New Delhi: Owners or occupants of a house are bound to pay the membership fee to the Residents Welfare Association (RWA) of the colony to fund its various welfare activities and services, a Delhi court has said.
"Being an occupier of flat, the person is bound by the terms and conditions of the RWA and he is also bound to pay the monthly subscription as he is being benefited by the welfare activities which are carried out by the association," Additional Senior Civil Judge Gautam Manan said.
The court gave this judgement in an over six-year-old dispute, asking S S Rana, a resident of Maurya Enclave at Pitampura in North West Delhi, to pay Rs 3,900 with interest to his RWA, calculated at the rate of Rs 50 per month.
The RWA had filed a suit against Rana contending that as per its rules, it is mandatory on his part to be member of the...association and pay the monthly subscription as it is carrying out welfare activities such as cleanliness of block and park and is also providing watchmen, sweeper, electrician and plumber service to its occupants members including Rana.
This was refuted by Rana saying he is neither a member of the RWA nor bound by its rules and regulations.
The court after hearing both the sides ruled in favour of the RWA and said if the owners and occupants of houses will not pay the fee, it will be impossible for the RWA to carry on with welfare activities and services.
"I am of the considered opinion that the RWA is working for the welfare of its flat owners and occupiers and for extending service to the occupiers it is charging a monthly fee...These activities cannot be carried out if the occupiers stop paying the association their monthly subscription," the judge said....
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First of all this kind of a case should not have gone to court. The residents should understand that RWA is created by the residents themselves and it is supposed to carryout the works for the welfare of the residents only. The residents should realise their duties and should not waste time of the Courts with such petty issues which are already overworked.I hope the public in general understands this and avoids this kind of situation in future.
ReplyDeleteI thank the honorable court for giving this landmark judgement.
Regards
Virender Mohan Kapur
General Secretary
C-BLOCK EWS RESIDENTS WELFARE ASSOCIATION
SECTOR-5, ROHINI, DELHI.
This decision of the Hon’ble court will help the residents, in general, to understand that avoiding RWA fees is not an appreciable act. Residents in general should understand that RWA is organizing various activities for the benefit of the residents only. The residents should come forward & participate in various activities being organized by the RWA. RWA officials, beside their other personal responsibilities, spent their time, money & caliber for the benefit of the residents. Their efforts should be respected. Timely payment of monthly maintenance charges can contribute immense help to the RWA for conducting its activities.
ReplyDeleteI would take this opportunity of thanking the Hon’ble court for this landmark decision. Last but not least, I would thank the RWA who took the matter to court and given the opportunity to mass of the residents to become good pay masters & start co operating RWA.
Regards,
M.K.Pandey
General secretary
Punjabi Bagh Enclave Awas Vikas Samiti
DDA MIG Flats, Madipur
New Delhi-110063