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Coop housing society

Querist : Anonymous (Querist) 09 October 2011 This query is : Resolved 

Problem explainton:
i have a row house in pimpri chinchwad Aundh annexure.Water is pumped to all the my row house by a pump.
Couple of houses including mine reside in the high pressure zone and we get water at high pressure which is damaging the valve etc and causing tremendous expenses on valves float valve ultimtely over head tank leakage of water .

Root Cause:
Infrastructure problem

Society Reply:
Says only my RH has a problem and so i have to solve the problem.
The 2 other RH dont want to get into problems with the society typically goody goody situation, and they rent to bachelors who dont care about over head tank water.


What can i do to solve this problem , my questions or my thinking process brought out the following ofcourse u can add more.
1>Can i take it outside body?
2>what sort of info in written should i get from the society before i lodge a complaint.
3>As a retalation i want to stop the society charges , is it ok? Can the society stop my water etc if i stop paying?
4>I am an austrlaian citizen now, indian by birth so does the law change for me ? i hold NRI status.
5>I like to ensure truth prevails.
6>The society has a chairman a typical one who only manages all r busy and so they just do ha ji ha ji to him now more of a aristocracy in modern world.
7>i hv interacted wiht the chairman over phone he has given me always misleding info on phoen and am trying to get that info on email as evidence.
8>are there different type of societes and laws in mahrashtra to find out under which type we fall? so what is the correct Q to ask to the society, to ensure under which law i can file a case if required.
9>Does the indian court of law consider email evidence? coz everything is one email.I have the email chain can i show it to some one to find out how it can be resolved?
ajay sethi (Expert) 09 October 2011
obtain expert opinion as to the cause of problem ,. submit report to society with request to take corrective acytion if report says society is at fault

you cannot stop paying maintenance charges . if you stoop paying maintenance charges society will keep on levying interest and ultimately move registrar under section 101 for recovery of dues .

society cannot stop water supply if you fial to pay maintenance .

you would be governed by maharashtra cooperative socities act .

email is valid evidence in court of law .
Raj Kumar Makkad (Expert) 09 October 2011
Being NRI you do not get a special status in your society. Your problem is genuine but it requires report of an engineer or supreviser who shall confirm to your problem. This authentic report shall be helpful for you to put your complaint in proper way.

If you stop maintenance charges then society may cut your water connection so such sep is not desirable or advisable. Res reply of ajay is correct.
Querist : Anonymous (Querist) 10 October 2011
Dear Ajay and Raj kumar
your replies cover most of the concerns, wonderful and thnaks...
further q on ur replies...
1>I have sent an email to the society asking for an independent Report waiting on their reply.
2>Now if they say NO to that should i get an independent report myself?
3>if their independent report is still not ok by me Can i go for my independent Report myself?
4>if the independent report in my favour would i be able to recove the expenses incurred in the last 1 yer from society on the valves and fitting and also money spent on the independent report?
5>Are these independent Reports done by statuatory bodies fixed by the GOVT or are they listed some where were I can look up since there shoudl be no biase on the Report.
6> I was an employee of Ion exchaange india ltd a leading water tretment company and have contacts in the co who can give a fair Report is the Report ok by them?
ajay sethi (Expert) 10 October 2011
with great respect to mr makkad even in case you fail to pay maintenace charges society cannot cut water connection .

wirite to society that you are willing to pay charges for hiring an expert . mention that if society is not agreebale you shall engage an expert to carry out survey .

forget recovering money from society . if you lodge any claim the society will be reluctant to your suggestion for carrying out survey by an independent expert
Querist : Anonymous (Querist) 11 October 2011
Thanks a lot Ajay and Rajkumar
first thing first
say society says no to their independent survey and even to mine? than waht? is it a dead lock? r we in china or russia? democrtic country there should be way out.

Now with the above situation i tell them inspite of your NO, i am carrying out the survey ?

and survey comes in my favour than what waht is the benefit ? will society implement new changes if not wiht this survey can i file a case in the court?


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now if they cannot cut water under which law are you saying they cannot connect water? i am not paying society charges than how come?
Also if i ever never pay than wht will i lose my house?
what is this [will keep on levying interest and ultimately move registrar under section 101 for recovery of dues ]
how can they apply section 101 if i am not indian citizen?

Can i not go to the court with the independent survey results and fight in its shade for no society charges?

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i feel relating the 2 i can create a case i dont mind paying to a laweyer who can create a case combining the 2



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r there different types of society in maharshtra hoousing?
how do i know which type this is?
ajay sethi (Expert) 11 October 2011
in the event of disputes between member and society aggrived member can move cooperative court . consult a local lawyer


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