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disconnection of backup power by association


14-Sep-2023 (In Property Law)
My situation - I live in south Bengaluru in an apartment which is managed by owner’s association but it is not registered. Recently they started charging fine for parking in association owned parking slots. Although I know that slot was not allotted as there are few flats are still unsold. Parking slot allotted to me is uncovered as opposed to covered because I was not present during allotment. Since i can’t park my car there I started parking in an nearby available slot. Since that slot was not sold, association decided to take it under their control. I explained them the situation and asked for a month to put a shed for my parking slot but they refused and disconnected DG supply. My questions - 1. Is it legal to disconnect DG supply? What legal options I have against the association? 2. What options I have against the builder who allocated me uncovered parking even after purchasing a covered car parking? 4. During the power cuts, my family is sleeping in utter discomfort,
Answers (1)

Answer #1
853 votes
The Management Committee has cleary acted in haste and illegal manner. Power connection not be cut without providing reasonable legal notice(30 days). They have acted upon vengence against you. Ask M.C on what authority they exercised this action. Demand a Bye-law from the Secretary/ President of Association. File a police complaint for Mischief under s.426 of IPC since they acted in illegal manner.
You have also been cheated by Builder for not providing a covered parking and you can file a Consumer Complaint/ Complaint to RERA. Just because you missed the meeting, they cannot alot some other parking space. Allotment must be done on the basis of date of purchase. The person who purchased first will have the first preference to choose and so on.
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