Legal Question in Consumer Law in India

Default of a flat owner in an Apartment complex

Ours is an apartment complex having 16 flats.Due to acute water scarcity in Chennai, by a majority decision in the General Body, we decided to carry out digging of a well and separation of pipe lines with fixing water meters for each flat individually. The cost per flat for these works came to Rs.5,500/- The work is 100% complete and the occupants have started enjoying 24 Hrs water supply everyday. Out of these 16, 15 have paid their share, but one has not paid her share despite issue of many request letter to her. What is the neaxt course of action to be taken in this matter. Whether the Association can stop water to him to force her to pay the dues to Association till such time the dues are recovered.?


Asked on 4/07/04, 6:49 am

1 Answer from Attorneys
Vivek Anand M/S.VIVEK ASSOCIATES

Re: Default of a flat owner in an Apartment complex

The problem that has been posted is very pertinent and has become more common these days.

The action initiated in respect of rectification of the water problem is justified. The non-payment of the requisite charges by one apartment owner is against the relevant laws for the time being in force and the association has a right to legal recourse and before initiating such legal action, the association may cause issue a legal notice to such defaulter calling upon him to pay the charges within a specified period of time and non-compliance of the demand would entitle the association to approach a proper forum for redressal of their grievances. However, it would be in-appropriate for the association to cut the water supply to such defaulter, which i feel would complicate the issue on hand.

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Answered on 4/08/04, 4:01 am


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