RWA Update on Actions 13-Feb-2015

• The subject matter of maintenance charges is being dealt with at three different  forums (I) District Consumer Forum, (ii) the State Consumer Forum and (iii) the Arbitration Tribunal. Different dates of hearing have been fixed at all the three forums.  These are being defended with legal help.

• In addition, the resignation of Shri Romesh Kumar Gupta, is another matter of litigation at the level of District Registrar of Firms & Societies, who has referred the matter to the State Registrar of Societies & Firms at Chandigarh, where the last (second)  appearance was on the 11th February 2015. The decision of the State Registrar is awaited. 

• The residents have now started receiving notices for payment of House Tax from the GurgaonMunicipal Corporation @ Rs.300/- per annum (approx.) along with past arrears and penal interest @ 18%.  All along, the stand had been that two payments, i.e. maintenance charges to the builder and the house tax to the Municipal Corporation, for the same services, viz. Maintenance/Municipal services, do not appear to be logical.  But the view taken by the P&H High Court in their order dated 1.7.2010, reading “Merely because certain maintenance charges are being paid to colonizers which is subject-matter to a dispute, cannot be a ground to quash notice inviting objections against proposal to impose house-tax comes in the way. This order of the Hon. High Court was appealed against in the Supreme Court.  They did not admit, but directed the parties to go to the High Court again, if they so want.  Accordingly, the matter is again with the Hon. P&H High Court. It seems that in the absence of any stay order, the Municipal Corporation is going ahead in its own way. The next date of hearing in the latter court is perhaps in May 2015, but it needs to be confirmed. We are also trying to ascertain the latest legal position in the matter. 

• It is suggested for consideration of the residents that on the one hand,   we may once again reiterate our objections on the lines of the last occasion, and on the other, we may pay a nominal amount covering about 5 past years @ Rs.300/- p.a., marking the letter as” MATTER SUBJUDICE – PAYMENT UNDER PROTEST:WITHOUT PREJUDICE” . In this letter, we can also mention that the matter relating to provision of Municipal services in Ardee City, Sector 52, Gurgaon is already a subject-matter under consideration in courts at a) District Consumer Forum, (b) State Consumer Forum, and lastly (c) the Arbitration Tribunal.  Thirdly, we may endorse a copy of our letter to the Ardee Management, stating that in the face of the Government demand, the payment will have to be made to them for Municipal (sanitation, water supply, electricity, etc.) services. As such the residents will not be paying for the same services to the Management.  I think, in order to keep ourselves stress-free , this payment of Rs.300/- per annum may be made , and  at the same time continue exercising our legal options  through proper forum, i.e. either at RWA level or the Gurgaon Citizens Council or both.

Best wishes and regards: M.M. Arora: 9818779796.