
Even as an order by the Haryana Registrar-General of Societies last week that Resident Welfare Associations (RWAs) cannot withhold essential services or basic civic amenities to recover pending dues...
Even as an order by the Haryana Registrar-General of Societies last week that Resident Welfare Associations (RWAs) cannot withhold essential services or basic civic amenities to recover pending dues came as a major relief for residents, the woes of the residents of N Block at Mayfield Gardens at Sector 51 in Gurgaon — whose appeal prompted the ruling — are far from over. While the RWA has said that the order is being examined, residents have claimed that essential services for several defaulters are yet to be restored, calling the approach “dictatorial”.
The order, passed on June 16 by Dr Yash Garg, quashed a controversial resolution passed by the N Block RWA. The issue escalated after the General Body Meeting (GBM) of the N Block RWA passed a resolution on September 27 last year, revising the quarterly maintenance charges to Rs. 5,000. It also had a slew of punitive and coercive measures against residents for non-payment of these dues such as no garbage collection, plumber and electrician services; disabling of parking tags and access for Mygate app to manage entries to their homes as well as the non-attendance of complaints. There was also imposition of a penalty at the rate of 1% per day on the pending amount dues.
The appellants, led by N Block resident Sanjay Gupta and six other residents, challenged this before the Registrar, arguing that the measures were unlawful and disproportionate, resulting in the denial of essential services and harassment of residents In its order, the Registrar General firmly rebuked the RWA’s approach. The order categorically noted that essential services and basic civic amenities necessary for sanitation, hygiene, and public health cannot be arbitrarily withheld or discontinued merely on the basis of a General Body resolution. The authority ruled that any resolution seeking to discontinue such essential services as a coercive measure for recovery is prima facie arbitrary, unreasonable, opposed to public policy, and beyond the internal administrative powers of the Society.
Further, the Registrar scrutinised the financial aspect of the resolution. The authority pointed out that the Rs. 5,000 quarterly charge was fixed uniformly for all categories of dwelling units — 2 BHK flats, 3 BHK flats, or multi-floor Villas. This flat rate was deemed wholly arbitrary and contrary to rules mandating that a society must fix maintenance charges on the basis of the size of the apartment. Consequently, the GBM Resolution dated September 27, 2025, was officially quashed.
Responding to the order, RWA secretary Jitender Singh said it was being examined for potential clarifications. “The authority relied on rules meant for apartments whereas we are a plotted colony. The order makes it difficult to get those paying to continue. All coercive action was being taken as per our approved by-laws. Even the electricity board disconnects your connection on default. Essential services are not being stopped, we were requesting people to pay so we could recover. The thing about guards asking people to pay is untrue.”
Speaking with The Indian Express, lead appellant Gupta, who is a lawyer, claimed the RWA was not complying with the order. “They are being dictatorial and still sending reminders to alleged defaulters asking them to pay the inflated dues that have been struck down by a quasi-judicial authority. For many of the appellants, essential services have not been fully restored. They said we lost elections and the dues were decided by a majority, but losing polls does not mean suspension of rights. Even in the meeting where the resolution was passed, they fraudulently got additional signatures to show majority.”
Gupta added that they had to move the Punjab and Haryana High Court twice to get the order, and it still took nine months. “The RWA tenure is only two years. The president has enquired against her for alleged misappropriation of funds, and yet she continues to pass such orders. They are deploying men to harass residents driving to the gate asking them to pay up.”
The development assumes significance The Indian Express recently on March 18 reported a similar crackdown at another premium Gurgaon township — Uppal Southend. The RWA there had installed a large yellow board at the society’s entrance publicly naming defaulters and explicitly warned that “non-essential” services, including Zomato and Swiggy deliveries, maid entries, and car washing, would be blocked for those who failed to clear their maintenance arrears.