Co-operative Society and RWA not doing proper maintenance

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If the Society or a Co-operative Society is not properly doing maintenance, the members can always seek legal opinion of this web-site free of cost. The facts of your relationship with the Society or RWA are as follows:

SOCIETY IS MAINTENANCE SERVICES PROVIDER: Whether it is a Co-operative Society or a RWA, these are service providers. Both demand and recover an amount of maintenance charges from the members or residents of the Society or the RWA.

MEMBER OR RESIDENT IS CONSUMER: Whether the member of resident is power of attorney holder or otherwise, he/she is a consumer of the maintenance services provided by the Society or RWA.

WHAT SHOULD YOU DO AS 1ST STEP: The member or resident should complain in the complaint book or box kept for the purpose and alternatively write a letter to the Society / RWA and obtain its receipt from the Society / RWA.

THE EFFECT OF WRITTEN COMPLAINT AGAINST MAINTENANCE: The Society or the RWA will do the maintenance within 15 days if it is normal maintenance and it will do it immediately if it is a essential service.

IF THE SOCIETY / RWA DO NOT TAKE CARE: If this is the case, you should immediately leave a reply below this page or any other page of this web-site and we shall provide you guidance of what you should do.

THE WEB-SITE REPLY IS FREE: We wish to inform all that if you put any query or require any assistance and we provide you free advice on this web-site within 24 hours.

IN CASE OF ANY QUERY OR ASSISTANCE REQUIRED, JUST LEAVE A REPLY BELOW

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88 Comments

  • nizam says:

    gud evening sir, hi my ques is my parents had taken a dda flat 20 yrs ago n den d society was nt registerd in rwa ,recently few people with crime backgrounds have registered d society as rwa n asking people to give 50 rs. well its a dda flat society n i dont think it requires rwa. so wat choice i had to stop dis corruption ?????

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  • sharad gupta says:

    can the management committee in cghs increase maintenance charges without taking residents into confidence?

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  • RAJESH KUMAR says:

    Dear Sir, I am the Flat Owner of a Group Housing Society of 150 Flats and existing RWA is not allowing me to be a member….. in this way they do not allowing new allottees to avail common facilities like parking etc. They are taking excuse by saying that they are not able handle large population. They are not doing anything for the Welfare of the Residence and they always support Builder of our Society. They gave everything in Builders hand and now Builders staff is taking high charges of Maintenance and we are bound to pay & portion of handsome commission is going directly to President. Please tell me then what is the use of this RWA. We force them to resign but they are not interested. I just wish that they resign from their respective posts and hand it over to eligible people so that our society can solve existing major issues. Members are also not happy with the existing RWA and wish to make new RWA or Dissolve existing one. Everyone is in favour of reelection. Kindly suggest me how to dissolve this existing RWA or where to complain this issue. Thanks & Regards, Rajesh Kumar

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  • RAJESH KUMAR says:

    Dear Sir, I appreciate your prompt reply. I am pasting the complete info regarding complaint against RWA as required by you. Following is the letter drafted by us against RWA:

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  • C. Verghese says:

    Good morning. I’m a resident of a CGHS based in Delhi. My MC wrote me a letter stating that on a common land they have made lines beyond which you cannot park your vehicle. I wrote them back saying common land enjoyment cannot be narrowed. The issue is: I park my vehicle at a place and when I remove my car to go to work I park my wife’s scooty on that place. They are telling me to remove my vehicle from that space since it is not under the area they designated for parking. They imposed fine of 50/- on each vehicle per day. Stating they decided during a annual meeting (AGM). Is there something I can do? Should I pay the fine?

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  • Vikas Kansal says:

    Dear sir, We are the residents of Pink appt sector 18B Dwarka and we are very much annoyed with our RWA of society. We don’t know how they select executive members, increase society fee, funds are manipulated etc. this list can go on and on. So just want to know what action we can take to dissolve the existing RWA and re-elect new team. Thanks, Vikas

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  • Terence says:

    I own a 550 sqft flat and the society used to take 500 rs per month as maintenance now they have increased it to Rs.1100 per month and it is a registered cooperative society my building doesn’t contain a lift and the other flats have a lift and their sq.ft is twice as mine but they are charging common maintenance to all and they are charging an interest of 21% compounded . And they are also charging for car parking and vehicle parking. Can you tell me how do I take this up with the specified authority and how do they charge my maintenance. My society does not have any amenities like swimming pool and others. Just a building with 2 watch mens and a gardener who is common to all.
    Can you also suggest me any judgements made by the court so I can be more direct with them.

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  • urvashi says:

    Hey my society is not accepting maintainence from me because of some dispute can u tell what should I do

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  • Ajay Vaghani says:

    Sir, My car was damage and reverse sensors were theft in the society premises in my parking lot , even police compliant is also done and the along with a covering letter given to the MC of society but the are ignoring to give my claim twice I had done from pocket but again again someone do mischief and society is not co-operating for the same and also not giving my damages kindly help me out for the same. Even as per by laws MC is liable for the maintenance of my loss. Kindly do the needful. Thanking you, Ajay Vaghani

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  • Ajay Kumar Malhotra says:

    I am writing this in appreciation of your advice and assistance rendered by your legal experts towards me and also other residents of the Society. As a result of the 3 cases filed by the legal expert Mr. Sahota, all the 3 cases, i.e. Consumer Forum, Criminal Court and also at the Registrar office have now been withdrawn as a compromise with the Managing Committee. The President and Hony Secretary have resigned from the Managing Committee. The Managing Committee has now called a Special General Meeting and MC has invited Mr. Sahota to be present to guide us all.

