Water charges levied on members in housing society.
Anu Chaterjee
(Querist) 12 January 2014
This query is : Resolved
Dear Sir, I had a query on the procedure that Societies ought to apply while levying water charges on member. From what I understand, the Cooperative Societies Act is silent on this however the bye laws say that it is as per the number and size of inlet per flat. What does this mean? Does this mean it is should be on the total consumption per flat or this means that it should be divided equally amongst the total number of flats in the society? Is it fair on the society of levy X amount of water charges on a family that has just 1 or 2 members and same amount on a flat that has 10 members? Is the final decision to apply water charges vested in the General Body and whatever decision has been taken by the GB in majority has to be binding on all ?
ajay sethi
(Expert) 12 January 2014
number of inlets per flat means number of water taps in your house for water . for instance a one bedroom flat will have fewer water inlets compared to a 2 bedroom flat. hence water charges for 2 bedroom flat having additional bathroom will be more than a one bedroom flat . the number of members staying in flat are immaterial
Rajendra K Goyal
(Expert) 12 January 2014
Any system adopted would be criticized by one or other member. Majority decision subject to law and bye laws has to be accepted in such case.
Anu Chaterjee
(Querist) 12 January 2014
All flats in our society have the same number of inlets and tap connections so then it means the water charges will be same for all the flats. This can't be the law. Water charges should be on consumption. So one person staying in a flat will obviously consume less water (despite having the same number of inlets) as compared to 10 people in one flat.
Anu Chaterjee
(Querist) 12 January 2014
Unfortunately neither the Act nor the bye law is very clear regarding water charges. In that case will be decision of the general body be the final decision and binding?
Devajyoti Barman
(Expert) 12 January 2014
You can dispute this by lodging complaint with Registrar of cooperative society. Let him take the decision after hearing both sides.
Anu Chaterjee
(Querist) 13 January 2014
Going to the Registrar is the last recourse but before that we can invoke Section 72 of the Maharashtra Co-operative Societies Act and decide by majority in General Body as to how we want the water charges levied on members. This will be the correct way to proceed, right?
T. Kalaiselvan, Advocate
(Expert) 14 January 2014
As the Author suggested, it would be better to decide about this issues and other issues which needs attention for impartial administration, a general body meeting of the society maybe summoned because the final authority of every society shall vest in the general body of members in general meeting, summoned in such a manner as may be specified in the by-laws.
V R SHROFF
(Expert) 14 January 2014
Law is clear.
Number of Main inlet entering your flat.
Usually all inlets are 15 mm [1/2 inch] diamater and only one inlet is given. Rarely there are two or three inlets.
Number of persons residing in flat or their consumption of water or not is IMMATERIAL.
YOU MAY DIVIDE INLET INTO DOZENS OF TAP [WASH BASIN , KITCHEN, TOILET. BATH, HOT COLD GEYSER] ARE IMMATERIAL.
AGM Had no right to decide it.
Water chg are divided per Tap, and charged.
Is it clear??
Anu Chaterjee
(Querist) 15 January 2014
No law causes inequality and injustice on anyone. The water charges again have to be like electricity and gas charges ie., calculated on actual consumption. If bye laws mention total size and number of inlets it should be construed as on "actual consumption". One member consuming water can never be equal to 10 members consuming water. And as T Kalaiselvan said, final authority is on the general body. Read section 72 of Maharashtra cooperative societies act.
V R SHROFF
(Expert) 15 January 2014
there are over 50,000 Regd. Co-op Societies.
Anu, can you name a single society that charges as per consumption.??? or as per persons residing in flat??
You want experts to "Read section 72 of Maharashtra cooperative societies act."
it reads " Subject to the provisions in this Act and the rules""
And bye Law are also subject to it and binding.
VIII LEVY OF CHARGES OF THE SOCIETY: SEC 71
(ii)Water Charges:On the basis of total number of taps/push cockers/or turn cocks/mixing taps/Flush taps/Showers taps etc, provided in each flat.
As Water is not supplied 24 hrs in majority of buildings , due to limited water supply thru municipality, it is supplied for a very limited time, and hence total inlets to flat is considered, and as equal type of inlets for equal duration is given, almost equal water is supplied to each flat, SO TOTAL INLET. USUALLY ONLY ONE INLET PER FLAT, WITH EQUAL WATER CHARGES. iT IS JUST AND PROPER, AND IS A LAW TOO.
WATER SUPPLY VARY SLIGHTLY, DEPEND UPON PRESSURE OF WATER , MORE TO GRD FLOOR, LESSER TO TOP FLOORS. But such small variation cannot be considered as not practicable.
AGM cannot go beyond bye-laws signed by all memberes and registered accordingly.
Over and above, this EXPERTS SITE is not for discussion or forum,
Just ask your Query, Don't comment on who is right or wrong, or try to ask us to read laws.
