Installment separate water tank in commonhold apartment
karuna arya
(Querist) 25 July 2014
This query is : Resolved
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.
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.""
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?
Devajyoti Barman
(Expert) 25 July 2014
If the dispute is not getting resolved through amicable settlement then lodge complaint with the Registrar to adjudicate the issue.
malipeddi jaggarao
(Expert) 25 July 2014
"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.""
This is applicable as long as you use the common facility jointly with all others. You have severed the common facility by erecting your own water tank and connecting it directly to your house.
I have not seen any law laid down to guide you legally in such circumstances.
It is not apartment, it is a group house as only 6 flats are there. Your problem is very much genuine as you are on the top floor, you would not get proper water especially when the taps are open down your floor. But instead of installing the separate equipment on your own, you should have discussed this matter with co-habitants. Then this problem would not have arisen. It appears you have chosen to take the things into your hand. Hence this problem.
Even now it is not too late to have a friendly talk and explain them your problem. You can offer them that you are willing to share the reasonabe charges. If they do not accede, or if you do not wish to reconcile the only course is legal battle. It will take too long and you people will be tired of to get the decision.
When we live in common habitations like apartments, group houses, we should create congenial atmosphere though there are some miscreatants who always wish to create a probloem. With your behaviour, helping nature you should win the hearts of others and live peacefully together.
V R SHROFF
(Expert) 25 July 2014
Settle amicably..
Pay & get facilities.
Facility is prime importance, not money.
Your act was ultra-vires.. illegal.; so pay, & keep quite!!
ajay sethi
(Expert) 25 July 2014
you have installed water tank for your exclusive use without consent of other flat owners . for common water tank you have to bear expenses equally
Rajendra K Goyal
(Expert) 25 July 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Installment-of-additional-water-tank-467246.asp#.U9IRzrFKqsw
karuna arya
(Querist) 25 July 2014
Sorry to say but mr Shroff earlier advised me something contrary to above.
V R SHROFF
(Expert) 25 July 2014
MY ANSWER TO YOUR EARLIER QUERY::
"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."
IN BOTH QUERY I SUGGESTED AMICABLE SETTLEMENT ""
WHERE DID U FIND CONTRADICTION???
malipeddi jaggarao
(Expert) 26 July 2014
Why are you posting the same query repeatedly. Is your issue that much important to seek free advice from the experts repeatedly? In fact according to me there is no issue at all and you are creating it for yourself. As my co-expert rightly pointed out, if you are a sufferer for usage of common facilities, that is of no fault of others. It is simply because of the placement of the flat. You might have lesser amount because it is situated on top floor. There you gained. Is not it? If you wish to delink from common facility either you should convince the co-owners or pay for it as per their demand. Please do not waste time of experts by repeatedly posting the same query until you get an advice of your own liking. If you have already decided course of action, what is the need to affirmation from experts?
Dr J C Vashista
(Expert) 27 July 2014
Repeated query.
I concur with the experts Mr. Shroff and Mr. Jaggarao.
T. Kalaiselvan, Advocate
(Expert) 27 July 2014
I agree with the views of expert Mr. Shroff that:
"Facility is prime importance, not money.
Your act was ultra-vires.. illegal.; so pay, & keep quite!! "
When you were so much desperate about sufficient water supply to your house, the idea of installing a separate water tank exclusively for your use was enforced, if this has been availed in common utility facility, why not pay more for the extra facility availed. The top floor people have to endure the water supply problem and it is common everywhere, but you managed to come out of the crisis, so your present position compared with the past and decide judiciously.
Mr. Malipeddi Jagga Rao has given a valuable piece of advise.
