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Installment of additional water tank

(Querist) 19 April 2014 This query is : Resolved 
We stay in builder flat total 6 flat 3 front 3 backside, we are on top floor. We 6 flats have 4 water tanks on roof. 2 assigned for front and 2 for backside. Being on top floor we were always facing water pressure problems. Thus we installed extra tank on our roof which is being supplied with water from the common tank. so it basically being used for storage / supply by separate pipeline only.

Now I have a question that do we require to pool extra for electricity? Because our point is that use of water is similar as when we were using from common tank. Now the only difference is that we are using water from separate tank instead using from common tank. Also to fill this additional tank we do not have to use extra Motor because this additional tank is being supplied with water from the common tank only. Installing of separate tank was forced decision as there was no water coming in our house when taps were being used in ground floor or first floor.
Devajyoti Barman (Expert) 19 April 2014
what do you want to know?
karuna arya (Querist) 19 April 2014
All other pushing us to pool extra for electric motor. Do we really need to pool extra for electricity??

We do not like the idea as using equal amount of water.
Rajendra K Goyal (Expert) 19 April 2014
The others should not object, if you are using equal water. however, living in the same building try to have amicable solution.
V R SHROFF (Expert) 19 April 2014
Amicable settlement; considering +ve & -ve between you 6 members is the only & best solution of your problem . You are right that due to height difference, top floor get less supply, pressure being lesser than grd floor. 6 tanks for 6 flats is best solution. Let it be filled from common tank.
karuna arya (Querist) 19 April 2014
Thanks Mr Shroff, but the issue is that they unwilling to install separate tanks instead pushing us either to remove the additional tank or to pay/pool extra (more than others) electricity bill. Please advise?
Rajendra K Goyal (Expert) 20 April 2014
In spite of going into tension and disputes, if the charges are bearable, may be accepted for extra facility.

If unbearable refuse and let them proceed.
ajay sethi (Expert) 20 April 2014
agree with Mr shroff
T. Kalaiselvan, Advocate (Expert) 21 April 2014
Yes, as advised by experts, try to find solution through amicable means, if not challenge them legally.
karuna arya (Querist) 25 July 2014
My building members pointing out the ""Up apartment act 2010 chapter vii"" which states :

"The common profits of the property shall be distributed among and the Common expenses shall be charged to the apartment owners according to the PERCENTAGE OF THE UNDIVIDED INTEREST of the apartment owners in the common area and facilities.""

as discussed earlier, issue is mentioned below:

we stay in builder flat total 6 flat 3 front 3 back, we are on top floor. we 6 flats have 4 water tanks on roof. but being on top floor we were always facing water pressure problems. thus installed separate tank on our roof which is being filled simultaneously with other tanks. we actually
disconnected our pipeline from common tank and connected to the new separate tank on our roof.

the other 4 out of 5 flats are pressing us to pay more than half of all expenses like electricity bill plus any repair job in motor or submersible pump.

Their stand is that additional water tank has been installed exclusively for the personal consumption and has been connected to the common facility.

which we are not agreeing to because our point is that use of water is similar as when we are using from common tank. We tried to explain thru simple mathematics too. Installing of separate tank was forced decision as we hardly got water when taps were being used in ground floor or first floor.


Now my question is what is right and what is wrong legally? Do we really require to pool extra for electricity plus all repair work to be carried out in the electric motor and submersible pump? What is the meaning/implications of above quoted clause?




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