Occupants of Apartments are bound to pay the monthly subscriptions
Tis Hazari civil court in Delhi directed a resident of AP-Block, Maurya Enclave in Pitampura, to pay Rs.3,900 to the AP-Block RWA. Observing that the RWA would not be able to discharge its welfare activities if occupants stopped paying the monthly subscription, the judge said that the defendant had not produced any evidence to prove that the RWA was not carrying out the welfare activities that the RWA had enumerated in its suit.
Tis Hazari civil court in Delhi has ruled that occupants of apartments are bound to pay the monthly subscriptions charged by the residents’ welfare associations that go towards maintenance of facilities and associated payment of wages for workers involved in providing maintenance support and security for residents. The judge also ordered the resident to pay 10 per cent interest on the amount from the date of institution of the suit in October 2006, beside the cost incurred by the RWA in fighting the suit.
Additional Senior Civil Judge Gautam Manan in his order directed a resident of AP-Block, Maurya Enclave in Pitampura, to pay Rs.3,900 to the AP-Block RWA which had filed a civil suit complaining that the resident had not been paying the monthly subscription of Rs.40 per month from July 2003, which was subsequently raised to Rs.50 per month from October 2004. The counsel for defendant submitted that he was not a member of the plaintiff association and as such he was not bound by the rules and regulations of the association nor was he liable to pay the monthly subscription as demanded by the plaintiff association.
On this, Mr. Manan observed: “I am of the considered opinion that the plaintiff is a welfare association working for the welfare of its flat owners/occupiers and for extending service to the occupiers for that the plaintiff association is charging a monthly subscription. It is not the case of the defendant that he is not residing in the Block and he is not occupying the flat”
The memorandum of association of the RWA which was filed in court also showed that the members of the RWA would mean both “flat owners and occupants of the flat”.
The RWA in its petition told the court that it was carrying out welfare activities such as watch and ward, cleaning activities in the block, maintenance of the parks, besides providing the services of a 24-hour chowkidar, a part-time sweeper, electrician and a plumber to its occupants’ and members including the defendant.
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