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  • Mrs. Nishi says:

    Dear sir, My mother in law has a studio apartment in a coop housing society. currently the flat is occupied by me. The condition of the flat is too bad due to heavy leakage from externally. The space outside our flat has cracks n is damaged. We are nor bonafide neither associate members of the flat. However we lodged a written complaint to the secretary of the building, but he refused to reply our letter saying that we were not members and so had no right to ask or complaint to the society. Pls advise us what we can do now. Thanks n with best regards. Mrs. Nishi.

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  • Shub says:

    I am owner of a flat in a building erected in a free hold land by Gaursons in Ghaziabad. The building was initially maintained by Gaursons and handed over to an RWA during July 13. The executive committee (EC) is not elected and the EC has not called for an election in last 1 year. No expense statement or RWA balance sheet has been shared by the RWA in last 1 year with general members of the RWA. I have written complains on maintenance pending for 3 months to 1 year. One of the complaints is back flow of water into my flat during monsoon. Since, the problem was not addressed, sewage water flows into my flat from common pipeline during monsoon. This complaint is pending for last 11 months.

    The EC runs the maintenance office as their own will with out any consultation with general members. In this scenario, what are my rights and what legal course of action

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  • Sunil Kumar says:

    Dear Sir, I took an MIG flat in Dwarka, New Delhi on rent in the February, 2014. The President of RWA asked to pay maintenance charges for the complete fiscal year 20013-14 in one go. But the non-availability of water in the said flat made me vacate the flat in just 2-3 days. So I vacated the flat and since then I have been trying to claim refund of the maintenance charge. The president of the RWA has not even responded to my 4-5 letters and enumerable telephonic calls. May I request you to kindlly advice me accordingly.
    With warm regards,

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  • Sonal GUpta says:

    Can RWA cut the water connection and electricity for non payment of monthly maintenence charges? If yes, then under which section and rule of the act?

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  • pawan says:

    Dear Sir, Can flat owner park his car at society if the flat is raised on rent .. i am not staying at my flat but RWA at mayur vihar punctre my car regularly when i bought dda flat in 2008 .. They are harrasing me for car parking ..
    Pls help ..Pawan

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  • Preet Gupta says:

    RWA is not acting against a particular resident who is violating defined rule in society of not parking any vehicle in ‘No Parking’ area.

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  • Dev says:

    Can RWA and maintenance team restrict any owner to let his flat to student or bachelors…..??? my tenants are student and I do not have any problem with them…but today someone from Maintenance team threaten my tenants that they should vacate the flat by tomorrow otherwise they will cut the electricity..RWA also backing this rule….please suggest the solution.

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  • Somil Gada says:

    I had given a letter to the society regarding the repair works of the society compound. The bricks installed in the society are loose and rain water is collected inside them that makes the water spill out when walking over them. I gave the letter to the society last month and the society is least bothered regarding that, I want to take a strong action against them, please suggest me!

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  • Alok says:

    Dear Sir, I am a resident of Kaushambi in NCR Ghaziabad. Being a resident of Kaushambi in NCR Ghaziabad, are we supposed to follow the Delhi Apartment Ownership Rules – 1987 ?
    Secondly the Apartment in Kaushambi NCR that I reside in ;
    The building maintenance has gotten from bad to worse and we residents have decided to firstly get the apartment registered.
    For the same when and after putting pressure on the [un-registered] Resident governing body the account statements was asked of the past 5 years, what they provided seems absolutely hyped and [prima facie] appears fabricated and is also not done via Chartered Accountant CA.
    The deadline provided by various residents to the governing body for provision of account and other expenses will be expiring soon.
    We wish to get the apartment registered because of the urgent repairs that are needed to be performed but at the same time there appears to be a severe mismanagement of funds and NOW what options do the resident have ??

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  • Rajesh Kumar says:

    Dear Sir, I am residing in Shalimar Garden, NCR Ghaziabad. I have an issue and need your help in this regard. Basically, there is an so called RWA in our society who has no support of all residents. It is just a gathering of few people but no one want to go against them. They are putting pressure to give huge amount in the name of security, even we ask them it is so high and we cannot afford or continue such amount to pay. But they never reply and pay any heed. Further, time to time, they approach with people mob to get it collected or threat something like that. Please advise, how we can go for them.

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  • Raman says:

    Dear Sir, I am a resident of Sispal vihar – Army welfare society in sector 50, Gurgaon. The RWA of our society comprises of all ex army service men who think of them self as owner of the entire society. In society we are issued a car parking sticker only if we have an intercom. I’ve got an intercom from a company called Triple play. I was not aware that there is a dispute (verbal only) between my RWA and the telecom company. Now because of this tussle between RWA and telecom company my RWA is not issuing me the car parking sticker for last two months. The security of our compound is very tight and nobody is allowed to get in or get out without clearance from guards. It is creating utter nuisance for my family and me to get in and get out of my society. Every time I approach the RWA they give me future date for discussion. Also they are forcing me to drop the existing connection of Triple play. They have no authority to push me to buy connection of another company because they have a dispute with Triple play. Please advise ! Regards. Raman Sehgal.

