Surcharge/additional cost for pumping upon metered water

 

(Querist)
05 November 2017

Hello,
My apartment's name is SLV UNIWORTH CLASSIC @ HBR layout and we have already made individual metering system all the 14 existing Apartments because 4 years back the Builder used to live in the Penthouse which is one of the 14 apartments and a lot of water was being wasted and to control that we made the water metering system.

The association took a decision without the consent of the members or the residents living living in the apartment which otherwise is done on all the previous occasions when a decision is taken.
Even after we have metres in place and we have been paying as per the consumption of water they are trying to put a surcharge or additional cost of pumping by deciding a cap off number of liters.
is it fare to allocate 14500 liters per month for a family 1 and a family of 6?

My point is changing extra over the metered usage is Illegal and threatening the tenants and forcably making them pay is Illegal.

Please share expert advice as I feel this is Illegal.

House no no of ppl
‌001. 3
‌002. 3
‌003 3
‌101. 2
‌102. 6
‌103. 3
‌201. 5
‌202. 6
‌203. 4
‌301. 4
‌302. 4
‌303. 1
‌401. 5
‌402. 5

Thanks
Prithvi


Rajendra K Goyal (Expert)
05 November 2017

If the step is considered unfair, oppose the step in writing, in case no action discuss with local lawyer and take shelter of law.

Kumar Doab (Expert)
05 November 2017

Mr. Rajendra K Goyal has advised you the simple way ahead.
Minute everything under proper acknowledgment.

Prithvi (Querist)
06 November 2017

I have been opposing to this past 6 months and I have 4 people with me, and they are tenants. They are being haressed and one of the them has filed a PL on the association but investigation is yet to be Started and he filed it on his own. I wanted to go further into this in legal terms and I have requested the association all the meeting invite notice, minutes of the meeting and signatures sheet along with the accounts register copy for the last 3 years. I feel as a owner I have the rights to get a copy but they have not yet signed in the letter acknowledging copy.

Please advise me on this

Thanks
PRITHVI

Rajendra K Goyal (Expert)
06 November 2017

Tenants are not the members of Coop society, can not participate in AGM, policy decisions.

They can move to court in case of discrimination.

If society does not provide information, try to get by RTI through Registrar Coop. Societies.

Prithvi (Querist)
08 November 2017

Hello,
There was a notice with a meeting invite with said the association has proposed for a meeting either on 6th or 7th and 8th nov 17, and the first preference would be on 6th that was on Monday and in case if any of the residents have an objection for these days they will have to give it in writing however nobody gave it in writing because no one had an objection and the meeting was supposed to be at 8 o'clock on 6th nov'17 and at 7:30pm a notice is been put on the notice board by the secretary saying as nobody objected to this meeting we are postponing the meeting for Tuesday that is 7th November and immediately after that we put an objection in writing on the notice board saying we never objected for a meeting and that is why we did not put anything on the notice board now that the meeting has been postponed to 7th web ( 4 families) will not be able to attend on 7th or 8th November as official office meetings which was scheduled on Monday has been postponed to Tuesday and Wednesday, in spite of this notice (objection) on the notice they have conducted a meeting yesterday. will the decisions with the other residence accepting to it is valid or because we have already informed them in writing that we will not be able to attend in spite of that have the meeting the resolutions passed yesterday will not have any validity please advise.

Prithvi (Querist)
08 November 2017

Hello,
There was a notice with a meeting invite with said the association has proposed for a meeting either on 6th or 7th and 8th nov 17, and the first preference would be on 6th that was on Monday and in case if any of the residents have an objection for these days they will have to give it in writing however nobody gave it in writing because no one had an objection and the meeting was supposed to be at 8 o'clock on 6th nov'17 and at 7:30pm a notice is been put on the notice board by the secretary saying as nobody objected to this meeting we are postponing the meeting for Tuesday that is 7th November and immediately after that we put an objection in writing on the notice board saying we never objected for a meeting and that is why we did not put anything on the notice board now that the meeting has been postponed to 7th web ( 4 families) will not be able to attend on 7th or 8th November as official office meetings which was scheduled on Monday has been postponed to Tuesday and Wednesday, in spite of this notice (objection) on the notice they have conducted a meeting yesterday. will the decisions with the other residence accepting to it is valid or because we have already informed them in writing that we will not be able to attend in spite of that have the meeting the resolutions passed yesterday will not have any validity please advise.

