Subhajit Chatterjee 23 April 2017

Disconnect water and services to clubhouse of a society

The builder is claiming owenrship of a clubhouse within a society and has rented out to different commercial ventures (salon, restaurant, super store,etc.) and collecting monthly rent from them.They are not paying for water charges or contributing to common area repairs and maintenance expenditures.

The association has demanded proportionate share from the builder towards common charges of the society such as monthly maintenance, water, etc.. However the builder is claiming that clubhouse amenities are being used by residents, so he does not need to pay anything. Can someone please help answer the following query:

1. Under what authority can the builder claim ownership of the Clubhouse.

2. What action can the association take to recover the dues pending. Can water and other services be disconnected?

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4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 24 April 2017

You can send a legal notice to the builder. Later you can approach consumer forums.

P. Venu (Advocate) 24 April 2017

Is it true that the residents are using the facility?

Kishor Mehta (CEO) 24 April 2017

Sir, Everything depends on the terms and conditions of the registered documents entered in to between the society and the builder as also with individual members. Has the builder conveyed the ownership of the land to the society? The terms of the conveyance deed play a deciding role. Good luck, Kishor Mehta

Subhajit Chatterjee 24 April 2017

Yes, Residents are using the faciliy but everything is charged. The builder is eventually using it as a commercial venture and extending services to outside people as well.