Issues with the co-owners in an apartment.
Querist :
Anonymous
(Querist) 22 February 2024
This query is : Resolved
We bought a flat in Garia in 2017, paying all necessary charges extra for electricity. We got our possession 2018 on the industrial meter as the builder had no provision for the domestic meter. Since then we have been residing on a sub-meter and finally in 2022 sometime, a construction meter was installed after failing the quotation for 4 times, few flat owners of the apartment, paid for the transformer. We were not a party to it, as we understand it would have been a prize to the builder for not completing his responsibilities for more than 5 years.
After the transformer was installed, the builder gave us our regular connection and created no trouble for booking our electric meter from WB State Electricity; however few flat owners created some fuss by disrupting our electric connection on 3rd Feb at midnight. Finding no solution we had to rush to our local police station and we lodged a General Diary. The police officials came to our apartment, put the situation in status, and asked us to move to the legal way to resolve this matter. Accordingly, we contacted a lawyer and he drafted a letter to those flat owners including our developer asking for a reason for such a nuisance. The lawyer of the two flat owners out of the three has responded, stating that whatever I have mentioned is completely false as no such incidents occurred and it was just a mechanical fault.
I understand if this matter goes further in court, the police officials may be asked to give their opinion on this. If we take a worse situation that which the police officials do not respond properly, can this be taken forward, if my GD was incorrect against them, why did the Police Officials not take any action against me?
Truly speaking the CC TV of our apartment does not work, and most importantly, I do not know if the other flat owners would be interested in getting into any litigation and giving their opinion.
Now that I am no more interested in any litigation, my purpose has been taken care of. The Electric Meter in my name has been installed; however, if those parties file a case against me asking me to pay them back Rs 45000 for their lawyer charges as they say it was an unnecessary expense that they have made since I have accused them illegitimately, so in such a scenario I will defend and take my actions accordingly.
kavksatyanarayana
(Expert) 22 February 2024
So what is your problem now? You already consulted a local lawyer and you again consult him as he knows the full facts of your case.
T. Kalaiselvan, Advocate
(Expert) 22 February 2024
You don't worry about the charges for legal notice.
If you remain silent without pursuing the matter any further. they will also decide to put a full stop to it.
In case they don't, then you can move forward on the advice of your own advocate.
Querist :
Anonymous
(Querist) 23 February 2024
My main concern was to get my electric meter installed so I have done. In that process, I had to spend money for a lawyer's notice which I have done. Now my purpose has been resolved. Hence I have no interest in pursuing a case against them unnecessarily. I understand that the reply they have sent to my lawyer via their lawyers is just to satisfy their ego and also they might have a feeling that doing this, I might think of putting a case against our developer which in turn will benefit them. In no such scenarios, am I interested in filing any case against anyone as my purpose has been solved.
I am just thinking in less than a 1% chance if they file a suit against me with an issue that I have sent them a lawyer's notice, so they also had to hire a lawyer and it cost them Rs 45000, so I will have to pay that then as a defense to prove that chaos was created by them on 3rd Feb night and we had to rush to the police and we have filed a GD, the police came, etc, can we use them as a piece of evidence?
I mean if electricity was interrupted due to technical fault
1) Why did I rush to the Police and file a GD?
2) Why did they not mention this mechanical fault to the police when they arrived at our premises?
3) How come if I have submitted a wrong GD, the Police department has not punished me?
T. Kalaiselvan, Advocate
(Expert) 23 February 2024
There is no action taken by the police yet and also the opposite party also remain silent about this issue, hence you may not disturb this situation with your unnecessary worries which will be nothing but you are reopening the trouble
Querist :
Anonymous
(Querist) 25 February 2024
Sure. But I have one more concern. Just today I heard that these guys are even planning to form a committee. Let me tell you that the builder has not completed the project and he has not handed the maintenance deposit and security deposit. Under any circumstances can 4-5 people form a committee without any vote or taking approval from all of the flat owners? And what are my options to restrict that?
