MANAGER NOT TO CUTOFF, WITHHOLD, CURTAIL OR REDUCE ESSENTIAL SUPPLY
OR SERVICE
पाणी बंद करा असं आमचं मत नाही.
(1) No person, who is a promoter, or who is in‐ charge of management or connected
with the management of a block or building of flats, whether as member of a
managing committee. director, secretary or otherwise, or is responsible for the
maintenance thereof (herein after in this section referred to as the manager”)
shall, without just and sufficient cause, either by himself or through any person,
cut off, withhold, or in any manner curtail or reduce, any essential supply or
service enjoyed by the person who has taken a flat (or by any person in
occupation thereof through or under him) in respect of the flat taken or agreed
to be taken by him.
(2) The person who has taken or agreed to take the flat or the occupier may, if the
manager has contravened the provisions of sub‐section (I), make an application
to the Court for directions to restore such a supply or service.
(3) If the Court on enquiry finds that the applicant or the person through or under
whom he is in occupation has been in enjoyment of the essential supply or
service, and that it was cut off or withheld or curtailed or reduced by the
manager without just and sufficient cause, the Court shall make an order
directing the manager to restore such supply or service before a date to be
specified in the order.
(4) The manager who fails to restore the supply or service before the date so
specified, shall for each day during which the default continues thereafter, be
liable upon a further direction by the Court to that effect, to fine which may
extend to one hundred rupees.
(5) Notwithstanding anything contained in any law for the time being in force
(a) In Greater Bombay, the Court of Small Causes, Bombay,
(b) In any area for which a Court of Small Causes is established under the Provincial Small Cause Courts Act, 1887, such Court, and
(c) Elsewhere, the Court of the Civil Judge (Senior Division), shall have
jurisdiction to decide any application made under sub‐section (2), and no
other Court shall have jurisdiction to entertain such application. No
appeal shall lie from any order made on such application; but in Greater
Bombay a bench of two judges of the Court of Small Causes, Bombay
which shall not include the Judge who made such order, and elsewhere
the District Court, may for the purpose of satisfying itself that the order
made was according to law, call for the case in which such order was
made and the Bench or Court aforesaid or the District judge or any Judge
to which the case may be referred by the District Judge, shall pass such
order with respect thereto as it or he thinks fit.
(6) Any manager who contravenes the provisions of sub‐section (1) shall, on
conviction be punished with imprisonment for a term which may extend to three
months, or with fine, or with both.
(7) The offence under sub‐section (6) shall be cognizable, and shall not be triable by
any Court inferior to that of a 1[Metropolitan Magistrate, or a Judicial Magistrate
of the First Class].
Explanation I. ‐ In this section, essential supply or service includes the supply of
water, electricity, lights in passages and on stair‐cases, and lifts and conservancy
or sanitary service.
Explanation II. ‐ For the purposes of this section, withholding any essential
supply or service shall include acts or omissions attributable to the manager on
account of which the essential supply or service is cut off by the local authority
or any other competent authority.

👉🏻Rules related to parking under RERA -
[ Ссылка ]

👉🏻How to file a complaint against a builder under MOFA?
[ Ссылка ]

लोकहितवादी
श्री युवराज उत्तमराव पवार
अध्यक्ष, डियर सोसायटी वेल्फेअर असोसिएशन
Email: contact@dearsociety.in
Website: dearsociety.in
Contact: 9175733957

#conveyance #legal #pune #deemedconveyance #legalconsultants #societyhandover #housingsociety #committeeresponsibility #chsbyelaws #cooperativeact
#mlafundforchs #chselections #housingsocietyelection #housingsocietyaudit

свернуть