RWA Update on Actions 24-Feb-2015

• Connecting with the last communique dated the 13th instant, it may be stated that the draft of the objections to be filed against the action of Municipal Corporation Gurgaon to levy house tax,  has been prepared by the Gurgaon Citizens  Council. They have been following up the case for the last few years, starting with a writ in the High Court, an appeal against its dismissal in the Supreme Court, and again presently in the High Court, where the next date of hearing is in May 2015. The RWA have also been in discussion with them in the matter.  It is felt that we may also adopt the said draft, with necessary changes.  A copy of the draft can be obtained from the office of RWA.

• Regarding maintenance case before the State Consumer Court, the Advocate was able to procure the complete paper book of the case during the proceedings on 20.2.2015. The Hon. Judge has fixed the next date on 30.7.2015 for hearing the matter with liberty to RWA to file its reply in the meantime.

• In the Arbitration case involving Shri Nihal S. Mandhotra, the next date has been fixed on 13.3.2015, for filing of rejoinder by the RWA, to the reply of the claimants to RWA's application u/s.16 of the Act and  for hearing of arguments. The counsel for the claimant informed the Arbitrator that they are not going to file any reply to RWA's application u/s 12 and 13.  The RWA’s Advocate will also be dealing with the case of Shri Sunil Kumar  before the Arbitrator on that date.

• The last date in the court of the Hon. District Consumer Forum was 15th February, 2015. It was a Sunday. Hence, the case has been re-scheduled for the 21st May 2015, for further proceedings. Not much outcome is expected on that date, since the proceedings of  the superior Court of the State Forum will be known only after the 30th  July 2015.

• This brings us to the moot question of maintenance services. The pendency of the court cases seriously affects the mode of payment of maintenance charges. At present, this is being handled through the Escrow Account. Unfortunately, our resident community is not happy with this arrangement, because it is entailing late-fee charges on a monthly basis, in addition to the problems being created at the lower level in the Ardee Management. So much so that quite a few residents have started demanding back the payment already deposited by them in the Escrow Account, citing one reason or the other, without realizing that this action weakens the stand of the RWA, which was taken with the consent of the collegium representing the entire colony. It may be appreciated that the Governing Body is nothing but an executing tool of the RWA. The Governing Body would be grateful for fresh input.  

• I am grateful to those members, who have stood with Governing Body and have been paying without a grudge into the Escrow Account, the monthly maintenance charges bills.  Even if we have, for any reason, to discontinue the Escrow Account, it will not only be  with great pain and regret but also  with utmost gratefulness to those who have stood by us.         RWA: MM Arora: 9818779796.