Noida: A day after the developer and maintenance agency AK Services and Facilities suspended doorstep online deliveries at Ajnara Homes in Greater Noida West over unpaid dues, TOI has found that the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010, empowers only the general body of a designated Association of Apartment Owners (AOA) to curtail essential services, that too after prior intimation and a majority resolution.The Act clarifies that neither a builder nor its agency has the power to suspend water supply, prepaid power meters or garbage collection as leverage in financial disputes. The law, however, does not specifically mention food deliveries or domestic help.“According to Section 22 of the Act, only the general body of the designated AOA has the authority to disconnect or curtail essential supplies/services, subject to prior intimation and a resolution passed by a general body meeting (GBM) by majority vote. Hence, it is illegal for a builder or their maintenance agency to arbitrarily stop deliveries, waste collection, the supply of electricity and water, or other essential services,” advocate Aditya Bhati, who practices at GB Nagar district court, told TOI.Ajnara Homes has no designated AOA because the project was still under the National Company Law Tribunal (NCLT).ACEO Saumya Srivastava of the Greater Noida Industrial Development Authority (GNIDA) told TOI that in case of disputes, the district authority can intervene to resolve the matter. The CEO of the development authorities in Noida and Greater Noida, and GDA in case of Ghaziabad, is considered a competent authority under Rule 2(c) and Section 14/22 of the UP Apartment Act, who can call a builder-buyer meeting and intervene to resolve the issue. He clarified that the responsibility for essential services and maintenance would continue to lie with the builder or the AOA.Not just the Apartment Act, there are safeguards under the UP Real Estate (Regulation and Development) Act (RERA) too. Section 11(4)(d) of the RERA Act requires a builder to provide essential services at reasonable cost until maintenance is handed over to the residents’ association.In May, the Paschimanchal Vidyut Vitran Nigam Ltd (PVVNL) also declared it illegal to disconnect electricity or deduct maintenance dues from prepaid meters under the UPERC Supply Code. The utility said power can be cut only for unpaid electricity consumption and builders must use separate banking mechanisms to settle maintenance disputes.
Ajnara Homes has no designated AOA because the project was still under the National Company Law Tribunal
At Ajnara Homes, a protest erupted on Sunday as the builder’s agency allegedly blocked the entry of delivery personnel and domestic help, leaving residents scrambling for essentials and everyday support. Residents said delivery personnel from Amazon, Blinkit and Flipkart were turned away, forcing people to collect groceries and medicines at the main gate. The builder had allegedly withheld the services as leverage after residents had withheld maintenance fees for four months over poor structural upkeep, falling plaster and neglected basements. Residents had said they would only resume payments only if amenities were made available. In Sept, the society went four days without door-to-door garbage collection until GNIDA officials intervened.The 15-tower complex is home to 2,600 flats and around 10,000 residents.Noida HighRise Federation (NHRF) president Nikhil Singhal said maintenance disputes must be resolved lawfully and not by holding residents to ransom, adding that residents’ dignity, safety and basic rights must be protected.Rajiva Singh, founder of Noida Federation of Apartment Owners Association (NOFAA), said state consumer forums have consistently ruled that no agency can suspend structural necessities such as water, elevators, basic security and trash disposal to settle civil disputes over non-payment.But over the years, several highrises have faced similar arbitrary actions by builders and their appointed management agencies over dues and disputes. In Sept, residents of Cleo County in Sector 121 protested a 40% rise in common area maintenance (CAM) charges applied retrospectively from April. In Jan, residents of RG Residency in Sector 120 complained to the district magistrate after the estate management deducted maintenance fees from prepaid electricity meters despite the general body voting down the proposal. In June, residents of Supertech Ecovillage 1 and JKG Palm Court in Greater Noida West held protests over alleged cuts to power and water supply when they questioned fee increases.NOFAA president Puneet Sharma said in many societies, like Sikka, County Group, and Antriksh, residents have complained of a steep rise in CAM charges despite poor upkeep by the builder-appointed agencies.“We have always advocated that GNIDA and Noida Authority act proactively, not reactively, when builders violate the provisions of the UP Apartment Act,” Rajiva Singh said.Association’s secretary general Surojit Dasgupta said residents can approach Noida Authority, the competent authority under the Act, and submit written complaints seeking intervention. “We have urged the Authority to intervene promptly, enforce accountability and safeguard the rights and dignity of apartment owners,” he said.Rajendra Kumaria, estate manager of AK Services and Facilities at Ajnara Homes, told TOI that no essential services were stopped on Sunday.“The issue was escalated by some residents who are trying to force other residents to stop paying monthly maintenance dues. About 7 days back, a meeting was held with the police, where it was decided that residents would resume paying maintenance dues for the smooth functioning of the society. But it has not happened yet. We cannot run the society if there is a funds crunch,” said Kumaria.On the allegations of poor facilities, falling plaster, sanitation issues and frequent lift malfunctions, Kumaria said there was no truth to them. “Lifts are under AMC (annual maintenance contract), for which we are paying. In case of an equipment shortage or malfunction, we cannot intervene in it. We have to wait for the lift operating agency to address the issue. The rest of the maintenance is smooth in the society,” Kumaria said.
