Irregular dictate to club/disconnect Electricity with CAM etc

M/s Pashchimanchal Vidut Vitran Nigam Limited (PVVNL)

 
Dear Sir,
We are owners/residents at the Condominium ATS Greens Village situated at Plot No. 01, Sector 93-A, Noida - 201304 
We wish to bring to your notice as well as immediate action with regar___d to irregular/illegal step proposed to be taken by the  ATS Village AOA (Association), which has just taken over the maintenance of Complex beginning today from the Builder/Promoter of our complex M/s ATS Infrastructure Limited (ATSIL) Some facts are narrated below for better understanding of the issues :
 
1) This complex is habited now since year 2006.
 
2) The project was promoted and developed by ATSIL, which was also maintaining the complex through its maintenance agency M/s ATS Maintenance Services Pvt Ltd.
 
3) The Complex has a single point electricity connection.
 
3) In accordance to the law and practice the owners were being billed the CAM/MMC Charges and Electricity charges separately till now.
 
4) The Electricity charges being an independent head and as envisaged under the Electricity Act 2003 cannot be clubbed with any maintenance charges etc and accordingly the same was being paid/charged separately through a pre-paid metres installed for the owners/residents (end consumers)
 
5) Yesterday, i.e. on 30th June, 2020 suddenly many of us were informed through mail sent on behalf of Apartment Owners Association that beginning today the maintenance will be looked after by them and not the builder. ( Copy of mail enclosed )
 
6) Astonishingly, the mail dt. 30-6-2020 sent in name of ATS Village AOA mentions as under :
 
" a) all charges payable by residents to ATS Village AOA, including but not limited to monthly maintenance, sinking fund, water charges, electricity charges, common area electricity, to be paid to the designated account for each apartment, namely "recharge account"
 
b) the electricity for such resident who is in default, maybe disconnected automatically if outstanding charges fall below the pre-decided negative threshold "
 
7) Thus, it is apparently clear from day one of taking maintenance in hand by the association they are trying to enforce and make their own rules/law in direct contravention to the law of the land particularly the Electricity Act as well as the Guidelines issued by Hon'ble UPERC.
 
8) Despite being made aware that such actions and "dictates" in the name of Association is in direct contravention to the law of land they cite passing of some resolution in some meeting on Zoom calling it a GBM probably attended virtually by some 30 odd residents out of 736 stakeholders.
 
9) It is well understand that nobody can pass resolution contrary to the law of the land and any such move against the law of land is void ab initio.
 
10 ) However, using their current "Dominant position" and having scant respect for the law of land they may enforce such irregular/illegal rules and harass the owners/residents.
 
11) It is a known fact that right to Electricity is a fundamental right and the electricity cannot be disconnected for recovery of other changes as maintenance cannot be clubbed with electricity charges as envisaged under the Act as well as the Guidelines issued.
 
We request you as our main service provider for Electricity through this notice to kindly intervene and instruct/advice them to desist from actions which are contrary to the law of the land.
 
We are also marking a copy of this letter/petition to respected Commissioner of Police, G.B. Nagar bringing to his knowledge about such irregular/illegal actions proposed with a request to take preventive action against such irregular/illegal dictate in the name of association so as to prevent any law and order situation which may arise because of this irregular/illegal dictate proposed.
 
Regards

Owners/ Residents At ATS Greens Village    Contact the author of the petition

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