Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.

Can an Apartment's Association, cut the water supply to an apartment due to personal animosities.?

My friend owns a 3 bed room Apartment in one of the Posh localities of the city. Unfortunately even after 18 years of its construction, the association is not Registered, and is run by some persons, who are megalomaniacs. The office bearers and some of their sycophants never used to pay the monthly maintenance charges and used to charge the other member tenants with some false expenditure to make up for the deficit. The Tenants who had rented the apartment left without paying the amounts and nothing could be done by this self styled Association. My friend, being the owner, refused to pay the amount charged by them illegally. In fact, they had the audacity to claim the amount without issuing a proper bill which was always unsigned. My friend got some of the bills signed by them. Moreover, they never issued any receipt for the amounts paid and started acting like as they were the controllers of the Apartment complex. Two years back, they cut off the water supply to my friends apartment without any notice, either oral or written. My friend lodged a Police complaint, but as you know the Police in India are an ineffective lot and some amount changed hands under the table and they just kept quiet. He repeated the complaints thrice and finally on the third occasion, an educated and polite Sub Inspector of Police( a rare breed) advised him to lodge a civil suit claiming damages. After 15 months my friend lodged a civil suit seeking restoration of the water supply and damages for the physical and mental agony suffered by him. Fortunately for him, he was able to submit all the relevant evidence, and the case was very much in his favour. During the tenure of the case, these defendant submitted a false and fabricated certificate of registration, which was proved as invalid by a letter from the Registrar. It has been more than 15 months since my friend filed the complaint and all the hearings are over about 4 months back, and he is waiting for the verdict. He has been subjected to a lot of inconvenience due to the cutting off of the water supply. In the meantime, these megalomaniacs are sending out feelers to settle the matter out of court. But my friend is made of sterner stuff, he wants justice in the matter, having endured the hardships for nearly 32 months. My friend knows justice will be done, but the delay in the verdict is causing a lot of hardship to all his family members, who have supported him all along. Why is the legal procedure so slow in our country, even when a fundamental right, like right to water is violated. It comes under the purview of Section 12 of our Constitution, and is classified under right to Life.My friends lawyer is a lawyer of repute and very sincere in his efforts. But the legal system is very slow in its functioning, and no wonder that there are a huge backlog of pending civil cases. My friend had submitted affidavits explaining his problems about the delay, as he is still suffering as he has to make alternate arrangements for his water needs. Is there any way in which the verdict can be quickened. My friend would be grateful if a learned lawyer will be able to provide the answer. Just hope that a lot of respectable and learned persons view this letter and treat it as a cry for Justice.

Update:

This is an Indian based problem.

Update 2:

Dear Shine, your advice was very good. But my friend wants natural Justice in the matter so as such anti socials are taught a lesson. My friend and his wife are both senior citizens, and a man of repute in the area, plus the fact he has a intellectually deprived child. He conveys his thanks for your valuable advice.

3 Answers

Relevance
  • 1 decade ago
    Favorite Answer

    Short Answer . NO, No RWA has the authority to do it even if you are not paying membership fee. The maximum it can do is to cancel your membership. Even for this you have a right to be heard.

    However, If you feel that you need legal advice you can contact source website. They charge a little but they are good at this.

    Source(s): Associate at www.alliedlegalonline.com
  • Shine
    Lv 5
    1 decade ago

    You say the Opponents are sending feelers for compromise. It is wiser and prudent to settle the matter by mutual discussions. However, it could be done through the Court also by filing an MOU - Consent Agreement before the Court. You can dictate your terms and accordingly, if they agree you can come to an understanding and file the same in the court, so that it becomes legal and binding on both the parties. There is no point and it will be a mere waste of money and time to seek for court verdict in your friend's favour. Please note that even if the case goes in your friend's favour, there is a chance that opposite party may prefer to go in appeal before higher court. So, this will drag on for many more years, even decades. Please note you cannot force any court to decide the case at your convenience. Of course, provision is there for such appeals under circumstances like old age, etc. and it is left to the court to consider on merits. I feel it is wiser and sensible to reach an agreement on your friend's terms and settle the matter at the earliest.

    Meanwhile, the case is certainly in your friend's favour as basic and essential amenities like light and water supply cannot be stopped and the Opponents are aware of this fact. That's is the reason why they are sending feelers for compromise.

  • 1 decade ago

    No...

Still have questions? Get your answers by asking now.