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Water charges and consumable charges for unoccupied flats

Querist : Anonymous (Querist) 25 May 2021 This query is : Resolved 
One year back I have purchased a 3 BHK flat at Bangalore, I have not moved in to my new flat as still my interiors, painting are not done yet. 3 months back our residents welfare association was formed and they started monthly maintenance charges with fixed and variable charges, while fixed charges are for security house keeping, gardening AMC for lifts etc. divided on no of Flats.in the apartment & variable are for water ,genset diesel, STP Charged on Sft. basis of each flats

Our flats have no water meters as it was not provided by builder,

since march-2021 we started paying maintenance charges to the association, as I have not occupied my flat, and have requested the association not to include the water charges for my flat maintenance charges. but the association is insisting that the water charges cannot be waived off, as there is no water meter installed. so I need to pay the water charges,

Since the water charges are for the occupied flats who are using the water. They should share the water charges among themselves. how can I be charged the water charges which I have not consumed?

please advise is water charges are applicable on unoccupied flats since i am paying all other charges in the maintenance bill can water charges be excluded for my case.

T. Kalaiselvan, Advocate (Expert) 25 May 2021
You can refuse to pay the water consummation charges since you do not consume water at all because you have not occupied the flat yet.
The water and electricity charges are to be paid for the consumption.
You may demand the meter for water consumption to be fixed first after which you will pay the water consumption charges.
If the association is still insisting on this, you may inform them to go ahead by due process of law, which can be challenged properly.

Querist : Anonymous (Querist) 26 May 2021
thanks you sir for the advise,
P. Venu (Expert) 26 May 2021
Is the issue worth enough to be disputed?
Dr J C Vashista (Expert) 28 May 2021
Whether the association has framed any policy on the subject for charging variables for unoccupied flats ?


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