High Court Orders to Cut Off Water Supply to Hotels With Pending Dues Protests by Locals Continue
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Disconnection of water and/or electricity supply to recover maintenance dues
I live in a group housing society in Noida where the builder has outsourced the maintenance of common areas to a contractor. Every month, we receive a consolidated bill for the CAM (common area maintenance), water and electricity charges. The maintenance service is not good and the money collected from the residents as water and electricity charges are not always paid to the water and electricity suppliers, which has sometimes led to disconnection of electricity to the entire complex. We, the residents are demanding regular account statements from the builder and the maintenance agency. Until we get the statements, we have decided to pay only the water and electricity charges but not the CAM charges. Can the builder or the maintenance agency disconnect our water and/or electricity supply due to non payment of CAM charges? I understand that legally, they can not as the Supreme Court has declared water and electricity to be essential services. Is my understanding correct?Thanks in advance.
Asked 3 years ago in Civil Law
Water and electricity are essential services and cannot be disconnected
2) builder has to sue you to recover the maintenance charges
Advocate, Mumbai
88663 Answers
6284 Consultations
They can't deduct your water and maintenance services at any cost builder has to provide all the services till he handover the building to society as per the Co-operative society act.
Advocate, Pune
12409 Answers
191 Consultations
These are essential services and come within the purview of fundamental rights. He cannot disconnect these. And why is he depositing your bills. What interest does he has. Install pre paid meters in the flats. File a writ petition in the high court in case he does something illegal. And also file a criminal complaint.
Regards
Advocate, Lucknow
13810 Answers
65 Consultations
You should issue a legal notice to said builder and ask to comply as per terms. you can file suit for recovery of amount against him claiming with interest.
Advocate, Hyderabad
19032 Answers
32 Consultations
It is illegal to disconnect water and electricity without by society. You can file a FIR against the society or association for the said Act
Advocate, Mumbai
27789 Answers
89 Consultations
Why dont you peoples formed their own society and obtained restrain order from court against builder. For not providing statement and irregular bill payment causing disconnection sufficient ground to get relief from court.
Assemble all the owners than builder or contractor cannot be anything and for any forced act, file FiR.
Minimum 7 members can form society.
Advocate, Jaipur
21481 Answers
31 Consultations
No they have no right and you can file police company against them for same.
Advocate, Ahmedabad
25516 Answers
179 Consultations
It is a criminal offence. Under no circumstances water and electricity supply can not stopped.
Advocate, Kolkata
2837 Answers
14 Consultations
No as CAM in any way has connection with electricity or water charges or connection as differential in category if the builder take any step ,all the effected residents file immediately a case before the consumer forum for deficiency in service combined with an application to restrained him to do so, court will grant immediate relief.
Advocate, Gurgaon
2283 Answers
3 Consultations
Dear Sir,
Any action of the association in disconnecting the water supply to the non-member flat will be considered by courts as illegal as it is an interference in enjoying the common facility. The owner has to be persuaded to pay the maintenance charges as a member of the Association.
If any flat owner is not paying the maintenance charges, it is open to the association to pay the same and demand the same from the defaulting member in accordance with law, provided in the Apartment Ownerships Act.
As per Supreme Court ruling that no society is entitled to disconnect or suspend common amenities including water supply. You have to issue a legal notice to the defaulter and if he/she does not budge, move the Civil Court.
The Apartment Ownership Act of States will have a clause somewhat like this:
Compliance with covenants, bye-laws and administrative provisions.- Each apartment owner shall comply strictly with the bye-laws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended form time to time, and with the covenants, conditions and restrictions set forth in the Declaration or in the Deed to his Apartment. Failure to comply with any of the same shall be a ground for an action to recover sums due for damages or injunctive relief or both maintainable by the Manager or Board of Managers on behalf of the Association of Apartment Owners or, in a proper case by an aggrieved apartment owner.
Advocate, Bengaluru
4952 Answers
27 Consultations
The builder cannot disconnect the basic amenity services namely water supply electricity supply for any reasons, if at all he has any claim towards the arrears of maintenance amount he may have to follow the due process of law and not by indulging in such illegal activities.
You may issue a legal notice demanding proper and quality service to the builder in case the services rendered by them are unsatisfactory and are of sub standard quality.
Followed by, you can even drag them to consumer forum for deficiency in service.
Advocate, Vellore
78825 Answers
1578 Consultations
No builder have no right to disconnect necessary And essential services if your are paying charges for them and not paying maintenance for common areas.
Yes your understanding is correct legally builder cannot stop supply of essential services.
You should make association of society and take over the maintenance of society from Builder.
Advocate, Rohtak
10687 Answers
7 Consultations
Source: https://www.kaanoon.com/257779/disconnection-of-water-and-or-electricity-supply-to-recover-maintenance-dues
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