Gurgaon: Resident welfare associations (RWAs) cannot stop essential services such as garbage collection or digital access systems to recover unpaid maintenance dues, Haryana’s registrar-general of societies has ruled. It has also made it clear that maintenance charges must be fixed according to the size of houses, and cannot be imposed uniformly across flats and villas.The June 16 order was in response to a dispute between residents and the N Block RWA of Mayfield Gardens, ending a legal battle that had stretched for nearly nine months and travelled through multiple administrative forums.On Sept 27 last year, a general body meeting convened by the RWA decided on revising quarterly maintenance charges to Rs 5,000 for all houses — from 2BHK flats to villas — and approved a string of punitive action against defaulters.These included suspension of garbage collection, deactivation of Park+ access tags, denial of MyGate notifications, withdrawal of plumber and electrician services, refusal to attend complaints, and a steep penalty of 1% a day on unpaid dues.A group of residents challenged the resolution soon after, arguing that the move was arbitrary and unlawful. Their core argument was that houses of different sizes cannot be billed equally, and no residents’ body has the power to choke essential civic services to recover money.They also questioned how the GBM itself was conducted, claiming that no prior intimation was given to them.Under Haryana Registration and Regulation of Societies (HRRS) Act, 2012, a 14-day notice is mandatory before such meetings. But residents alleged that the notice was circulated only on a WhatsApp group barely a day in advance, despite the society having a much wider membership base.The RWA defended its stand, saying the appellants attended the meeting and raised no objections then. It also claimed that the matter had already been examined by both the district registrar and state registrar, who had upheld the resolution. The RWA further alleged that some of the challengers were election losers and maintenance defaulters.But the registrar-general, Yash Garg, took a different view.After examining the records and relevant provisions of the HRRS Act and Rules, Garg held that services linked to sanitation, hygiene and public health cannot be withheld merely through a society resolution.The order said any attempt to stop such services as a recovery mechanism would be “arbitrary, unreasonable, against public policy” and beyond the administrative powers of an RWA.On the issue of maintenance, the registrar-general referred to Rule 33 of HRRS Rules, 2012, which requires charges to be determined on the basis of dwelling size.“The quarterly RWA maintenance charges having been fixed uniformly for all categories of dwelling units… is arbitrary and contrary to Rule 33,” the order noted.The registrar-general set aside earlier orders of the district and state registrars and quashed the Sept 27 resolution concerning coercive measure against residents and imposed uniform maintenance charges.“The order makes it clear that coercive measures cannot be used for recovery and essential services cannot be stopped over defaults of maintenance fee,” said appellant Sanjay Gupta.Gupta said residents had to approach Punjab and Haryana high court twice for timely disposal. “Relief has come, but only after repeated intervention,” he added.The RWA, however, maintained that the registrar-general’s order does not quash the entire GBM, but only asks for reconsideration of certain decisions. An RWA official said the association was studying the order and may seek legal clarification, if needed, arguing that the ruling relied on provisions meant for apartment complexes, whereas Mayfield Gardens is a plotted colony.The RWA said the quarterly maintenance charge of Rs 5,000 — around Rs 1,667 a month — was approved by a majority of residents and was being used to fund services such as security, visitor management, housekeeping, horticulture, water supply operations and upkeep of common areas.“Several civic services are either not fully taken over by MCG or are being supplemented by the RWA to maintain standards expected by residents,” the official said.