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  • Aditya says:

    Hi
    I am living in VASANT Kunj when I have shifted here RWA was already formed at that moment. I was not aware who is the president as well other members also. In last 2 years I have seen so many cases of theft, cleanness is not there in blocks. As per RWA they are providing plumber and electrician as per demand but they also don’t come and suddenly after 2 years I have seen a notice of election pasted on walls in the society for the RWA. Which was not planned no one was aware of that and there was so many rules and regulations was mentioned who are eligible for cast the vote and also for standing in the elections. Then I went through RWA rules and as per rules everything was wrong. They have taken a wrong process for the elections the current executive member is returning officer which is wrong. They should do an AGM in that AGM they have to show the accounts to all members and they in that AGM the current RWA should desolve.
    After that me and few more residents have done a survey in our society if residents are happy with current RWA or not. Everybody is unhappy with them and want to remove this team. Even I think they are running this RWA illegally. We want to take a legal action against them. Please suggest me a proper way for the same, by that all scandals done by them should come forward to all residents and police takes strict action against them.

    Thanks

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  • Vijay Kumar Joshi says:

    Dear Sir,

    I am living in society in Indriapuram which is registered under AOA (Apartment Owner Association). Now though RWA won election by legal means but now from past 2 years there was no election conducted. Also bylaws were not followed for monthly/quarterly/Annually income/expenditure statements. RWA already showed loss of RS 10 lakh in their recent statement. When some resident ask question then they abuse and somehow harm the reputation of the resident. Please advice

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  • Kuldeep Chahal says:

    Hi, I am Leaving in Vipul Garden , Dharuhera, at rent, at the time of we took the house on rent there was no security for the culb and agreement between Owner and tenant are including the manintance charges , so now they are asking for 10000 Rs security , Please advise how to defend this, We are leaving approx. 150 Tenants in 150 flats and everyone wants to fight against it. Thanks and Regadrs Kuldeep Chahal :

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  • Sarab says:

    Dear Sir,

    I recently purchased a 3BHK in Gurgaon. It needed renovation and my RWA has charged Rs 5000 per month to enter the contractor and labour. I was annoyed at first but paid it. They again charged me Rs 3000 for shifting. I have moved in 20 days ago and found some fault in the job done by contractor. The RWA is again asking me to pay some charges to let him do his work. Also they are not transferring the flat in my name even after taking all the documents and say that you need to pay Rs25000 for transfer of name in RWA records as per their bye laws. I’m feeling harassed and mentally stressed. Pls suggest where can I complain against all this

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  • Sarab says:

    Thank you Sir. It is not a cooperative society. Its Unitech building handed over to RWA at possession only.
    I refused to pay transfer charges because my name is not updated in records.

    Also I read in TOI sometime back that as per District registrar they cannot charge for shifting. With which authority I can clarify the legality of these charges? Will DTP enhancement able to help? I need something in writing from a authority to revert to RWA.

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  • H.D.Adoni says:

    Dear sir,
    I am leaving in a registered housing society in Kalyan, due to non availability of proper security services I have not paid increased amount of maintainance charges for few months. I have written many letters to secretary regarding the matter and reason for not paying the increased maint. charges, till date I have not got any reply from the secretary and also they not arranged to take AGM for the last 2 years. I am receiving maint.dues of not paying increased maint. charges. Please advice me what to do for not paying maint. due. as I am not going to pay the dues. Please guide me.
    Thanking you,

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  • Lt col AV ARORA says:

    New RWA 55 sector, noida,in complete disregard to its own bylaws has started taken over tasks for which should have to approach govt agencies. Such was the case for 22 years. Eg for creating a parallel force to police they demanded Rs 28 lakhs. Many resisted. Rwa humiliated all by the recently posted posse of guards.many did not pay.
    Their own members paid is doubtful.

    Rwa does not accept that it’s membership is voluntary.

    Rwa’ a area (scope) is limited as per bye law 2. Many establishments like IOC buildings , reliance complex, old age home, schools. Bank etc are located in the sector. In over reach of authority Rwa regulates their visitors and the roads which are Authority roads Rwa has overtaken custodial rights of roads and erected unauth barriers, dividers and all users of thes govt roads are made to pay residents 2500/1000 vendors 300.
    We had reported to DM, Noida Auth.
    Col ARORA ,

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  • PS says:

    Dear Sir,
    In my society in BHIWADI (Rajasthan), RWS conducted an open session with all residents. In the meeting it was decided that the existing RWS committee be dissolved. In the same meeting the PRESIDENT was re-elected and he was delegated the rights to elect the new committee. It has been over a month that the new committee is not constituted. What impact does it have on the existance of RWS and are there any provisions of law where by RWS registeration be cancelled on this note.
    Rgds
    PS

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  • Prashant says:

    Hi I wanted to get a detail understanding on what happens if an rwa if fighting a legal battle with ex rwa president and a group Supporting the ex president is not paying the maintenance fee hence the condition and upkeep of the society is detoriating. The condition is so bad due to the legal case that today it’s the 7th day where the residents don’t have power supply and water supply. This is J block May field garden sec 51.

