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A local court ordered the immediate transfer of maintenance duties at Parkview Residences in Mohali's Sector 66 to its Resident Welfare Association (RWA). The judgment followed ongoing allegations against the developer and its agency for imposing inflated maintenance charges, obstructing RWA elections, and disrupting basic services. Despite all units being sold, the developer had continued to exert control through a private firm. The court found these actions coercive and unlawful under the Punjab Apartment Ownership Act.
In a notable legal development from Mohali, the local court ruled in favour of residents of Parkview Residences, Sector 66, directing the developer's agency to immediately hand over all maintenance operations to the duly registered Resident Welfare Association (RWA). This order puts an end to months of tension between the residents and the builder, who had refused to relinquish control even after the entire residential inventory was sold. Advertisement
Residents had long accused the developer's appointed maintenance agency of arbitrary and inflated billing, regular disruption of essential services, and interference in the smooth functioning of the RWA including attempts to influence or block internal elections. These allegations were formally raised before the court by the RWA, which is registered under the Punjab Apartment Ownership Act.
The court observed that the developer's continued control through a private agency, despite the formation and legal standing of the RWA, amounted to coercive and obstructive behaviour. It held that the RWA was within its full legal rights to oversee and manage all maintenance-related affairs of the society. The court's direction includes the immediate transfer of all maintenance records, utility billing rights, and day-to-day operations to the residents' body.
The verdict is not just a win for Parkview homeowners but also sends a strong signal across Punjab and other parts of India where similar builder resident disputes are increasingly common. With this ruling, the judiciary has reaffirmed that developers cannot continue to wield post-possession control over residential societies where RWAs have been legitimately constituted.
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