You cannot  install geyser in the duct 

2) you would have to remove the geyser in case MC directs you to do so 

No action or order issued agasint you yet, why bother than. No objection since 12 years enough ground to support your stand and continuous use and installation. 

Against any negative response from secretary, tell the neighbor to reimburse the price of geyser. And don`t bother about him,

You can reply to his complaint if secretary ask you to remove and question you regarding this that from last 12 years you people don't have any problem and suddenly how this issue raised. IF still they do not listen to you kndly forwrd your written complaint to sub registrar of society  of your area.

Duct forms part of common areas of society 

you can install geyser in  your bathroom and not in duct 

you will have to remove it 

1. While it is true that Duct area under BMC Act, is an external wall and an open space and nothing can be installed in the same.

2. However, the Society has no jurisdiction to do anything about it or levy penalty /fine on the member.

3. The legal jurisdiction to levy penalty /fine is only with the BMC authorities, who will first give you notice etc.... (which is very rare).

Keep Smiling .... Hemant Agarwal
VISIT:

As per CHS rules and laws you can't install geyser outside the flat or outside wall. Here you can make a request to them to keep it as it as from last 12 years it is there so should continue as it does not make any disturb or trouble to anyone from it.

You can obtain stay from court. And in case of removal order by committee, order to neighbor to reimburse losses and finance the installation than you will remove the geyser.

Medical condition is no ground. Common area cannot be put to use for personal use. But installing geyser is not big deal.

Hi

For the knowledge of byelaws of the society you can take a copy of those from the cooperative society office.

Also reinstalling a gyser is not a big deal.

Get it done and finish the dispute. 

You would have no need to refix the water pipelines. There are temporary pipelines available. 

Take Care of your health 

Thanks 

Let him give a complaint to the society and even the society issue a letter to this to you.

You can give a proper reply stating that the geyser had been installed over 12 years and is remaining in the same place till this date without any disturbance to anyone.

Moreover this was very well in the knowledge of the society which had given oral  permission to install the same in that place and had been not a issue till this date.

Now the problem has been created by the neighbor only to wreak vengeance due to his personal grudge on you.  

If your reply is not satisfying the society and it is still insisting on its removal, you dont remove it and ask them to take legal action so that you will remove it on the basis of an order to this effect from  a court of law.

Dont get scared by the threats posed by the neighbor, he cannot do anything illegally to remove your convenience, if you apprehend any illegal activity by him or society in this regard, you may file a permanent injunction suit agaisnt them so that they are restrained from indulging in any such activity to forcibly remove the item from that place. 

Yes, you can approach court with a suit for injunction seeking to restrain the society or anyone authorised by society from removing the geyser by force other than by following due procedures of law.

You follow the suggestion s as suggested by consulting a local advocate which will bring you the desired relief.

You ask the society to first issue a notice to this effect in which they will mention the bye law, if any, that is applicable to this situation, if not then they may not be in a position to direct you to remove the geyser from that place.

Duct is a common area. You cannot install geyser there.

Based on the medical problems you stated in your post, you can approach the society MC and request them to consider your case as an exception by taking into confidence the person who lodged complaint against you.

Thus, it is between society / complainant and your self, it should work out based on your request / representation made to society on humanitarian grounds.

Need to take it forward based on your discussion with society.

you've encroached upon the common space of the society. You're advised to remove geyser to save a Legal action against you.

You want legal advice to stop a society administration from asking you to shift your gyser....

Oh My God.......such a big problem.......

Get a life Mr.

Find something imp. To do

listen Mr. what so ever................

you will complaint or not i dont know........but i will have to take some action surely now..........

who are you to get me disbarred and from where..........

You are just finding the ways to keep yourself busy...... 

1. If geyser in duct is not causing any nuisance or any other problem in building then managing committee cannot order removal of geyser from duct. 

2. Even if they order removal of geyser from duct then you can challenge them through court by filing a suit for mandatory and permanent injunction against Managing committee of society.

Let them complaint if you are legally Correct society can't take any action against you.