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Advocate Shivchand Mishra (Lawyer)     21 July 2023

Society's managing committee resorting to unlawful tactics

Sir,
My client is into litigation with his builder since 2013 at consumer forum for deficiency of services with respect latent defects in flat and other issues such as not forming CHS, not sharing account details, not giving conveyance etc. A CHS was formed by builder in 2015. The builder didn't gave account details to the Managing committee during society handover as per rule 90 of the bye laws. My client requested them to take the same from builder but they didn't paid any heed to his request. He made an application before Asst. Registrar of societies. The builder replied that he has already handedover the account details to Managing committee and the managing committee before Asst. Registrar agreed to share the account details. However, they didn't shared anything till November 2017. My client stopped paying maintenance. In November 2017, the Managing committee verbally agreed to share the account details if the maintenance due is cleared. He cleared the pending maintenance due and continued paying the maintenance till 2018 but, committee didn't gave him the requested account details. Instead lodged a false NC against him. My client once again stopped paying maintenance and informed the committee that he will clear his pending dues whenever they share the account details given by builder at the time of society handover. Till date no account details was shared by society and resultantly my client didn't paid any maintenance till date.

Now the society has without giving any prior notice to my client or passing any resolution had stopped his services in the society.

How should we proceed further? Kindly advice



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     21 July 2023

He can file a separate complaint against the society before the consumer forum for deficiency in service and for restoration of the disconnected services. 

Alternately he can approach the civil court with a suit for mandatory injunction to direct the soceity to restore the disconnected services which form part of the essential services.

The essential services cannot be disconnected at the whims of the society


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