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• The Registrar General of Firms and Societies, Haryana, has ruled that RWAs cannot stop essential services such as water, electricity, lifts, sanitation and security to recover maintenance dues.
• The order was issued while deciding a dispute in a Gurugram housing society and is expected to impact residential communities across the state.
• Authorities clarified that RWAs must use legal mechanisms to recover outstanding payments instead of restricting basic amenities.
• The ruling strengthens recent regulatory efforts in Haryana aimed at preventing coercive recovery practices in housing societies.
• The decision provides greater clarity on the rights of residents and the responsibilities of Resident Welfare Associations.
Residents of housing societies in Haryana have received an important clarification on their rights after the Registrar General of Firms and Societies ruled that Resident Welfare Associations (RWAs) cannot deny or restrict essential services to recover pending maintenance charges or other dues.
The order was passed while resolving a dispute involving a residential society in Gurugram. The authority made it clear that access to basic amenities cannot be linked to payment disputes and that RWAs are obligated to continue providing essential services to all residents, irrespective of any outstanding maintenance amounts.
According to the ruling, services such as water supply, electricity, sanitation, lift operations, security arrangements and other essential common facilities must remain uninterrupted. The Registrar General observed that these services are necessary for residents' daily living and cannot be used as a means to pressure homeowners or occupants into making payments.
The authority further stated that if an RWA has a legitimate claim regarding unpaid maintenance charges, it must pursue recovery through the legal remedies available under the applicable laws, society bylaws and dispute resolution mechanisms. Restricting essential services for the purpose of recovering dues was found to be beyond the powers of resident welfare associations.
The decision is significant for thousands of apartment owners and residents living in gated communities across Haryana, where disputes over maintenance payments have become increasingly common in recent years. In many cases, residents have complained about threats of service disruptions or restrictions on the use of common facilities when disagreements arise over maintenance bills, penalties or other charges.
The latest order also aligns with the state's broader regulatory approach towards protecting residents from coercive recovery practices. Earlier this year, the Haryana Electricity Regulatory Commission held that electricity supply in housing societies cannot be disconnected for non-payment of maintenance charges or any dues unrelated to electricity consumption. The commission had observed that such actions amounted to unfair pressure tactics and were not permissible under the law.
Industry observers believe the latest clarification further strengthens the principle that basic services and utilities cannot be treated as recovery tools. The ruling draws a clear distinction between a resident's obligation to pay valid maintenance charges and an association's responsibility to ensure uninterrupted access to essential amenities.
The order is also expected to serve as a guiding precedent for similar disputes across Haryana. Housing societies frequently face disagreements over maintenance collections, special levies, penalties and service charges, particularly in large residential developments. The clarification provides a framework for resolving such issues through legal and administrative channels rather than through restrictions on day-to-day services.
With the number of organised residential communities growing rapidly across Gurugram, Faridabad and other urban centres in Haryana, the decision is likely to influence how RWAs approach dues recovery and resident disputes going forward.
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