how to proceed ?
Surender Oberoi
(Querist) 29 May 2011
This query is : Resolved
An autonomous body while handing over built house, allotted on rebate, asked the allotte to first purchase a water meter and give reference of meter and get signed certain papers. (may be the allottee will have to pay the water charges) //During possession allottee did not shift there due to lack of facilities and got electricity connection after 5 yrs and simultaneously represented to water auth about non availability of water over the yrs and hence could not utilise the accommodation and now want to utilise the house so take necessary action. Water auth instead of replying issued demand notice in thousands rupees which include penalties also by levelling water charges at the flat rate per month and threat of disconnection by one month. Other residents, staying under compelling circumstances are paying charges says water auth only accept cash payment and not by cheque. Availability of water is one hour in morning.Can the Hon'ble members suggest how to proceed ?
(a) In this case which is the competent court ? Civil or consumer ?
(b)Before moving court is there any need of further representing ? (so far only one communication by the allottee)
(c) there are several flat occupied but not being utilised
(d) Should first ask the water auth to supply the signed papers to allotte under RTI Act or other wise. before it is late and the defunct connection is disconnected
(e) Any suitable advice in the interest of allottee ?
R.R. KRISHNAA
(Expert) 29 May 2011
Legally the Water Supply authorities have powers to cut the water supply if an owner or occupier failed to pay within due time any money due. The board is vested with a statutory right to cut off water supply. You have to pay the statutory charges to the authorities to avoid the above action.
BUT from your query I note that you have informed the water authorities about "non availability of water over the years" and could not utilise the accomodation. If such facts are correct you may file a Writ Petition before the High court and challenge the demand of the water authorities on the ground that there was non availability of water over the years and hence you are not liable to pay charges towards the period of non availability of water.
Please consult an advocate for further advice.
Best regards,
