Seshadri 18 May 2021

Association has discconected water supply

Dear Sir,

I purchased a flat through an auction by a bank.

After the purchase is completed, the association is threatening me to pay the old maintenance charges. I contacted bank, they said the association had sent them a letter after the auction was published in the newspaper. Also the bank states that the property is sold less than the amount that has to be recovered from the defaulter. So they are not entitled to pay.

Auction took place on 25th March 2021.

Bank took possession of the property only from January 2020, since there was tenant living till 2019.

So I took a proof from Electricity board and the last bill was paid in the month of June 2019 via cash at the counter.

I provided these statements to association and offered them that I will pay the maintenance charges from Jan 2020 during which Bank had their possession.

But association is requesting me to pay the dues from 2017 to till date. The association itself was registered in 2016. I asked them about the defaulter and tenant , they replied me stating that he had promised to pay and failed to pay.

Now association has disconnected water supply to my flat.

What should I do.

Please guide me with your exquisite knowledge.

Thanks

Seshadri.

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11 Replies

Sankaranarayanan (Advocate) 18 May 2021

approach a local lawyer and seeking advice and send legal notice and file suit against the association

kavksatyanarayana (subregistrar/supdt.(retired)) 18 May 2021

Compalain to the Deputy Registrar of Coop. House Building Societies/RERA/authorities concerned by a registered post. If no response from them, file a case against the association by consulting a local advocate.

G.L.N. Prasad (Retired employee.) 19 May 2021

If I am in your position, I do not wish to purchase problems with society right from the date of occupying the flat. I will just send the demanded amount through a Bank demand draft in the name of society, stating that this amount is being paid to society on-demand with a protest due to disconnection of essential water supply, and will recover the amount either from society or from Bank, as a citizen is not supposed to pay for some other's expenditure before becoming a owner. Then contact an advocate and file a consumer complaint in District consumer forum and also file a complaint against bank in Ombudsman ( after issuing notice and getting a written communication on their stand).

Kishor Mehta (CEO) 19 May 2021

(1) You should have enquired about past dues of the Association before purchasing the property.

(2) If the Association has not taken any legal action against the previous owner to collect the maintenance dues then the Law of Limitations will apply.

(3) The Association can not curtail water supply that is a criminal offence. Immediately approach the Police authorities.

(4) Consult a local practicing lawyer in your own interest.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 19 May 2021

Resident welfare associations not supposed to cut electricity or water supply till they have a permission from the statutory authority. Buyers also go to the registrar of societies and file a complaint in case of R.W.As do not work as per the by-laws or violate any laaw in its functioning.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 19 May 2021

First while purchasing a Flat, even through a Bank auction, a proper enquiry should have been made regarding dues to the Society etc. Now having purchased the flat in Bank Auction, these problems are cropping up. In your query, you are mentioning that a Tenant was in the Flat till June 2019 but it is mentioned that the Society is demanding dues from 2017 onwards. Was the Tenant not paying the dues?

In any case, now you are the owner of the Flat and wish to live there and without water, it is not possible to live in the flat. It is not correct on the part of Society to cut the water connection. The bank was fully aware of the facts of arrears in payment to the Society and their not disclosing the matter to you at the time of auction is a dereliction of their duty. You may give notice to the Bank stating the facts and also state that under duress of water supply being denied to you, you are paying the amount and if the Bank does not make good the amount, you shall proceed to Banking Ombudsman. Mark a copy of the notice to the Bank to their higher authorities in Zonal/Head Office,

Seshadri 19 May 2021

Thank you sir. I consulted an advocate and filing a suit against the association and also given a written complaint at police station.

P. Venu (Advocate) 19 May 2021

Legally, it is a criminal offence to disconnect to water supply and you have the option to take action accordingly.

T. Kalaiselvan, Advocate (Advocate) 20 May 2021

The condition for auction sale of the property is as is where is.

As you have agreed to this condition and participated in the auction sale, turned out to be a successful bidder, you cannot refuse to pay the previous charges namely electricity bills, maintenance amount etc.

You can pay the electricity bills and can file a recovery suit from the defaulter through legal process.

The association do not have rights to disconnect the basic amenities services.

You can approach cooperative court against the society and get it restored.

Dr J C Vashista (Advocate) 20 May 2021

Action of associate i.e., disconnection of water supply is a criminal offence. Lodge police complaint.

Did you verify encumbrance on the property before finalisation of the purchase ? It is a well said maxim "buyer beware", you must have checked it before participating in the auction process.

It would be appropriate to deposit the outstanding bills of association, get the water connected and claim it from Bank as you are liable to pay all the bill from the date of auction purchase and afterwards.

It would be better to consult and engage a local prudent lawyer for proper appreciation of facts / documents, professional advise and necessary proceeding.