(1) If an apartment owner either wilfully violates or evidently threatens to violate the provisions of this Act and the bye-laws, including failure to pay the common expenses, which are payable by him under thisAct for a period of more than three months, the general body of the association of allottees concerned may, after giving notice of not less than seven days to such apartment owner, may pass a resolution to cut off or withhold or in any manner curtail or reduce, any essential supply or service enjoyed by the apartment owner:
Provided that the association of allottees shall not take any action in furtherance of the resolution referred to above unless a certified copy is sent each to the Competent Authority and to the concerned apartment owner by registered or speed post and fifteen days expired from the date of its being sent and its copy is displayed at some conspicuous place of the apartment.
Explanation.―For removal of doubt, it is hereby clarified that the power to take action under this sub-section shall not prejudice the other rights and remedies of the association of allottees available under this Act or under any other law for the time being in force.
(2) On continuation of default of payment of common expenses for a period of one year, the arrears shall be recovered as arrears of land revenue in the manner provided under the Odisha Public Demands Recovery Act, 1962.
(3)If an apartment owner is aggrieved by an action under sub- section (1), he may prefer an appeal to the competent authority within a period of thirty days from the date of the receipt of the copy of the resolution and the competent authority shall, after 2 of 1934.
Common expenses to be the first charge.
Common profits and expenses.
Association to reduce the utilities or supply of service.
Odisha Act No.01 of
1963.
18 affording sufficient opportunity to the parties, pass such orders, as he deems fit.