioning of the society. Even after repeated written request the society has not provided me the copy of bye-laws of the society. Also previously the society had admitted bar girls on rent basis, against which I had complained to the registrar and the registrar had given strict warning to the society. After that the members of the society have subject me to various forms of mental harassment like stealing my newspaper, preventing my maid & milkman from coming to our house, cutting our cable wires, instigating the lady staying above my house to cause leakage from her bathroom into my flat etc.
Now in revolt I have stopped paying the maintenance of the society. The office bearers threatened to cut off my water supply if I do not pay the maintenance. They have also sent me a letter stating that if I do not pay maintenance within 15 days they will initiate action u/s 101 of the MHCS Act 1960. These office bearers have not signed a bond as required by the MHCS Act 1960.
In the above circumstances can they initiate action u/s 101 of the MHCS Act 1960 ?
What is the procedure u/s 101 of the MHCS Act 1960 ? and how can I prevent them from initiating action u/s 101 of the MHCS Act 1960 ?
Please help Iam in distress.
Regards,
Ria
Ria
(Querist) 06 August 2009
please help and advice
Advocate SK Rohilla New Delhi
(Expert) 06 August 2009
Dear Ria,
Firstly, File a consumer Complaint against the society for deficiencies (default and shotcoming in service)and unfair trade practice (for arbitrary demands). Pray interim order of injunction/stay from consumer forum.
Now, also file a application under RTI Act and obtain relevant informations. Thereafter file a complaint against them in capacity of society member for violation of MHCS provisions before the appropriate authorities provided under the Act or Rules framed therein.
Since I do not have MHCS Act i am unable to quate relevant sections and provisions.
If you have soft copy of MHCS Act then please send by attachment at skrohilla@lawyer.com
R.R. KRISHNAA
(Expert) 06 August 2009
The society has no right to cut the water supply as it is a basic necessity. The madras high court has ruled during 2000 that basic necessities like water or electricty cannot be disconnected if maintence charges are not paid by the resident/tenant/occupier.
So you need not worry about disconnecting of water supply.
Ria
(Querist) 12 August 2009
Ops sorry Adv. Rohilla wanted to thank you and by mistake clicked on the thumps down sign.
Iam really thankful for the advice you have given me.
With regard to the soft copy of MHCS Act, even I do not have it.
