Civil suit can be filed over non-payment of dues to RWA

If in a 28-owner building with an unregistered association, two-thirds of owners are not paying monthly maintenance but either they or their tenants are staying in their flats enjoying all facilities, what is the action the association can take?

Again in the 28-member unregistered association, if out of 28 owners four-fifths of owners are not giving consent for redevelopment/ reconstruction — though the executive committee members have taken the initiative for redevelopment/reconstruction as the building is 40 years old, and the overhead tanks, sunshades, sewerage chambers/pipelines are in very very bad shape — what action can the association take?

Awaiting your kind advice

— VS Narayanaswamy, Motilal Street, Chennai

Your plight is most unfortunate. However, it was wrong for you not to have registered the Residents Welfare Association under the Tamil Nadu Apartment Act and the Societies Registration Act. As for the maintenance not being paid, you can file a civil suit in a representative capacity. Regarding the other query on carrying out redevelopment/reconstruction works, you will not be able to proceed with it without all stakeholders agreeing to go for it.

Consumer court can order refund, compensation for mental agony

I paid 40,000 to a travel agent to visit Kasi to do puja for our ancestors. Up to the last minute of departure, he could not arrange confirmed berths for us both. As senior citizens, we were not in a position to travel such a long distance to Kasi from Chennai without confirmed berths. Hence, we requested him to cancel the tickets and refund the money. However, he is refusing to do the same and is trying to cheat us. Please let us know if we can file a case against him with the police on cheating charges.

— TN Parthasarathy, (via mail)

You can file a petition before the consumer court claiming compensation for deficiency in their services. The consumer court can not only order a refund of the amount swindled from you but also order a higher compensation for the mental agony caused to you.