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  • Vikas says:

    Sir president of our RWA is not conducting fresh elections though as per the memorandum after every 2 yrs the elections should be conducted but for more than 12yrs now he is sitting on that post and doing nothing for the colony. How to we force him to resign and conduct fresh elections.

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  • Udit says:

    Dear Sir,
    Our RWA has imposed a fee of 40,000/- per head for road re-laying and 22,000/- per parking for stilted parking relaying and have threatened to cut-off electric and water supply of those not paying. Also penal interest of 24% for late payment. Road laying is to be done with interlocking tiles instead of RCC (As is the norm for strength). During AGM, this was discussed and passed without voting and less than 50% attendance. Is it legal?

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  • Gomukh Agarwal says:

    Hello ! We are the residents of Jaipuria Sunrise Greens,Indirapuram ,Ghaziabad. Our society’s RWA has issued a notice recently in which they stated that only those residents can participate GBM whose maintenance dues are cleared till 30th Sep,2015 . However, UP Apartment Act 2010 doesn’t says any such thing. Kindly let us know what relevant action could be taken against RWA if they barred the residents from attending the GBM .

    Also, the current housekeeping society & security agency are not doing their job properly in the society.We have made complaints many a times to RWA regarding the same but there is no action from their side. Kindly let us know your opinion on the same as well.

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  • Renu Kochhar says:

    the RWA of which we are members
    Had organized a Diwali Milan.
    All members were charged Rs 200 for food ,game stalls were sold to residents and games like lucky 7 was allowed openly which is a gambling game.
    I did not get the food that was charged for and no entertainment tax was paid to the govt
    Can I file a PIL against the society
    Thanks

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  • AJAY ARORA says:

    RWA kohat enclave pitam pura Mr banga giving illegal permission for function on DDA land and making money
    Created a lot of problems for people living near area

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  • Rajiv Harish says:

    There has been a massive illegal construction in the society. Especially the President of the Welfare Association himself has carried out illegal construction in his flat by converting 2 flats into 1 and severe /alterations/changes and/or extensions in his Flats in flagrant violations of the Rules and Bye laws of the Society and also of DDA and/or MCD.

    Many owners/residents of the Flats in the Society have carried out structural changes/ inner design in their Flats completely, which though carried out inside the flats, have adversely effected the structure of the building as a result of which the buildings in the Society are becoming unsafe for the other residents of the Society.

    A toilet and bathroom has been illegally constructed near the big illegal office of Welfare Association which is constructed in the parking space. These are not the part of the Map of the society.

    An electric sub-station has been erected, located and made functional right under the flats of Block A and the same is a serious security hazard for A Block building. Even this is also not a part of the Society Map.

    Kindly suggest as per what can be done in this case.

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  • Amit M. says:

    Very true Nitin. RWA of Krishna Apra Residency (Block: E-8, Sector-61, NOIDA) is taking a number of illegal decisions and exhorting money from residents. Most residents are busy in their work / offices and find little time to intervene. Given this scenario, RWA has started making structural changes in the society (in public / common space) such as a new gate for the society, changes in individual buildings etc. None of these are based on consent of the residents but through nexus of management of RWA. They are using these projects to exhort more money from residents as well as siphon off money through civil and maintenance work. Unfortunately most residents are silent and paying instead of acting against these corrupt practices, which only motivates the RWA management to be bolder their corrupt work.

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  • Amit says:

    RWA of Krishna Apra Residency (Block: E-8, Sector-61, NOIDA) is taking a number of illegal decisions and exhorting money from residents. Most residents are busy in their work / offices and find little time to intervene. Given this scenario, RWA has started making structural changes in the society (in public / common space) such as a new gate for the society, changes in individual buildings, parking spaces etc. None of these are based on consent of the residents but through nexus of management of RWA. They are using these projects to exhort more money from residents as well as siphon off money through civil and maintenance work. Unfortunately most residents are silent and paying instead of acting against these corrupt practices, which only motivates the RWA management to be bolder their corrupt work.

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  • Shantanu says:

    Hi ,
    I stay in an apartment in Faridabad and due to the negligence of the RWA there is water leaking from the main water discharge lines of the building. This has resulted in water seeping into my bathrooms and spoiling the interior. Reminders to them have resulted in nothing and they are not responding to my queries . Please suggest appropriate remedial measures.

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  • Omprakash says:

    Dear experts

    I have purchased a flat in Nalasopara east area New building. Society is not yet formed.
    Neither OC is given by corporation.

    I have also given advanve maintenence vhargesfor 18 month and during the agreement maintenance charge was decided 1.5 rs. Per/Sqr. feet.
    This complex not approx. 200 flats. Our of his 50 flats are either locked/not sold.
    Now builders started not paying the essential maintenance service like regular water as well as also stopped paying the complex electricity bill which resulted electricity board to disconnection elect. Supply.

    Now builder is sayin the don’t have sufficient fund to provide service. And forcing us to share extra money. Tut stopped electricity service lift service although we have paid advanced mainteneance.

