Dispute with society

Preface:

I have bought a Second home at native place(Maharashtra) , developer has constructed 100 bungalows and handed over the plots in individual owners name. i.e 7/12 extract is in my name. Developer had provided us with 1000 liter over head tank. He has built 2 wells on the 14 acres plot which he developed for which he charged individual member Rs 10000/-. Water is pumped through pipe line from these wells via 1/2 inch inlet pipe for each bungalow.

Average stay in this property is not more than 100 days per year,there are only 2 permanent member staying of these 84 bungalows and 1 bungalow used for tourist purpose(Renting) Water is pumped twice daily for 1 hour i.e. in morning and evening. There are no meters for individual bungalows nor does society charge any water charges in yearly maintenance as water is free.(pumped from wells in premises)

Recently on 28th May 2016 housing society was formed and AGM was held.No membership deed is yet signed nor has society made any share certificated , its under process.

Compliant:

After staying in my bungalow I experienced that the overhead tank is not enough for daily use and I have to ask the watchmen to start pump besides stipulated 2 times per day. This practice is followed by every member as when the water from overhead tank is consumed / finished its necessary to pump more water. There is no shortage of water as on any given day not more the 2-5 member are available besides the 2 permanent members.

After taking into account these problem I connected another 1000 liter tank to the already fitted tank, so as to avoid untimely starting of pumps for water supply besides the stipulated times.

My intention was to avoid constant starting of pump so as to avoid wear and tear of pump and wastage of electricity. Also when water is pumped in an already filled tank it overflows and gets wasted, but now it gets collected in my other tank. I have also fitted drip irrigation for all my plants and asked other member to do the same to conserve water.

In the first AGM society came up with the topic of two tanks and has passed a resolution to remove the extra tank within 1 month or pay a fine of Rs. 5000/- per year.

Society charges Rs.5000/- per year towards maintenance which includes security(3 guards) Common street lights expenses, pump maintenance and grass cutting on roads after rainy season.

Query:

1) I don't know how the registrar gave permission for society to be formed as every member is owner of the plot and pays his own tax and stuff.I think Associate members should be formed. Please suggest.

2)As there is only one inlet for my plot and i have connected the new tank to already fitted tank can society ask me to remove it or charge me for it?

3)If am charged for extra tanks as its unfair towards other member having one tank(according to society) Is it not unfair towards me as permanent members use more water should they and one using for commercial reason be charged rather than me?

4) What right does society have on my plot as I am the owner of it, do i have to inform it for every changes in my house or informing the gram panchayat/concerned office is enough?

5)If I don't become a Member of this society can they stop water for my plot as I have paid for the well as well.

Any help would be appreciated. There are so many important topics for the society to handle like the developer has not built a Tank as promised cause of which pump is used daily leading to many failure issues. No street lights provided by developer ,mud roads need to be properly built , water trenches is to be made for rain waters. But society is taking no initiative there rather harassing members.

Asked 8 years ago in Civil Law

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5 Answers

1) builder must have formed co operative housing society . at time of sale of bungalow builder must have taken signature of bungalow owners and then formed society.

2) society can ask you to remove additional tank installed by you

3) water charges depend upon number of inlets . you have installed additional tank without obtaining permission from society . hence you are being charged more

4)if any bungalow is being used for commercial purposes society should charge non occupancy charges to said bungalow owner

5)water is an essential service . society cannot discconect your water supply

6) if builder has failed to build paved roads, install street lights in complex society should file complaint against builder before consumer forum and seek orders to direct it to provide these amenities as promised

Ajay Sethi

Advocate, Mumbai

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Hi, When you are not members of the Society then the decisions of the general body meting is not binding on you and if they tried to levy fee or they tried to dismantle the water tank then you have to file a suit for bare injunction restraining the Society members to not to interfere in peaceful possession and enjoyment of the property.

Pradeep Bharathipura

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1)Builder didn't take any signature while sale of bungalow. Society was formed by our initiative.Builder paid for Society Formation charges.

2)Society was formed on 28th may 2016 and tank was fitted in 2014 when there was no society to take permission from. So why am I being charged.

