A cooperative housing society (CHS/Society) cannot sever the connection of water supply, electricity or other basic amenities for failing to pay maintenance dues. Doing so goes against the fundamental rights of an individual and can be construed as a criminal offence. The managing committee (MC) of such a Society can be held liable and charged accordingly if the affected flat owner files a complaint. The managing committee of a Society should instead follow the rules and regulations when trying to recover unpaid dues from defaulting members.
This week, I am addressing one such query where the committee members have disconnected the water supply of a resident, other issues concerning encroachment by the builder, and a matter that is pending in the cooperative court.
Society Disconnects Water Supply for Defaulting on Maintenance Charges
Question: The Society has stopped the water supply to our flat for not paying extra charges that were added to the maintenance bill. Please advise whether this is legal and what our next course of action should be, as the additional charges are not justified.
Answer: It is illegal for a housing society to cut (even temporarily) the water, electricity, gas or drainage connection to the flat. You should file a complaint against the Society in the cooperative court under bye-law no. 174(B)(viii). You may want to hire the services of an experienced advocate for this work.
At the same time, you should write a complaint to the Society regarding the additional maintenance charges, seeking justification for the same.
Encroachment by Builder and Land Owner
Question: We live in a large society, the layout of which has not been sanctioned by the Pune Municipal Corporation. Promoters and developers are taking undue advantage by encroaching on lanes, claiming it as a part of their land. This has caused inconvenience to residents as roads seem to disappear overnight. Please advise how we are to deal with this issue.
Answer: You should approach the chief engineer of the town planning department of Pune Municipal Corporation to get the layout of your Society's buildings, roads, and land approved.
You can then ask the land owner and the builder to execute the conveyance of the building and the land with a conveyance deed by paying stamp duty and registration. This conveyance deed should further be registered with the sub-registrar of the assurances office. If the builder and the land owner are unwilling to provide conveyance of the Society's buildings and its land, then the Society can go for deemed conveyance.
With a certified copy of the conveyance deed, you can then apply at the city survey office to change the property card in the name of the Society and further get the property map outlining the Society's land. Once you have the Society's map from the municipal corporation, it would not be possible for the builder or the land owner to encroach outside of this area. If the encroachment continues, you will have firm ground to file a complaint with the municipal corporation.
Unresolved Complaint in the Cooperative Court
Question: The flat above mine is owned by a non-resident Indian (NRI), and due to the bursting of a geyser pipe, water accumulation occurred in his flat for three days. This naturally resulted in leakage down into my flat, and the furniture was damaged. I have filed a case in the cooperative court, but the matter has been pending for four years with no relief. Please advise.
Answer: I assume you have made a complaint to the cooperative court under bye-law no. 174(B)(iii). If you have not gotten relief for four years, the advocate you have appointed may not be competent enough for the job.
You should now file a complaint to your local municipal ward officer under bye-law 174(D)(iv), informing him that if he does not take against said flat owner within 15 days, you will be compelled to take up the matter in a cooperative court. You need not mention to the ward officer that you have already filed a case in the said court and that the matter is pending.
In your cooperative court case, you should make the concerned flat owner, your Society and the municipal ward officer a party and hire the services of a good, experienced advocate, who can perhaps get you a judgement early.
Disclaimer: The guidance provided in these columns and on our Legal Helpline is on the sole basis of the facts provided by the reader/questioner and does not amount to formal legal advice in any form whatsoever.
(Shirish Shanbhag has an MSc in Organic Chemistry, a Diploma in Higher Education, and a Diploma in French and has completed his LL.B. in first class in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, teaching theoretical and practical chemistry. Post-retirement in 2012, he started providing guidance and counselling to people on several issues, specifically focusing on cooperative housing society-related matters. He has over 30 years of hands-on experience in all matters about housing societies and can provide out-of-box solutions for any practical issue.)
NOTE
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