    While we had a discussion with them he said out of woo few flats which are supposed to be locked didn’t given maintenance so find was not sufficed to pay light bill.
    As a individual I have already paid then additional 2rs/per sqr. feet again.however they still not resumed service yet . Creating alot of mental as well as physical harrasmenr.

    Builder is saying they he wil resume service only when all flat owners including closed one will give them additional maintenance.
    Individually I cannot pay other flat maintenance charges. Please advis what kind of action can be taken against builder.

    Even they degraded water supply (tanker). As no connection of water from municipal yet.

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  • ASHWINI CHAWLA says:

    CAN A RWA STOP ME FOR ATTENDING A a ANNUAL GENERAL MEETING IF I HAVE NOT PAID MY DUES FOR THE LAST 3 YEARS IN DELHI THE RWA IS SHANTI NIKETAN RESIDENTS ASSOCIATION NEW DELHI 110021

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  • surandar says:

    Dear sir

    I am living 4 block trilok puri delhi 110091 and house no 181 trilok puri delhi 110091 having Resident Welfare Association no 719/2013 but they are people not work still date and all ways help bad having character men who always drink in 4 block park and out side in front of homes and abusing or fighting with us and street walking peoples sir i am kindly request you to kindly cancel licence mr puran chand R/O 4/173&172 having licence no 719/2013.

    Thanking you

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  • Satish says:

    Hi, I am staying in 1 bhk falt and in my society there are other 3 buildings with 2 and 2.5 BHK falt. Scoiety is dividing services like Security, Electricity, water bill and housekeeping charges equally and repairs and maintance charges @ .75% of fixed maintenance amount. In this way I am paying Rs 5 per sqft and 2 and 2.5BHK are paying Rs 3.5 per sqft. which I feel is not fair for 1 Bhk members. The building in which I stay there are total 87 flats and 11 floor and in other 3 buildings 47 flats and 11 floor each. when I complain to them verbally they do not listen to me. I am going to write email to them today. In the mean time could you please advise is my society doing correct? if not, then what should be way they should apply to cal. maintenance for flats where flat size is different.

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  • Dear Sir
    We are the residents of Uppal Southend Sector 49, Sohna Road. Gurgaon 122018. The services provided by the colonizer are very very poor even then President RWA enhanced a maint. charges of Rs. 200/ pm/-.wef 1st Jan 2016. When residents protested and asked to take consent of the all residents by calling a meeting and for which he (President ) refused. Pl guide us what to do.

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  • kailash chand says:

    we have RWA at Jalandhar. the maintenance is not been paid by almost 50% residents becoz they are rightly protesting against the facilities not been provided by the builder as promised in black & white.
    The builder was collecting the money and providing basic facilities and finally stopped stating that all are not paying then why should he provide however almost 50% residents are paying
    request suggest further course of action

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  • sunil arora says:

    Dear sir
    I my society the committe members has formed without election so for that I protestd by not giving maintenance to the illegal committe members now they are charging 1.75 % interest is this legal

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  • sonia says:

    Hi I live in dwarka, I gave an application for elders playing cricket an football in front of our house. It is creating a lot of problem for us living here.. Every day these people are doing damage to our cars an windows.. Pls guide what shld we do as resident coz our RWA is not listening to us at all.. Neither they r providing us any solution to this problem..

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  • promod kumar says:

    if rwa president occupied illegally space and rent out ????

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  • radha madhavan says:

    I am resident of , Himvarsha Apartment ,Border Roads Group Housing Society, Plot No. 103,I.P Extension,Patparganj,Delhi-110092. my flat is located on second floor. due to water leakage in my flats pipe line ,my water tank remains empty. since 21st march 2016 ,i have complained about it many times to our housing society but so far nothing has been done.our society is not providing any sort of maintenance so i would like to lodge a complaint against my Group Housing society .please let me know procedure to lodge a complaint .

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  • Sanjat Kamal says:

    I live in Imperial estate society in Faridabad. We are facing monkey as well as dog menance but despite writing them many times no step were taken by RWA or maintenance agency. They even fail to acknowledge the mails sent to their official ID. Also there is seepage in parking lift malfunction erratic power supply, delay in restoration of incoming lines even when there is minor fault. What to do now?

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  • amit says:

    can RWA and agm pass a resolution to stop entry of resident into his house if he hasnt cleared some common expenses

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  • SANDEEP says:

    I HAVE SOME QUERIES. I AM A RESIDENT OF DDA FLATS, RWA IS PLANNED TO PUT STICKERS ON ALL THE VEHICLES OF THE RESIDENTS. IS IT COMPULSORY TO PUT STICKER ON VEHICLE. I FEEL I AM NOT SAFE IF I PUT STICKER ON MY VEHICLE AS IT CAN LEAD TO ANY THEFT, SECURITY OF MY FAMILY MEMBERS AS WELL AS FOLLOWED BY UN NON PERSON. CAN I OBJECT TO IT. I AM A REGULARLY PAYING MEMBER OF THE RWA MAINTENANCE FEES. WHERE I CAN COMPLAIN IF RWA IS FORCING ME TO PUT STICKER ON VEHICLE. SECONDLY THERE ARE LOT OF RESIDENT WHO DOES NOT PAY ANNUAL MAINTENANCE FREE AND NOT FOLLOWING THE RWA RULES. WHAT ACTION THE MEMBER CAN TAKE IN THIS CASE.PLEASE GUIDE..

