• Society committee refusing water connection in my shop

Last year I purchased a shop in which there was direct water connection from BMC. As there was a fast food outlet there. The seller disconnected the water connection from BMC before selling me the shop. There is a water tank in the shop and a wash basin with proper drainage connection. 
As a registered member I am paying all the maintenance charges including water charges. And since I am not running a hotel, so I do not require direct BMC water supply. I just need water for washing my hands and for watering potted plants which I have planted in my shop and outside my shop.
I requested to society to provide me with the water connection, but they refused. Do I have the right to get Water connection from the society for my general use, that is to wash hands mainly as general hygiene and watering my plants. As water is an essential service and basic need of life. Can society refuse and deprive me of this? Please help to get justice if I am right. 
Thank you
Asked 8 years ago in Civil Law

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4 Answers

You can approach BMC for direct water connection

2) if the seller had taken direct water connection you should also be entitled to the same

3) if BMC refuses then approach society for water connection

4) society cannot refuse to provide water connection as it is an essential service

5) if society refuses you can approach cooperative court for necessary reliefs

Ajay Sethi
Advocate, Mumbai
98915 Answers
8044 Consultations

1. being a member of society you have right to get water supply.

2. provide water is a fundamental right under article 21 of the indian constitution, and society is to be registered under society registration act hence this fundamental right shall be enforced against the society.

3. you may a writ of mandamus before the high court for supply of water.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

If you are a member of the society and you have been paying the maintenance charges regularly to the society then the society cannot deny or refuse the the amenities that the society is providing to its members.

You are entitled to all the privileges and the amenities that the other members of the society are entitled .

You can issue a legal notice to society demanding your entitled amenities and can take up the matter either through consumer forum or cooperative court if the society is not providing the services.

T Kalaiselvan
Advocate, Vellore
89117 Answers
2436 Consultations

you have tight to obtain water connection from society for your shop as you are member of the society paying all maintenance charges including water charges

Ajay Sethi
Advocate, Mumbai
98915 Answers
8044 Consultations

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