Mumbai: A co-operative housing society cannot disconnect a resident’s water supply for non-payment of maintenance charges, the Deputy Registrar of Co-operative Societies in Vasai West has ruled, directing a society to restore water to a member whose connection had been cut over pending dues.
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In a communication sent to the society in June, the deputy registrar’s office said “…water is a life necessity, and under no circumstance can water supply be disconnected. Thus, the applicant’s water supply should be restored immediately. Kindly ensure that no such grievance is received by this office.”
The order follows a complaint filed in March by Shrikant Gangadhar Pawaskar against Everest Apartment Co-operative Housing Society in Vasai, alleging that his flat’s water connection had been disconnected because he had defaulted on the monthly maintenance payments.
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Further, Section 101 of the Maharashtra Co-operative Societies Act, 1960, empowers housing societies to recover unpaid dues by obtaining a recovery certificate from the assistant or deputy registrar. If necessary, authorities can attach and auction a member’s movable and, if that is insufficient, immovable property to recover the outstanding amount.
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According to the complaint, Pawaskar told the registrar’s office that he had been unable to clear maintenance dues due to ill health and unemployment but assured authorities he would try to pay off the outstanding amount in installments.
The registrar also noted that housing societies have legal remedies to recover unpaid maintenance and cannot resort to cutting off essential services with such a coercive measure.
The Model Bye-laws for Co-operative Housing Societies provide alternative mechanisms for recovery, including charging interest of up to 12% on outstanding maintenance.