SHOW ME ONE SOCIETY THAT FOLLOW WHAT U SAY..
OR BREAK YOUR HEAD WITH ALL CONCERNED, AND REALISE THAT WHAT IS STATED HERE IS TRUE, COMPLETE AND BINDING. AGM IS deriving it's power from ACT, and AGM is not above the act or laws or bye-laws.
I understand u could not read BYE-LAWS, as none of your 35 members of Society allowed you to read it..
bye-laws.
Number of persons IS ABSOLUTELY IMMATERIAL . QUANTITY OF WATER USED IS ALSO A TOTALLY IMMATERIAL AND IRRELEVANT. It does not affect water charges.AGM cannot decide the matters already decided by LAW.
LAW IS SUPREME. (NOT COMMON SENSE )
no wonder all the Managing committee members of your society resigned, So that u learn Co-op Society Act and Bye-Laws.
Don't expect us to teach you. WE DON'T TEACH HERE.
BETTER YOU READ YOURSELF.
GOOD LUCK
V R SHROFF
(Expert) 15 January 2014
TK SAID "as may be specified in the by-laws."
YOU STATED "The water charges again have to be like electricity and gas charges ie., calculated on actual consumption"
IT IS YOUR THINKING, NOT LAW .
WE EXPERTS HERE ARE NOT CONCERNED ABOUT WHAT HAVE TO BE LIKE.
Law making is a job of Parliament, WE have to practice it. "RIGHT OR WRONG" .
SOCIETY MUST HAVE TOLD YOU "OK YOU MANAGE, We hereby resign, break your head" Is'nt it so???
and hence you want to know from us "Election Rules , and Water Charging procedure..."and asking us to read sec 72 of ACT... FINE: PL CARRY ON..
LET'S SEE YOU CAN CHANGE THE ACT AND RULE AND BYE-LAWS..as it should be..and fix water meter to each Flat.. read every month, calculate..and charge (as u can't profit out of it,) so divide exactly as per BMC Water bill.. and someone will chellenge water meter, so re-validate it thru weight and measure act, and found faulty, get arrested and be in Jail! fine carry on...
ajay sethi
(Expert) 15 January 2014
madam you are mistaken . it cannot be as per consumption . read act and bye laws carefully . AGM cannot over ride provisions of act and bye laws
Anu Chaterjee
(Querist) 16 January 2014
I dont agree with Mr Shroff clearly on the point that water is supplied equally by the society to all members? How does society do that? Water enters into a particular flat from the same number of taps that are provided in each flat ONLY WHEN THE TAPS ARE OPENED BY MEMBERS. So its wrong to say that equal water enters in each flat. Only when the member is in need of water, the taps are opened and water is used. So its clear that one member will need less water than 10 members. Yes, its difficult for the society to figure out consumption and therefore some viable solution and just and fair way has to be adopted by the general body. What 50 K societies are doing is not the law. Also the bye law just says that water charges have to be applied as per total number and size of inlets. The bye law have never said it is per flat wise or area wise. So how to interpret the meaning of "total number and size of inlets" is open for discussion and if anything is unclear, then the Act gives the right to the general body to decide on it. We are just having a healthy discussion here so there is no need for any EXPERT to get agitated or insulted by what any member writes. This is democracy. If you wish not to reply, you can keep quite on the topic. And if you really want to prove your point then please point out some precedent or case law to support your stand. Appreciate your help.
Hemant Agarwal
(Expert) 02 April 2015
IRRESPECTIVE of the original query being a year old: INTROSPECT ON THE FOLLOWING :
1. The bye-laws of the Society "can" be "amended" to "ANY" level, to suit the majority decision, in a duly called AGM /SGM. Such bye-laws would have to be subsequently be mandatorily registered with the Coop. Registrar.
2. The above is more so possible, since the Coop. Act and Rules have no standing relating to the consumption charges of water usage. The criteria of charges of water is left to the bye-laws.
3. In many Societies (more specifically in Vasai /Virar /Naigaon (Thane District, Maharashtra), members pay by actual consumption. This is possible due to individual water meters installed for each Flat, at the terrace level itself. In many lay-out plot owned Societies in Mumbai (Goregaon /Charkop /....), the individual row-houses have their own water-meter and pay water charges by actual consumption.
4. Hence technically what the querist (Anu Chaterjee) wants to achieve can still be achieved, subject to various parameters.
Meanwhile, read the following link, to get more clarity on "bye-laws" of a Coop. Society:
http://hemantagarwal21.blogspot.in/?view=sidebar#!/2013/09/bye-laws-of-coop-society.html
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
V R SHROFF
(Expert) 24 October 2015
SO WHAT IS FINALLY ACHIEVED?? DID YOU GET UNEQUAL WATER BILLS FOR YOUR CO-MEMBERS OF THE SOCIETY?? ANY COURT ORDER PL.ANY REGISTRAR ORDER PL..
OR
AGREE