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  • Seema Anand says:

    Hi Sir,

    We have RWA in C/8 Vasant Kunj. The president is doing totally dictatorship and not showing the accounts from last two years. We have no idea where the RWA funds are going? On asking she comes with 5-6 ladies and abuse the person who asks. Totally gundagardi and our dictatorship. If somebody dares to stand against her, she threatens him/her too. Pls give a legal opinion, as what can be done.

    Regards

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  • ROGER CLARKE says:

    R/Sir,
    I am a resident of Inderprastha Colony Sec-30/33 Faridabad.[Flat No.54GF B] There is an empty plot behind my flat, on which people keep throwing rubbish. It is a verry favourable ground for breeding of different insects. I stopped paying my maintenance charges in 2009. I also gave a written complaint to the RWA regarding this, and told them that i would only pay if they got the plot cleaned.They got it cleaned once and I payed my dues. After that for the past many years they have stopped getting the plot cleaned periodically and I am facing the problem of insects and worms entering my flat.

    This evening they came demanding full payment. They threaten to stop the water supply and plug the drainage system if I don`t pay all my dues. I requested them to get the plot cleaned and I will start paying, ofcourse not the previous balance as I and my family have been facing a lot of problems because of their incompotence.

    Please give a legal opinion, as what can be done.

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  • Vikas Tripathi says:

    Dear sir
    I had a LIG flat at mayur vihar phase 3 which is situated at road side and seprated from main road by grill and fences under DDA time Thats why i had given hefty payment to purchase that flat seeing commercial implications. There is also clinic serving for people operating from that flat. Initially there was self made gate infront of every house situated at main road side.
    Now the RWA had closed that gates and now they are making wall in front of house in place of grill which will totally block ventilation and houses cant be seen from road if wall is constructed. So please guide how the owners of houses situated on main road side approach so that matter can be solved. RWA is not listening and our house cost will be down and professional loss also
    Dr Vikas Tripathi

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  • R.P.Duggal says:

    Sir, ours is a residents welfare society ,the mc working unilaterally making a huge loss to society and residents without taking approval in the general body meeting .the 3 mc members takes any crucial and financial decisions calling the
    meeting of their sorters and never in the general body meeting, .They imposed heavy maintenance on the residents unilaterily in consultations with their these followers/supporters.They have made a loss of Rs. 10 to 15 lakhs to the society till date by taking these unlawfully decisions.
    Sir what should we do,and where we have to make a complaint to make recovery of loss made to the society which is not asmall amount.

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  • Simar says:

    Dear Sir,
    Please clarify if an apartment registered under Karnataka Apartment Owner Ship ACT (KAOA) fall under consumer protect ACT? If there is any deficiency of service can the Managing committee be taken to Consumer Court?

    I am given to understand that since Managing committee is doing volunteer service and are also owners they can’t be tried in consumer court.
    Please clarify.

    Than You.

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  • rahul mishra says:

    Hello,
    I want to know how to file complainst against RWA. They have got the accounts of two years approved in SAGM. Also, their tenure is over since May 2016 but are not calling for elections. Most of the expneses done by them are not as per bye laws. Also, they presented the accounts without audit report and did not submit audit report to residents.

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  • c.p.sharma says:

    i am resident of amraplai exotica sec 50 noida, here builder is doing maintenance till date from 2006 and we all are paying same price 3500/ either small flat or big or pent house. we have small flat. and we are paying our upto date maintenance and electric bill. Rwa here was formed in 2014 and they are just helping builder only. no work , no quality maintenance, lot of problem face by all common men. before one year one resolution was passed to collect 25000/ for exterior work and they have collected only 36 cheque out of 90. now they are threatning us to stop common service as DG SUPPLY, SECURITY, CLEANING ETC. pl pl advice where we can file complainant and how. can they empowered to stop the same as till date no takeover has taken place from builder.
    THANKS
    C.P.SHARMA

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  • Faisal Imam says:

    I am an owner of a shop in a residential building they have cut my water supply because i m not giving maitanence. There are many shops in this building but they dont have a washroom so they do not need water supply they are also not giving any maitanenece because we dnt get any maintanence we do our own maintanence. They neither call us for meeting they do everything without consulting us and all of a sudden they decided to cut our water supply

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  • Anonymous says:

    I am a member in Devinder Vihar society in Gurgaon. The RWA officials are very rude and arrogant and issue notices that are whimsical and not resident friendly. Recently for about last 6 months the MCB used for power backup has not been working and even after repeated complaints to the society office, no electrician fixed the problem instead they said…get it done from outside. So i got it done from outside. The electrician who i hired had fixed a higher amp MCB than prescribed by society and since I have only one member and not much electricity consumption got it done. I was out for a month and suddenly I get a call from the secretary saying that I have violated the society norms and took law in my hands by changing the MCB from lower to higher and I should pay a fine of Rs 5000/- and if I dont they are going to disconnect my power backup . I pay maintenance fees in full and they have stopped power backup and even visiting of the society electrician to my house. Now my point is why should I pay a fine when I am not using electricity to that tune. Also without prior information they took out the MCB and when I reached home found the MCB missing. I want to take legal action against the RWA since I pay fullmaintenance and I think that I am held in ransom by the society management who are nothing but goons.

