Legal law against RWA and its forceful practices
Hi ,
I want to understand the legal rules , acts and sections with reference to the following issues regarding our apartment which I purchased new and the RWA :
1. Due to lot of issue from the builder the residents of our society formed a RWA and taken the maintenance / other regular operation of the society in its hand. Due to nature of work my presence / living in this apartment is fairly negligible hence never got a chance to be a member of the RWA . So till now I am still not part / member of RWA . Can the RWA still force its rules on me ?
2. In Dec 2014 my car was damaged severly ( which was covered and parked in my own paid reserved basement parking) suspects unauthorised visitors loitering inside the premises. I raised the concern with the security , RWA president and concerned officials they all passed the blame to each other but no-one took any responsible actions. I was asked to write a complain in the building complain book which I did but nothing happened and my vehicles continues to get damaged even now
3. Never ever any complaint raised with reference to my flat or common accessible areas like lights / cleaning / maintainence etc was resolved by RWA and security always remain a concern.
4. I continued to follow up the initial issue in complaint book and with with RWA president and also informed if RWA don't want to work I will stop pay the maintainence charges to RWA
5.Just in the initial few months of RWA formation the first RWA president and concerned office bearer with whom I was following my issues resigned and new president and team took over the responsibilies and started forcing me to make the payment but again never resolved any of the pending issue with reference to the security and maintainence of the society. against which a written notice was served to the RWA and its office bearer which was never ever responded by the RWA.
6. Since nobody respond , work or take accountability and I as a resident continue to get harassed by the financial and mental damage I continued to not make any maintenance payment.
7. Recently i came to my building and found that the basement entry to my apartment is locked and have coded entry on enquiry I found out that some resident of building decided to take security in there hand and installed this access lock and asking for unreasonable amount to get access code. ( All this happened without my consent and the amount asked is way too high against the actual expense done) On seeking clarification i was told - its done pay money to get access - This restricts my access to my property and all this is happening without my consent - Is this correct and what can I do legally ?
8. Also even though its around 1 year now RWA never responded to my issues and notice too but served me a notice asking to pay the dues along with interest in 2 days else they will disconnect essential supply like water - sewerage etc including access of lift and other as mentioned in the RWA bylaws.
9. I always pay advance electricity amounts and theres always excess payment from my side but I intentionally stopped paying maintenance charges as nobody is doing anything and theres no accountability for the money.
The question I have are follows :
1. I am legal owner of the property but was never and still not the member of RWA - Can the RWA still force its bylaws or rules on me ?
2. I am making regular complaints in written which got completely unheard and facing financial and mental agony what can be my course of legal action?
3. If RWA is not taking any accountability for its work why are they forcing me to pay and accept all there terms ? how can I take it legally ?
4. Regarding the locking of the parking entry without my consent and now asking for unreasonable money to get access code with every resident of building is it correct ? can I take legal action against the same ?
5.I don't like all such experience where certain group of people are trying to impose there terms and asking for money without taking any accountability - Just because I have a flat in the society do I have to bear all this ? does the law say so ? Can I not just legally ask to to shut up and let me live ?
I am extremely confused first the builder was a torture and now RWA politics is coming up as a new Gunda-raj culture - What are the laws , acts and sections which says that RWA can force me to suffer like this ? can they legally disconnect my water, sewerage , electricity , lift access etc ?
Please help Thanks in advance.