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Judgment
On 13th September, 2017 I have directed the petitioners
to deposit the shortfall, if any, to be indicated by the association without
prejudice to their rights and contention within one week from the date of demand
and shall continue to pay the entire amount demanded by the association
towards maintenance and electricity charges till the association is formed by the
Special Officer. It appears that the dispute relates to period between 1.4.2014 till
31.3.2017. The association claims that a sum of Rs.6,31,243/- and a sum
towards electricity of Rs.2,92,941/- are the shortfalls by the petitioner no. 1 and
petitioner no. 2 respectively for the period, as aforestated. The said amount
includes maintenance charges as well. The dispute is with regard to the amount
required to be paid by the petitioners towards electricity and maintenance
charges for the area under occupation.
The bills produced by the association shows that the consumption
pattern of electricity by the petitioners are on the higher side. However, the
dispute is with regard to rates to be paid for the electricity charges based on the
sub meter reading. The association said that Rs.3.50 per sq. ft. is the charge
levied by the association for the maintenance and Rs.10.95 per unit towards
electricity charges. The association says that save and except the petitioners all
the other occupants of the residence are paying the said amount. This is for the
Special Officer to see from the records as to whether all the other occupiers of the
association are paying at the said rates or not. However, considering the fact that
the petitioners would be liable for the maintenance and electricity charges for the
time being the petitioners shall deposit a sum of Rs. 6 lac i.e. Rs.3 lacs each,
instead of Rs.3.50 lacs, as earlier directed without prejudice to their rights and
contentions within ten days from date. The order dated 13.09.2017 is modified to
the aforesaid extent. However, the petitioners shall continue to pay the current
maintenance and electricity charges in full till the association is formed by the
Special Officer failing which the default clause in the order dated 13th September,
2017 shall revive. In the event it is found that the petitioners are overcharged the
persons presently in charge of the association, shall be personally liable to refund
the excess amount together with interest @12% per annum. The cheque for a
sum of Rs.3.50 lacs shall be returned to the petitioners within a week from date.
The impugned notice stands set-aside subject to payment of the
aforesaid sum.
This application accordingly stands disposed of.
Since no affidavits are called for, the allegations made in the petition
are deemed to have been denied.