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  • mayank kumar says:

    Dear Sir,

    I am facing water issues in my society. We have RWA & SLF .It is SLF that maintain water .RWA decided some time of water for various lanes. Now the water timings are from 4:00 PM to 8:00 PM and Due to me and my wife job.We were unable to fill water on weekdays. I drop many emails and discussion with RWA members but they are not resolving my problem. They are saying that it is my personal problem as no body else in my lane have both members working.

    Also RWA peoples are not cooperating me because my father multiple times asked for financial ledger of RWA and where they are spending this money.

    Some peoples also tried to deny paying money then they create multiples issues in there life also. Like stopping them on society gate by gate keepers and sometimes not letting them come in etc etc.

    Please let me know what best I can do in this matter. I am feeling helpless.

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  • Zammy Chopra says:

    Hi I am residing in a Society its been 4 days since we have no supply of electricity and are using DG since then even after multiple calls got answer that we are locating fault yet sir kindly guide what do do next how can i take action against such cheats as DG is costing 20-22 RS per unit.

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  • Zammy Chopra says:

    society is GPL eden Heights in Sector-70 Gurgaon Haryana

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  • Dharmender says:

    People are not following the prescribed guidelines and changing the internal structure of the building. Can you suggest where to complaint and whom to approach..

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  • Amit Mittal says:

    Hi
    I am a resident of Silver Arch Resident Welfare Society. I own a flat in the said society & living here for past 4 years. In Year 2014, our society got RWA registration and a governing body was formed. However, it was not very active and some members stepped down, without the knowledge of other members/ residents. The RWA has not submitted their Financial audited report for past 2 years. We have no idea who are the members of the governing body. Except that 3 persons (General Secretary, Secretary & Treasurer).
    Recently we found out they have been using the society collected fund for gifting and other purposes, that are not in favour or residents. The above 3 members are not consulting anyone and taking all the decisions and there is no General meeting held for past 2 years. We are not even aware of who the president & other members of the society are. We asked them many times but he never responds back. Also, they say that the society will continue to work until the end of March 2017. After that new society can be formed. However, we are worried that by that time, they will consume all the funds available in society account. Please let us know, how we can take up the matter with them and dissolve the existing governing body?

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  • Neil Gill says:

    Hi sir
    I am resident and owner of house in valley view estate gurgaon .I am paying maintenance regularly and never a defaulter but some time ago RWA has drastically increased maintenance charges and started taking common area electrity charges separate than maintaince and even refused to do any inside job like plumber electrician and sweeper used to do as they say that maintenance doesn’t include any job inside will you pl.let me know what all comes under maintenance .

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  • Satya Chakrapani says:

    I am a tenant in a CGHS Ltd in Dwarka. Residing for past 8years. My owner is very good person but the society does not provide services on time and rather want that we should pay the maintenance on time. For past 7 years, the window glasses in the corridors are broken and have not been replaced. In all these years only this time I did not give any maintenance fee for the quarter. Now they say that for any thing missing, tenant cannot say or complain. No matter if the maintenance is done or not,
    We have to pay. Now they say in a written letter that they will cut our electricity and water supply if we don’t pay. But I don’t want to pay if I am not receiving the services.

    Can you tell us what steps should we take?

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  • Harish says:

    I am a resident of a society in Gurgaon.

    The builder was providing services for maintenance. Besides some of the residents formed a RWA and started collecting subscription.This was apparently to be used for many services not included in maintenance and for disputes settlement with builder.This was demanded by a separate invoice other than maintenance from Builder. Maintenance was to be settled separately to builder. Whereas Subscription to RWA separately. Many chose not to pay subscription ( presuming it is optional )

    Recently the builder gave up the maintenance control to RWA though legal transfer details are sketchy. The RWA used this advantage to not only collect the maintenance but also subscription.The invoice was thus combined of maintenance and Subscription. Thereafter the RWA changed the rule in AGM to have differential maintenance rates for subscribers ( lower ) and non subscribers ( 50 % higher ). Many who resisted subscription gave in to the coercive method. Some continue to not be subscribers to RWA.

    Questions :

    Is RWA subscription charge admissible and is it mandatory ?
    Can differential rates of maintenance be charged ? In both cases – Subscription mandatory and not
    If Maintenance ( normal ) is paid but not subscription , can any of the maintenance/ services be stopped ?
    Action Steps and legal recourse

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  • Seember says:

    Hye. I am a shopkeeper in Kamla Nagar, RWA asks us for money every month, are we entitled to do that??
    If i refuse to do so. They harass us. Please help.

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  • sangeeta singh says:

    If RWA doesn’t give me facilities intentionally.Though they are giving proper facilities to other members.what should I do

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  • N tikoo says:

    C5D janakpuri New Delhi 58 we do not have any elections in our block, rwa is just minting money not working properly and not allowing elections… Security is at risk so many thefts happening…Some people gathered and closed gates which were just open for easy of people but security was at Bay, still open gates are threat to security…No cleanliness in area..Parks not meant to play made them ornamental parks…No community centre or park where we can organize marriages.
    Thanks

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  • I live in Mahima Panorama society Jaipur. The maintenance is done by builder owned maintenance subsidiary along with RWA. I had given a written complaint on several issues on 28 March 2017 despite several reminders some issues r still pending. Now even common lights in staircases is not provided by them. I had complained in writing but seems nothing doing. I had never defaulted on maintenance charges ever.

