Rising Maintenance Dues: Private Housing Societies Resort to Public Shaming and Service Restrictions
As private housing societies across the country grapple with rising maintenance dues, many are resorting to public shaming and service restrictions to enforce payments.
Service Restrictions: A Double-Edged Sword
- A residential complex in Gurugram posted the names of defaulters in elevators and restricted access to services such as food delivery via Swiggy and Zomato, housekeeping, and other amenities.
- Residents were denied access to food delivery, car washing, and domestic help services.
- A formal notice issued by the RWA stated that non-essential services, including maid services, car washing, and delivery services such as Zomato and Swiggy, would be suspended until the dues were fully cleared.
Legal Experts Weigh In
Legal experts caution that access to such services cannot be arbitrarily curtailed.
- “If a society is registered under the Societies Act, it cannot arbitrarily disconnect such services,” explained Vittal BR, an advocate.
- “The proper legal recourse is to file a recovery suit in civil court,” he added.
Publicly Naming Defaulters: Permissible or Problematic?
- Experts note that while service restrictions may raise legal concerns, publicly naming defaulters is generally considered acceptable.
- “Publicly naming residents who have not paid maintenance is similar to notices issued by government authorities for property tax defaulters,” said Advocate Akash Bantia.
Consequences of Disconnection
Experts warn that disconnecting essential services like water or electricity could have severe consequences.
- “Essential services like water cannot be arbitrarily cut off, as they are fundamental rights as per the Constitution,” said Advocate Manjunath Achari.
- “Instead, unpaid dues should be recovered through civil court proceedings,” he added.
Conclusion
Rising maintenance dues are a pressing issue that requires a balanced approach from private housing societies.
- Societies must carefully navigate the line between enforcement and legal rights.
- Publicly naming defaulters may be permissible, but service restrictions and disconnection of essential services may raise legal concerns.
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