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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