    Secondly our RWA doesn’t communicate anything with the residents such as letter on formation of new Committee n details of their office bearers and submission in Registrar of Societies office, what should be done in such a case?

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  • Deepak Agarwal says:

    Dear Sir, I, Deepak Agarwal, resident of Mitradweep Society in Patparganj would like to address my concern regarding the RWA who is not providing us the parking for car since the Vehicle RC belongs to some other address.

    This is harassment by RWA President and we would like to complaint against them. Please guide us the correct route.

    We await for your response.

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  • Niharika says:

    Sir i am a resident of maya enclave , hari nagar..here the r.w.a is not taking any action for any of our needs. We have been paying so much amount to r.w.a for maintenance and still they are just sitting in thier offices with air conditioned cabins and not even bothered about the society. Please reply me what should i do.
    And whom should i complaint to
    Waiting for your response

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  • Harsh says:

    Hi i brought 2bhk apartment in Greater faridabad and rwa not doing there work properly not maintain the power supply frequently and society gose on dg everyday about 20 hours and when we talk about this they say we don’t have money to maintain power line and other problems too they close one exit by the name of security too what we do and how we go legally for this.

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  • Harsh says:

    One more concerned about rwa mentinence they don’t provide electrician and plumber for inside house job like some light fixture and tap or other fitting my rwa says we don’t provide you these fecelities in side house so what we do.

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  • Rahul Agarwal says:

    Sector 19 block a noida park close to little scholar school cannot be used by small kids as a group of 25 teenagers play football in the evening . 3-4 year kids are everyday hit by the football that leaves the parent with only option to keep the kids at home which is not correct .. RWA is not able to help . Please provide rules to our residents so that the park is safe to be used by kids. Looking for a solution. Thanks

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  • Mrs.ramakanth says:

    Dear Sir,

    Residential association by name TulasiNagar Welfare Association is not doing and there are no elections from past 5 yeaars and the so called president is eating all the funds and not working for development of the society… but he is called as president and wants to lead the colony… not even aware who is members of the society and where the office is located… wants to file a complaint against him pls suggest to proceed.

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  • Shailendra Mishra says:

    Sir
    Our rwa does meetings without any agenda and take big financial decisions also without taking consent of residents in writing.they pass all the resolutions as per their interest by only approving it in their governing body and throw the financial burden on the residents.
    They threaten to disconnect electricity water facilities on non payment of their unjustified demands.
    What is the solution sir.
    We are really fade up and frightened.
    Thanks.

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  • R says:

    Our maintenance manager was beaten in office by two residents.The incident is recorded in CCTV. If AOA officials do not make complaint to police can a resident file complaint to police for this incident.
    Video of incident is on group of Rakesh Sharmaresidents

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  • mukund dhote says:

    Dear Sir, I am member of RWA of Gropu Hosuign Complex, RWA have undertaken all obligation of Builder prior to Completion Certificate as on 01/04/2017, imposing obligatory cost of Builder on residence prior to obtained completion certificate. Is that mandatory to pay the cost of obligation of builder to RWA or is that not unfair trade practice of RWA performing Builder responsibility and passing it Residence or member of Allotte? When some member hesitate and protested to pay that can RWA disconnect the Electricity or restrict the entry of residence in the Complex by way of Security or Bouncer? how to tackle RWA legally ? when RWA have collusive understanding while taking handover. Please advice

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  • muthupillai ramupillai says:

    dear sir
    Good evening.I am a having a flat in lotus pond , Vijayshanthi Apartment, Kelambakkam, Chennai, Tamilnadu. I have paid the maintenance charge fixed by the Resident welfare association upto september 2017. The association does not formed any committee ( executive committee and so on) and use the common fund as they wish without consulting or getting permission from General body.when questioned no answer was given by the managing committee i.e office bearers. the office bearers spent lakhs of rupees as they please without getting proper sanction. they also spent money for private legal case lodged against the builder from the maintenance amount. they also filed a civil case against the flat owners who are questioning their improper expenditures and threatened them. The District registrar for socities is not recognising their committee as they have received so many complaint against the association. I request instruction to proceed further in this case

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  • Advocateji says:

    Dear Pillai, You are advised to get in touch with any local legal expert for proper action.

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  • VISHAL JAIN says:

    Sir, is it worth forming a RWA in a CGHS where MC is already in existence & do RWA have any powers/rights to intervene in MC’s working/orders

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  • Advocateji says:

    Dear Vishal Jain, RWA in a CGHS of Delhi, will have to be under the MC of CGHS only.

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  • D. K Mahajan says:

    sir, i have given the written application to the society for doing emergency
    maintainence but the society has neither replied nor got repaired. what should i do. D.k.Mahajan

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  • Advocateji says:

    Dear DKM, You are advised to get in touch with any or our legal expert to compel the society by legal methods.

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