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RWA Watch: Can a builder-appointed maintenance agency restrict food deliveries and visitors over unpaid maintenance dues?
Greater Noida West residents protested after a builder-appointed maintenance agency allegedly restricted deliveries and visitors over unpaid dues
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A large group of residents of Ajnara Homes in Greater Noida West gathered outside the society on October 25 to protest against the builder-appointed maintenance agency, alleging that it had restricted entry to food delivery personnel, domestic workers, and visitors due to unpaid maintenance dues.
Residents had decided to withhold maintenance payments for four months, citing poor upkeep, a lack of transparency in billing and unresolved complaints. The alleged restrictions caused considerable inconvenience, with residents saying they were forced to walk to the main gate to collect groceries and other deliveries, particularly during the festive season.
“I haven’t ordered anything; I avoid doing so for fear that it might get held up. They are not allowing guests, maids, delivery personnel, or anyone to enter. On Sunday, residents began gathering around Gate 3 amid outrage over the matter. By evening, there were around 300-400 people there,” said resident Dinker Pandey.
Pandey alleged that the maintenance agency continued to demand payments despite failing to provide adequate services.
“They simply want to keep collecting payments without providing any actual service. Take the DG (diesel generator) set, for example. They haven’t supplied any DG power to the homes since the NPCL connection was installed, yet they still charge a fixed fee,” he said, referring to an outstanding amount of ₹77,000.
Residents said the restrictions were eased following the protest, but concerns over security and maintenance remained.
“Following the protest, the police intervened, and they agreed to let people in. However, the maintenance agency is now saying that it will take no responsibility for the security of residents and will allow anyone to enter,” said resident Pranav Mishra.
App access affected due to unpaid maintenance charges
In many housing societies, residents use an app to approve visitors’ entry. However, access to the app can be restricted due to unpaid maintenance charges, potentially disrupting the visitor verification process.
“Since the CAM charges were unpaid, access to the society’s app, which residents use to approve visitors’ entry, was affected, making it difficult to verify who was entering the premises. Security will allow people to enter the society. We invited both parties to resolve the matter. We called seven to eight representatives of the residents and members of the maintenance team for a meeting today to finally resolve the issue,” said Ranjeet Singh, station house officer (SHO) of Bisrakh police station.
Residents have also raised concerns about maintenance, fire safety arrangements, water quality and structural safety, alleging that repeated complaints to the maintenance team have gone unresolved.
“I moved here in 2020, and there are just problems after problems in this society. Last year, we faced problems with water quality. We raised concerns that the water was making around 600-800 people sick. There is no water testing from their end. I still hear residents complaining about it. They got the tank cleaned once last year, and that is about it. There are no fire safety drills, and most of the fire safety equipment in the society is missing. What happens if there is a fire? When you complain, they threaten you,” resident Vipul Sharma alleged.
Established in 2018, the society has around 2,200 flats and approximately 7,000 residents, according to residents.
Concerns have also been raised about the structural safety of the buildings. In June, HT reported incidents of plaster falling in the society’s parking area, and residents said these incidents had become a recurring issue. Residents said another incident occurred in September, but no action had been taken since.
The developer’s take
Responding to the allegations, Rajendar Kumaria, estate manager at Ajnara Homes, said maintenance operations required substantial manpower and regular expenditure.
“There are about 80 people in security, 45 in housekeeping, and a technical team of around 100 people handling all the operations. We incur charges, and we manage the data and operations. All electrical equipment, such as large transformers, diesel generators (DGs) and various other components, is covered under annual maintenance contracts (AMCs). The society has an entire water supply system, including massive pumps, or booster pumps, that lift water from the ground level up to the 27th floor; all these units require AMCs,” he said.
Kumaria said the maintenance agency was also responsible for paying daily-wage workers.
“Furthermore, a crucial point is that the labour force working there consists of underprivileged individuals who work on a daily-wage basis. I am responsible for their daily payments. If these people do not contribute their share, how can the system be maintained?” he said.
Here’s what legal experts have to say
Legal experts said restricting entry to food delivery personnel, domestic workers and visitors over unpaid maintenance dues raises concerns about residents’ rights, while acknowledging that providing essential services in a housing society comes at a cost.
“Restricting residents’ access in this manner raises serious concerns about their constitutional rights. The maintenance agency is merely responsible for managing the society; it does not own it. The actual owners are the individuals who own the flats, and they should be able to enjoy their property without interference,” said Dr Manvendra Singh, associate professor of law at Sharda School of Law, Sharda University.
“However, running a society requires maintenance staff and other essential services, and all of these come at a cost.," he added.
