• Water issue

Greetings Sir/Madam, 
 I live in a standard alone building which has 6 flats only. The builder has made his office in the basement of our building. He has been using the water from the main tank which is for residential purpose for his commercial use since 7 years. Earlier we thought that he was paying for the maintenance as his brother who lives in first floor was handling the building maintenance. When we took in our hand we came to know that till date he used the water free of cost for his office. Not only office but even 6 -7 cars are washed daily even at the time of shortage of water. So I would like to know that can he use residential water for his commercial property. Thank you
Asked 5 years ago in Property Law
Religion: Hindu

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10 Answers

Hello,

No he can not do the same without the permission from the municipal authorities and without giving proper tax. 

Does the said commercial work includes the usage of water also? 

Regards 

 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Builder needs to pay for water usage 

 

2) further in residential society basement cannot be used for office purposes 

 

3) MC should issue instructions that society water will not be used for washing cars as there is a cure water shortage 

 

4) complain to muncipal corporation against use of basement fir commercial purposes 

Ajay Sethi
Advocate, Mumbai
94510 Answers
7484 Consultations

5.0 on 5.0

No. It's blatantly illegal. Move the cooperative court against him

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1544 Answers
5 Consultations

4.4 on 5.0

1. If he has his office in the basement of building then there must be a clause in the JV between builder and owner whereby he must have been allowed to have his office in the basement. If he was the owner himself then he could have reserved a space in the basement for himself.

2. If you have evidence to prove that he has not been paying for water then you may sue him in the civil court to restrain him through a suit for injunction from using water free of cost.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Sir you can raise objection and all the residents can seek maintenance and water charges from builder , further any society or association if not registered then give notice to person who is handling maintenance about same and seek redressal of the issue if they don't settle it complaint before the Municipal corporation regarding same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Basement space cannot be used for office or residential purposes. As per the government's rule, basement space cannot be allowed for offixe or residential purposes. A basement is the space built below or partly below the ground level. Under the building by-laws for storage and parking,basement space cannot be a part of FAR. 

File a complaint to Municipal authority. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

This is my response to you:

1. Is the society formed?

2. If yes then you can send him a legal notice;

3. Is there a conveyance deed in society's favour?

4. If yes then the society is owner of the building and the society can refuse the builder;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

It will be billed as per the commercial rate which is much higher than the residential rate.

Prashant Nayak
Advocate, Mumbai
31795 Answers
175 Consultations

4.1 on 5.0

Dear Client,

First of all, no commercial or residential activity permissible in basement and meant for parking purpose only. Next if all the flats are sold than builder is in authorize possession of area. Area of land owned by flat owners by 1/6th each.

First complain to municipal corporation for illegal use of basement and file suit in court to vacate illegal possession. Moreover, flat owners should file criminal complain of trespass  

Yogendra Singh Rajawat
Advocate, Jaipur
22590 Answers
31 Consultations

4.4 on 5.0

The builder first of all cannot use the basement portion for running his office. 

He is not the owner of the building once he handed over the premises to the association.

He has not been appointed as a caretaker so that he runs a office in the premises.

The association can issue notice to him to vacate the premises as he is an unauthorised occupant.

Further the utilisation of water or any other facility at free of cost is illegal, he can be held liable for the payment for the usage of the facilities.

Issue a legal notice and recover the amount from the beginning.

Discuss within the association and take a decision to throw him out legally.

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

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