Lawfarm Team
Asked June 21, 2016

Harassment for payment of society charges

  • 1 Answer
  • 131 Views

I have my own water and owne electricity . The society chargers maintainance forcefully with out supplying any essential facilities. The society has been harassing me and my family for the payment of the fee for the past 3 years. I have made a complaint to the local police bt no action was taken. Please advice

Answer 1

Given the situation, there are two options- 

Firstly, it is clear that Police is not intervening therefore; approach Magistrate of your area. File a complaint before the Magistrate requesting him to take note of the facts under Section 190 of Criminal Procedure Code, 1973.  For this it is advised that you must preserve and procure evidences like phone call recordings, letters or any document which can help you to prove that the Society officials are tortuing you and your family. 

Secondly, approach a District Consumer Court and file a case against the RWA or president of the Society under Section [2(1)(c)] of Consumer Protection Act and take all the necessary documents including the receipt of payments made. Ask your neighbors if they are being harassed in the similar manner, common suit can also be filed. Consumer Protection Act also covers housing construction related matters under Section [2(1)(o)] of the act. In Lucknow Development Authority v. M.K. Gupta[1] the High Court held that purchasers of property are “consumers” within the meaning of the said act. In U.T. Chandigarh Administration and Anr. v. Amarjeet Singh and Ors.[2] , any deficiency or defect in such service would make it accountable before the competent consumer forum. Therefore, you can file a complaint before the district Consumer Court and request them to take appropriate measure and they can even grant compensation to you for  the harassment.

 

[1] 1994 AIR 787, 1994 SCC (1) 24

 [2] (2009) 4 SCC 660

Agree Comment 0 Agrees about 1 year ago

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