Funcaar (Self) 23 August 2012

Non payment of society's maintenance charges

Respected Sir,

We are members of a small RWA of Sahibabad, Dist-Ghaziabad. Our RWA have only 38 members and it is registerd with UP Registrar Authority Meerut. Since last one year one of our members is not giving maintenance charges and enjoying all facilities like water, security etc. We have given them several letters. Whenever our members tried to request personally, the total family come out very hostilely and abused the members. In April 2012 we lodged a police complaint, and police took action immediately, after that they have stopped quarelling but are still not giving maintenance charge, Police said they can not pressurise them for paying maintenance charges, Police advised us to take the matter to the Court.

We will be greatful to you if you please guide us how can we get legal support, is it possible to compell them to pay maintenance charges with any other legal process without going to court.

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2 Replies

Anish Thakur 7018812737 (advocate) 23 August 2012

respected querist,

you can also file civil suit in the local court for the recovery of arrears from the concerned member.

Tajobsindia (Senior Partner ) 24 August 2012

Originally posted by : Anish Thakur 9459321520
	you can file suit against them under the provisions of indian society and maintenance act XXX

@ Anish,

Can you point out to us the Bare Act - Indian Society and Maintenance Act as you are ill-advising this queriest to approach remedy under?

@ Funcaar,
1. The police rightly pointed out to approach for remedy from Jurisdiction Court by filing a civil suit in Small Cause Court.
2. A similar case of your errant Member nature was last year decided in favour of RWA with cost of instituting suit with interest and decreed suit is annexed for your Associations review and to act accordingly by hiring an local advocate.
[See annexed PDF file for bare reading the Judgment based on same material facts as yours]