residents who don't pay the monthly maintenance charges

Hello,

I am a resident of a gated community in Gurgaon with RWA (Residents Welfare Association) managing common services with common pool of funds collected from residents. A few residents have connected to power backup without paying the infrastructure sharing charges decided by the RWA saying they would pay an amount deemed only reasonable by them. They are not even willing to respect the principle that a service/product can be bought only at a mutually agreed price between seller and buyer. There are others who do not pay even the monthly maintenance charges. What practical legal remedies the RWA and its members have to make these erring resident members comply with the law of the land and rules of community living? Will the RWA be within its legal rights by disconnecting these unauthorized power backup connections and discontinuing common services (water, power backup, garbage collection, cleaning of common areas etc it procures with common pool of funds) to the residents who don't pay the monthly maintenance charges?

Many thanks in advance!
Sincerely,
Anil Kumar more  

View all 15 comments Below 15 comments
RAW is supposed to get the services of resident and to look after the day in /day out problems but trend are very different. They get hefty amount as mtc and even interest of accumulated amounts is very high. It is pity if residents face any type of genuine problems /Raw authorities reaction is very slow , on the contrary they react fast if mtc is denied , their sole intentions become to penalise the person , instead of going through substance of problems. RAW authorities prefer to enjoy AC luxuries in office , rather then customers/residents problems. Amount of mtc is fixed /enhanced without any due reasons /either mutual consents of residents and this is reason residents react negatively but raw prefer to be active simply on few fundamental without realising the facts. Responsibilities of RAW is to full fill the duties /deal with day to day problems and to concentrate on service with reasonable cost , not earn money for useless office renovation, AC activations etc more  
This is a story of all society running in gurgaon unfortunately there is no clear law in Country we are living in as in 1947 there was no RWA concept so no law made by late Mr. Ambedkar In any case you disconnect electricity there are 100 laws to restore it and RWA will start using collected funds in endless court case because of poor judiciary. Many small devil resident/rwa know how play with laws and jaat culture in city make it power play and a question of reputation for these devil creature End of this is RWA is a welfare association Should not make money form basic amenities Government must have to take this in its hand which RWA s don't want as this become source of income for them Till time enjoy the politics of such fellow and pay price to live in city to these RWAs without questions as you are living in millanium city. more  
Dear Mr Asim, The whole idea behind asking for legal remedies in this forum is to plan and take actions only that are permissible by law. My concern about sustainability of RWA concept originates from the fact that number of defaulters is rising or the payments are being delayed. After all why would some members keep on paying for others who are equally capable of paying for themselves? When the proportion of defaulters would exceed a certain limit, the system would definitely collapse. more  
Dear Mr Anil, I only wish to say that RWAs are not above the court & if court has given some direction they must abide by that. more  
Maintenance charges are taken by Raw is often very hefty amount and difficult to bear residents , secondly regarding general body concept and mtc fixation is nothing but eyewash .Simple logic where more than residents are reluctant to pay mtc charges , seems to be inadequate service clears that no mutual concept of mtc amount .It is simply fixed hepazardy and charges as per whim by RAW. To prevent these practices there should be strict law over RAW , to limit mtc much below reasonable limit , after all residents are not paying for AC luxuries of office bearer , their services are much below average but they enjoy comfort from mtc money too much . Important is competent/learned authorities intervention , off course legal authority to restrict the RAW and residents must live stress free and satisfied of their hard earned money. more  
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