• Disconnection of drinking water to a flat in group house

Sir, ours is a group house with 10 flats.i am working women and live with two children and my husband stays abroad.my children leave to school by 7 am .I will leve to office by 10.15 am.we dont have sufficient bore water . so we all flat members contributed 30000 each and collected 3 lakhs and took second municipal connection where we can draw nearly 7000 litres of water.1st municipal connection which was provided by builder gives 1500 litres of water.totalling to 8500 litres of water for one day.This water comes at morning 9.30 am.But all the flat members decided to close the valves and fill the whole water in the overhead tank thereby disconnecting the drinking water which we drink from sump.Further i will leave the office at 10.15 .when they will leave the water and when i will do the work.AS soon as the water comes at 9.30 i will fill some water which will be sufficient for me.But now by the time i reach home the whole water in the water is being completed .They says valves will be closed and fill drinking water in cellar with pots.Is this illegal for not giving me drinking water .Dont i have right which facility given to me by builder.where shall i approach sir.please suggest me sir.Thank u.
Asked 7 years ago in Civil Law

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20 Answers

You can file an FIR with the police station. It's illegal to disconnect water supply in any circumstances

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

1. Complain to the society management with a formal complaint. 
2. If it does not get resolved then send a legal notice. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

In no condition water connection is disconnected. You can file FIR against all nine members

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Yes. Blatantly illegal. You must move the cooperative court

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

No. It's not a criminal matter to approach police. It is a civil dispute, between you and your housing society. So police complaint is not maintainable

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Association is at liberty to fix timings for water supply 

 

however timings should be convenient to all flat owners 

 

since you are working women your convenience should also be taken into account by the association 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

If you file police complaint no action would be taken as decision was taken by consent of 9 members 

 

you can issue legal notice to association that timings fixed are not convenient to you 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

See you can file a police complaint but in case the police will not likely to take complaint , you can issue a legal notice to the association seeking redressal of issue as water is essential In case on notice they fail action against association in court can be taken.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

Any action of the association in disconnecting the water supply to the non-member flat will be considered by courts as illegal as it is an interference in enjoying the common facility. ... As per Supreme Court ruling that no society is entitled to disconnect or suspend common amenities including water supply.

The owner has to be persuaded to pay the maintenance charges as a member of the Association.
If any flat owner is not paying the maintenance charges, it is open to the association to pay the same and demand the same from the defaulting member in accordance with law, provided in the Apartment Ownerships Act.
As per Supreme Court ruling that no society is entitled to disconnect or suspend common amenities including water supply. You have to issue a legal notice to the defaulter and if he/she does not budge, move the Civil Court.
The Apartment Ownership Act of States will have a clause somewhat like this:
Compliance with covenants, bye-laws and administrative provisions.- Each apartment owner shall comply strictly with the bye-laws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended form time to time, and with the covenants, conditions and restrictions set forth in the Declaration or in the Deed to his Apartment. Failure to comply with any of the same shall be a ground for an action to recover sums due for damages or injunctive relief or both maintainable by the Manager or Board of Managers on behalf of the Association of Apartment Owners or, in a proper case by an aggrieved apartment owner. 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Don't worry Mam please be cool. You have all the rights to live so please lodge a complaint with the Police Department of near by Thana giving all the facts. As this is your internal arrangement so best to approach the police who will instruct the other co-owners to rectify the arrangement, the police have power to do so.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

  1. As per the information mentioned in the present query, makes it clear that the acts of the other side is completely arbitrary and agaisnt the rule of law of equality.
  2. No, even if you happen to comolaint to the police, then police may not interere as in the face of it, the dispute is completely of civil nature and police would also suggest you to approach the civil court of law.
  3. I would advice you to immediately file a suit for permanent and temporary injunction from continuing the acts as this is infringing your fundamental right which has been vested to you by our Constitution.
  4. You would definitely get the relief from our court of law, have faith in our judiciary.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

This cannot be termed as disconnection

as only the individual valves supplying to each flat are closed and the entire water is collected in the overhead tank from which it can then flow to all the houses for storage in their respective water tanks

also the water is released at 930 am, so you have an option to collect and fill the drinking water and for water required for other purposes, you will have to make arrangement in your water tank so that it is automatically filled when the water is released from overhead tank

in my opinion any complaint by you will only be a futile exercise and will not yield any result 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

There should be fix timings for opening valves of water supply 

 

2) convenience of children and working women must be taken into account 

 

3) file suit and seek court orders to direct association to fix timings for water supply convenient fir working women and children 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

The notice tongue association can be served and further you can also.make a complaint before the Municipal.corporation for water.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Certainly not Mam,so involve the local administration through local police.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

This problem of water should be sorted out within the society itself by doing a meeting of all the residents so that the releasing of water well in time so as those were office goers may use the water.

There is no matter of child labour if you are child is doing anything for the family it is not counted in child labour and if your problem cannot be sorted out why the meetings within the society when you have the option to move your complaint to Registrar of societies and get the direction for the society and its operation of water related services

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You file the FIR and ask police to take coercive action against the offenders

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

This is a local problem which have to be sorted out locally. You can represent your plight in a meeting that can be convened specifically for this purpose.

Since you also contributed equally to the second water supply connection, you are entitled to equal share of water, however, it may be your duty also to make some arrangement to secure that your water supply position is safe so that you dont face water shortage when you return from office.

You can take it up through your association also.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

This is not a criminal offence and nobody can be held responsible for you not getting water when you return from office. 

You will be told that you make som alternate arrangement to fill up water which is being supplied during your absence.

 

You cannot file any legal  solution to this problem. You may have to follow some procedure so that you dont suffer due to this instead of agitating over it.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Your anger over the local issue or agitating over the problem which never is, may not fetch you any fruitful solution, hence better you may look for some alternate arrangement by talking to the association members to fetch you relief and remedy to this temporatry problem.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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