You can do recovery under cooperation societies Act. You can't stop water and electricity. Yes it will be stoppage of essential service on the contrary you should proceed with recovery proceedings. Yes you deal with the penal provisions of fine as per the bye laws
Recovery of dues from residents of registered Housing society in Kolkata
We are a registered Society in Kolkata have obtained our registration only recently.Have the following queries a)In case we have any habitual defaulters and have exhausted all means of recovery though internal controls viz stopping of common services , what other recourse do we have for recovery of our dues. Is it necessary to seek intervention of the "competent authority" first or can we directly go for legal action in a civil court. One legal opinion was to go to supreme court directly as lower courts can take very long time. b) We do not have water supplied by municipality and have to depend fully on bore well water supply which is a substantive part of our electricity bill. We have never stopped water supply to defaulters .Would stoppage of internal water supply from bore well be deemed as stoppage of essential service. c) In case of any member does not abide by any of the provisions of the WB Bye laws 1974 or Society Bye laws which do not contravene any laws of the land ,and do not follow Management Committee recommendations what recourse does the Society have to deal with such cases
Asked 6 years ago in Civil Law
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11 Answers
Thanks Mr Nayak for the advice. Ours is not a Co operative society but an AOP registered under the WB apartment Owners Association Act 1972. As such, as any dispute can be raised with the Registrar of the co operative society for those registered under the said Act do we have to go to the "competent Authority " first or can we directly do for legal action.
Asked 6 years ago
Water is an essential service
2) you cannot discontinue water supply
3) you cannot file recovery proceedings directly before SC
4) issue member legal notice to comply with bye laws
5) if he fails to follow bye laws society must take legal proceedings against the said member
The competent authority is dy registrar in such apartment associations you can approach him.
1. Since it is registered under WBAO Act your re guided by the bye laws set by the Act itself.
2. The Act and the bye laws along with the Rues are quite clear to deal with the issues relating to default in payment of common maintenance charge.
3. The actions for defaulters include debarring them from using the common area/facilities/amenities and publishing the names in the notice board.
4. This in no way empowers you to disconnect the the essential supply like water or electricity.
Recovery shall be by filing recovery suit. For non payment dues, issue prior notice of 15 days.
Yes,
Association rules are application to those only who are members of association.
You can directly approach civil court to take action. Against them for recovery of dues but before that you need to issue legal notice through advocate for recovery of dues.
Yes it would be deemed to stopping of supply of essential services.
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.
you can file a suit for recovery of due. So the flat owners are bound to provide dues
You cannot approach supreme court for this purpose, not only that you cannot approach even high court or district court for recovery.
You may have to approach the court which is having pecuniary jurisdiction for recovery of the dues from the defaulting members if they are adamantly not paying the dues to the society.
For taking this action, as a society which is is an independent body, upon empowered for this act through the bye laws or in a meeting of the society, it can very well proceed directly without asking a permission from any authority.
The cooperative registrar will not be of any help to you in this regard.
In fact your complaint with the registrar may not even be entertained stating that it is your internal matter.
Therefore you may have to initiate an action for recovery directly through court of law.
1. You can not go to the Apex Court directly on this issue bye passing he lower Courts.
2. Fie a Recovery Suit praying for an order upon those flat owners to pay the monthly maintenance with arrears with interest.
1. Your said competent authority has got no jurisdiction to direct the defaulters to pay the maintenance and arrears.
2. Civil Court is the only option as suggested in my earlier post.