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how to handle Defaulters of Resident Welfare Associatio
01-May-2023 (In Landlord/Tenant Law)
I am the new president of a RWA where several residents have accumulated large amounts due to the Association. We have several chronic defaulters who have in some cases more than Rs 100,000/ of maintenance due. We have so far not resorted to any disruptive options but currently we are considering stoppage of services to these apartments. Can anyone provide me with legal ramifications of stopping such services like water, parking and housekeeping or provide me with an alternative method of collection of dues?
No Resident Welfare Association or Housing Society has authority to deprive the resident of the essential services like water, housekeeping etc. and hence you can not take that step to deal with the defaulters. You need to first publish their names on the notice board of the Association and allow a short period to comply. If they fail to respond or post up send them a legal notice demanding payment of arrears. If the defaulters fail to pay even after receipt of the legal notice you will need to file a suit for recovery in a civil court. The jurisdiction to file the suit will depend the nature of your welfare association.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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