Vasai West Housing Society Ordered to Restore Water Supply Cut Over Maintenance Dues
The Deputy Registrar of Co-operative Societies in Vasai West, Mumbai, has ordered the Everest Apartment Co-operative Housing Society to immediately restore the water supply of a resident after it was disconnected over unpaid maintenance dues. The official order, issued in June, followed a complaint filed in March by resident Shrikant Gangadhar Pawaskar against the housing society.
In the communication sent to the housing society, the deputy registrar's office emphasized that water is a basic life necessity that cannot be cut off under any circumstance for financial defaults. The authority directed the society to restore the water line immediately and warned them to ensure that no such grievances are brought to the office in the future.
The dispute began when Pawaskar filed a complaint in March alleging that the housing society had disconnected his flat's water connection. The society had cut the supply because Pawaskar had defaulted on his monthly maintenance payments.
Pawaskar explained to the registrar's office that his failure to clear the maintenance dues was due to ill health and unemployment. However, he assured the authorities that he would make an effort to pay off the outstanding amount in installments.
In the ruling, the registrar noted that housing societies have established legal remedies to recover unpaid maintenance. The office clarified that societies cannot resort to cutting off essential services like water as a coercive measure to force payments.
According to the registrar, the Model Bye-laws for Co-operative Housing Societies provide alternative mechanisms for recovering unpaid dues, which include charging an interest rate of up to 12% on outstanding maintenance.
Additionally, Section 101 of the Maharashtra Co-operative Societies Act, 1960, provides housing societies with the authority to recover unpaid dues by obtaining a recovery certificate from the assistant or deputy registrar. Under this legal provision, authorities can attach and auction a member's movable property. If that is insufficient to cover the dues, they can also attach and auction immovable property to recover the outstanding amount.
