Mscs act- water charges for independent overhead tanks to wing of different areas
ANILKUMAR E PILLAI
(Querist) 28 August 2016
This query is : Resolved
Thanks Dr Vashist for your contributory and valuable suggestion and I appreciate it on behalf of all concerned. I am sure individual meter is advisable, but the conflicting aspect is between wings with regard to equal contribution towards water bills.
But kindly read the content again with modified changes to put the aspect in right perspective.
In a co-operative housing society located in NAVI MUMBAI (under MSCS act) What could be the Water Charges in for four wings/buildings of different areas and each wing has its own separate overhead tank and only one pipe each lowers down from the overhead tank to the individual flats.
Out of A, B, C, & D wings A wing has larger area with 24 flat in which 22 flats has two bed room and only 2 flats with single bed room. The single pipe leading from A wing overhead tank on reaching each flat is internally distributed to 2BHK. The overhead tank in A wing has lesser capacity compared to the B,C, D wing which is 1BHK. Besides the above to state the above in clear perspective, the north side flat has both bathrooms+toilet+kitchen on north side and South side flats of A Wing has both bathrooms+toilet+kitchen on south side itself. So a separate pipe is lowered to North side of the flats and a separate pipe of same dimension is lowered to South side of A wing.
Water is pumped simultaneously and equally to all wings.
B,C,D has 24 flats (B Wing), 21 flats (C Wing) and 21 flats (D Wing) respectively ,with 1BHK. Dimension of the pipe is same as in A wing. And each wing has an independent pipe lowered to the flats in respective wings.
NAVI MUMBAI MAHANAGAR PALLIKA has one meter for all residents.
Question is - In abeyance of MSCS Act,how and what to interpret of Bye-law. ie. How will such societies determine the water charges of members (ie A,B,C, & D Wings) if it is the number of inlets of pipe and taps etc and not the inflow and out flow of water from overhead tank is taken into account.
Kindly answer. Please note A,B,C, & D has independent pipes lowered to each flat for the respective wings. kindly reply. Thanks
Dr J C Vashista
(Expert) 29 August 2016
Examination hall question paper.
Instal water meter for individual flat and charge the member/resident accordingly.
ANILKUMAR E PILLAI
(Querist) 29 August 2016
Thanks Dr Vashist for your contributory and valuable suggestion and I appreciate it on behalf of all concerned. I am sure individual meter is advisable, but the conflicting aspect is between wings with regard to equal contribution towards water bills.
But kindly read the content again with modified changes to put the aspect in right perspective.
In a co-operative housing society located in NAVI MUMBAI (under MSCS act) What could be the Water Charges in for four wings/buildings of different areas and each wing has its own separate overhead tank and only one pipe each lowers down from the overhead tank to the individual flats.
Out of A, B, C, & D wings A wing has larger area with 24 flat in which 22 flats has two bed room and only 2 flats with single bed room. The single pipe leading from A wing overhead tank on reaching each flat is internally distributed to 2BHK. The overhead tank in A wing has lesser capacity compared to the B,C, D wing which is 1BHK. Besides the above to state the above in clear perspective, the north side flat has both bathrooms+toilet+kitchen on north side and South side flats of A Wing has both bathrooms+toilet+kitchen on south side itself. So a separate pipe is lowered to North side of the flats and a separate pipe of same dimension is lowered to South side of A wing.
Water is pumped simultaneously and equally to all wings.
B,C,D has 24 flats (B Wing), 21 flats (C Wing) and 21 flats (D Wing) respectively ,with 1BHK. Dimension of the pipe is same as in A wing. And each wing has an independent pipe lowered to the flats in respective wings.
NAVI MUMBAI MAHANAGAR PALLIKA has one meter for all residents.
Question is - In abeyance of MSCS Act,how and what to interpret of Bye-law. ie. How will such societies determine the water charges of members (ie A,B,C, & D Wings) if it is the number of inlets of pipe and taps etc and not the inflow and out flow of water from overhead tank is taken into account.
Kindly answer. Please note A,B,C, & D has independent pipes lowered to each flat for the respective wings. kindly reply. Thanks
Rajendra K Goyal
(Expert) 29 August 2016
Install meters and charge accordingly. Agree with Dr J C Vashista.
If some flat owner refuse installation of meter, charge flat rate as per area / decided by the society.
ANILKUMAR E PILLAI
(Querist) 29 August 2016
Thanks Mr Rajendra Goyalji. I approve Dr Vashista's suggestion and appreciate your seconding the same for individual water meter.