3)There is just 1 Inlet for the plot an 1/2 inch pipe which is connected to the overhead tank and this disputed tank is connected to the original tank. So after first tank is filled extra water which would otherwise fall on ground gets saved in this tank. 90% of overhead tanks overflow as water is pumped hence the stop cock don't work with such force of supply. And the connection cant be stopped at base as it would cause back-flow and cause pump to fail. So why if water is wasted I cant store it?

4)If am supposed to remove tank even after the following reasons should the society not pay compensation for fitting+removing charges+ Cost of tank and fittings, as I didn't know when the society will be formed they would take such decision.

5)Do the society have to state reason for formation while making an application to the registrar, cause am sure I heard them talking about it and they said the application was for providing the members with security, water (maintenance of wells)and electricity(Payment of common lights).

6)If I didn't become a member how will/should I compensate society for water charges, please understand when I say water charges it just included charge to maintain pump and its electricity charge which I guess forms part of 'common service' hence charges equally to everyone. Water is free as it comes from wells owned by Members.

7)Well is placed on N.A. plot owned by builder as of now, but I heard after Society formation he would transfer this to society. And other well would go to grampanchayat as it was dug on open land/green zone. I have paid for both wells. My question is will I be still entitled to the water of first well as its near to my bungalow after its been transferred to society as I have paid for it? There is no other source of water.

8)Maintenance of Rs 6000/- per year includes security + electricity and other common expenses for wear and tear of pipelines and stuff. All taxes are paid by me.

9)In this first AGM Society it cleared Rs 5000/- as repair fund. But in actual this amount is to be paid to the developer which he tried to take from us before the society was formed as charges for measurement of plot which he is supposed to bear as per agreement. No member paid this charge to him directly so now he has an understanding with the managing committee so they got this passed as repair fund.
My question is there any provision under which this money is to be used only for repair purpose? If yes can this payment to developer for measurement be classified as repair purpose by managing committee?

Asked 8 years ago

1) builder has paid for society formation and it was due to initiative of the bungalow owners

2) any decision taken by society in AGM is binding upon all members

3) if you had taken permission from builder for installation of tank then society could not have charged you . but in your case construction is unauthorized

4) you can store wasted water but you have to take prior permission from the builder or society

5) only as member of society would you be entitled to enjoy the various amenities provided . if well s transferred to society you cna enjoy usage of well water as member of society

6) all members have to pay maintenance charges

7) repair fund money is only to be used for carrying out repairs in the society premises . payment to developer for measurement of plot would not fall within ambit of general repairs

Ajay Sethi

Advocate, Mumbai

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1) I don't know how the registrar gave permission for society to be formed as every member is owner of the plot and pays his own tax and stuff.I think Associate members should be formed. Please sugge

You have not informed that the society is registered or not, if it is registered then the formalities meant for the same including submission of membership list along with their signatures to be submitted to the cooperative registrar.

2)As there is only one inlet for my plot and i have connected the new tank to already fitted tank can society ask me to remove it or charge me for it?

A formal permission from society may have obtained or atleast now the society's orders may be complied.

Reasonable argument, you can put if before the meeting.

4) What right does society have on my plot as I am the owner of it, do i have to inform it for every changes in my house or informing the gram panchayat/concerned office is enough?

Once a society is formed you may have to abide by the rules and bye laws of the society

5)If I don't become a Member of this society can they stop water for my plot as I have paid for the well as well.

They have no rights to disconnect water supply because it is part of basic and essential amenity.

All the other points can be taken up effectively only when you become a member and actively participate in the general or any other special meetings of the society.

T Kalaiselvan

Advocate, Vellore

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All the subsequent points raised by you in your subsequent question are very much valid and genuine from your side.

Yes you are entitled to draw water from the well because you have paid for it.

Since you are paying annual maintenance charges you are entitled to the water supply from the well to your bungalow as per the sale agreement conditions.

The matter has to discussed in the next meeting before all other members who would be convinced and support your views which are common in nature.

T Kalaiselvan

Advocate, Vellore

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