Hello
Though we have cleared all our Maintenance Fee 100%, we have been charged a late fee of 80K and the power backup has been cut saying that it will be restored only if we pay the late fee also in full. Is it legal to do this? Kindly advice
Almost every housing society has an RWA (resident welfare association) representing the residents' interests. The association is in charge of dealing with day-to-day issues for residents, managing facilities in apartments and complexes, and protecting the rights of unitholders.
A society requires funds to operate, so each member must pay maintenance fees according to the bylaws. Non-payment of maintenance fees is illegal, and RWAs have the right to expel members or limit access to services like the pool, parking, and clubhouse, as suggested in the housing society's rules and regulations.
Nonetheless, society cannot cut off essential services without giving members advance notice. In several cases, the court restored essential services such as electricity and water supply even when the resident did not pay the maintenance fees.
RWAs are not allowed to turn off the power or shut off the water until they have received permission from the statutory authority.
So, to answer your question more accurately- No, it is not legal to cut off electricity, an essential service, without prior notice. Also, a late fee can only be charged if it is mentioned in the rules n regulations of the housing society.
I hope my answer is helpful to you.