But request sir to explain in few words , Did you mean equal charges to all wings members irrespective of flat area resultant to single pipe from overhead tank to each flats from the respective wings overhead tanks keeping in mind equal quantum of water pumped into overhead tanks through same dimentional pipes and simultaneous pumping to overhead tanks from base tank?Thanks
Raj Kumar Makkad
(Expert) 29 August 2016
Mr. Pillai! Why are you not understanding the meaning of the words used by both Senior Experts?
Raj Kumar Makkad
(Expert) 29 August 2016
Beware this is not a classroom and we are not class-teachers. Don't misuse this otherwise charity site.
ANILKUMAR E PILLAI
(Querist) 29 August 2016
Dear RajKumar Makkadji, I appreciate your views and applaud to find the ambiguity in my repeated expression to find solution. I am not enjoying the situation either but do find the inadequacy of the provisions laid down in MODEL BYE LAW framed under MCS Act, 1960
Sec 66.
a. The Committee shall apportion the Share of each Member towards the charges of the Society on the following basis:
Water Charges As fixed by the Local Authority. Water Charges : On the basis of total number and size of inlets
provided in each flat.
I wondered what could be done when the entire context of application of the law to find justice through equity in a society which finds the area is the only criteria for accessing water consumption. In my Texts above I said A wing enjoys large size rooms and is 2BHK and B,C,D is of 1BHK. All wings enjoying same pipe dimensions,and single pipe from overhead and pumping hours are all same then why should larger flat with lesser sized overhead tank pay double the charges because of the simple reason that the byelaw states without reasons to believe
As fixed by the Local Authority
Water Charges : On the basis of total number and size of inlets provided in each
flat.
I believe strongly that in this case each wing irrespective of the size of the flats will pay equitable water charges based on the main Municipal bill just as any other common maintenance charges and if members in B,C, D does not agree then place meters for each wing instead of each flats. This is the solution I found and find reasonable. Thanks
Hemant Agarwal
(Expert) 31 August 2016
SIMPLE SOLUTION:
(without any consistent counter arguments)
1. By following "due procedure of law", AMEND the bye-laws of the Society, to charge "water charges" per Flat basis, without any further reference to any other conditions and criteria .OR. arguments.
2. Dump the stereo-typed "MODEL bye-laws", down the sewage drain.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
ANILKUMAR E PILLAI
(Querist) 31 August 2016
Thanks to Mr Hemant Agarwal. Your suggestion is commendable. Just as in any other replies from our distinguished participants on this subject. Changing Bye-law is not a easy task in which 2/3 members reside in 1BHK and wants to believe & express/ interpret MODEL BYE law as mentioned in it without application of logic. Society members in general opined that their's being a large society with members from different economic scales, typically to cooperative societies, raised concerns of the cost involved . (1) in stalling one meter per member, (2) appointing of person for recordings each meter every month , (3) replacement of meters when found malfunctioning or defective.
Besides the above our main common meter (analogue meter) installed at our cost by NMMC is being replaced by digital meter though they are in perfectly working/ usable condition. This has already proved expensive on the current societal budget. Thanks .......
ANILKUMAR E PILLAI
(Querist) 31 August 2016
Final solution found by society is as follows-
(1) Each wing irrespective of the size of the flats will pay equal water charges because of the fact that only one pipe line of same configuration leads to members from the smaller size overhead tank (compared to B,C,D)and divide the same based on the main Municipal bill derived from common meter.
Second option
2)If Majority of member in B,C, D does not still agree then place meters for each wing instead of each flats.
This is the solution found by the society as it sounds just & reasonable. Thanks
Dr J C Vashista
(Expert) 01 September 2016
a) Put up 3-4 alternative solutions before annual general body meeting;
b) consult a local lawyer for amendment of Bye-laws (within Maharashtra Cooperative Societies Act and Rules) if approved;
c) carry out survey of neighbouring societies and follow the option if it suits the AGM;
Discuss the issue within Managing Committee.
ANILKUMAR E PILLAI
(Querist) 01 September 2016
Dr.J.C. Vashista
Good Morning
Thanks Once again for your valuable inputs
Good day
Rajendra K Goyal
(Expert) 02 September 2016
Expert Hemant Agarwal has provided line of action, if satisfied, may proceed.
Hemant Agarwal
(Expert) 02 September 2016
Thank you Shri Rajendra K Goyal.
BUT also notice that "ANILKUMAR E PILLAI", jokingly was only testing the waters using this "expert section". Such testing or jesting is common by majority of the queriests.
You see his original post date and after two days he says that Society has found a solution.
Keep Smiling .... Hemant Agarwal
Legal Consultants : 9820174108, 9869510304
VISIT: http://www.maharashtra-society-help-forum.com