Prithvi (Querist)
08 November 2017

Hello,
There was a notice with a meeting invite with said the association has proposed for a meeting either on 6th or 7th and 8th nov 17, and the first preference would be on 6th that was on Monday and in case if any of the residents have an objection for these days they will have to give it in writing however nobody gave it in writing because no one had an objection and the meeting was supposed to be at 8 o'clock on 6th nov'17 and at 7:30pm a notice is been put on the notice board by the secretary saying as nobody objected to this meeting we are postponing the meeting for Tuesday that is 7th November and immediately after that we put an objection in writing on the notice board saying we never objected for a meeting and that is why we did not put anything on the notice board now that the meeting has been postponed to 7th web ( 4 families) will not be able to attend on 7th or 8th November as official office meetings which was scheduled on Monday has been postponed to Tuesday and Wednesday, in spite of this notice (objection) on the notice they have conducted a meeting yesterday. will the decisions with the other residence accepting to it is valid or because we have already informed them in writing that we will not be able to attend in spite of that have the meeting the resolutions passed yesterday will not have any validity please advise.

Prithvi (Querist)
08 November 2017

Hello,
There was a notice with a meeting invite with said the association has proposed for a meeting either on 6th or 7th and 8th nov 17, and the first preference would be on 6th that was on Monday and in case if any of the residents have an objection for these days they will have to give it in writing however nobody gave it in writing because no one had an objection and the meeting was supposed to be at 8 o'clock on 6th nov'17 and at 7:30pm a notice is been put on the notice board by the secretary saying as nobody objected to this meeting we are postponing the meeting for Tuesday that is 7th November and immediately after that we put an objection in writing on the notice board saying we never objected for a meeting and that is why we did not put anything on the notice board now that the meeting has been postponed to 7th web ( 4 families) will not be able to attend on 7th or 8th November as official office meetings which was scheduled on Monday has been postponed to Tuesday and Wednesday, in spite of this notice (objection) on the notice they have conducted a meeting yesterday. will the decisions with the other residence accepting to it is valid or because we have already informed them in writing that we will not be able to attend in spite of that have the meeting the resolutions passed yesterday will not have any validity please advise.

JIGYASU: Legal Analyst (Expert)
08 November 2017

Mr. Prithvi,

Asking validity of a resolution by majority of members seems to be making a mountain out of a mole hill.

By the way, even if someone tells you for your mental satisfaction that the resolution was not valid, what action would you like to take? Would you take the society to the court of law to get decision in your favour along with 3 other members as against the majority of 10 members of the society when they don't have any objection?

Prithvi (Querist)
08 November 2017

Hello
The reasons we are trying to go against these decisions are because it is a burden on the tenants we are not getting tenants and the existing tenants are being harassed for these extra payments when we have sufficient water in our borewells and no water is bought from outside. The electricity bill currently for borewel water pumps is between ₹.5000 to ₹.5600. with the recent rains and ample water also when the metres are in place and when everybody are playing as per their consumption why association needs extra charges with this below proposed table.
Liters. Charges. Payable ₹.
0-1999. 20. 20
2000-4999 0.01 49.99
5000-9999. 0.02. 199.98
10000-14999. 0.03. 449.97
15000-19999. 0.05 999.95
20000-27000. 0.10. 2700

Prithvi (Querist)
08 November 2017

So if someone uses 27000 liters with 6 ppl in a family they are supposed to pay around ₹.4400 water charges plus ₹.2300 maintenance cost. I feel this is not right

Prithvi (Querist)
08 November 2017

So if someone uses 27000 liters with 6 ppl in a family they are supposed to pay around ₹.4400 water charges plus ₹.2300 maintenance cost. I feel this is not right

JIGYASU: Legal Analyst (Expert)
08 November 2017

Mr. Prithvi,

You are jsut trying to call a wrong number. Your objection, as a tenant has no relevance for the society.

You should not forget that a society is formed by and for the benefits of majority of its members, not by or for watching the interests of individual tenants or each individual member. If you have any grievance that can only be against the owner of the flat, not his society, who is working on the basis of the flat owners on the basis of some duly approved resolutions by a majority vote. So, you are required to discuss the problem with your flat owner only, who may or may not think fit to discuss with the management of his society.

However, if the management of the society attends you as a tenant that can only be as of courtesy by the management.


Rajendra K Goyal (Expert)
08 November 2017

Discuss with local lawyer and challenge the decision.

Prithvi (Querist)
09 November 2017

Being an owner I will surely do as you suggest @Rajendra k Goyal. Thanks to all for your support.

Prithvi.



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