Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Usage of lpg cylinders in societies with piped gas facility

(Querist) 02 September 2021 This query is : Open 
I am a flat owner cum resident of a gated community in Hyderabad, the society having nearly 750 flats where builder has provided provision for Piped Gas (Normal gas cylinders stored in a place and connected through pipeline to individual flats). During sales the builder orally said that the provision for piped gas is given and interested residents may use the facility. Those not interested can use individual cylinders supplied by Oil Companies / Gas Agencies. Even the Agreement of Sale did not have any condition for usage of gas except for mentioning that the provision of Reticulated Piped Gas is given by builder.
Currently the builder is maintaining the project and its maintenance through 3rd Party (external agency) by 2 years advance funds collected from flat owners toward maintenance. Even though people have been residing in their flats since more than 2 years and registration of 90% of the flats completed, the builder has been postponing the RWA formation and handing over of Corpus Fund to the RWA citing various reasons.
Of late, builder has made a rule saying that since provision for Reticulated Piped Gas is given, all residents have to compulsorily use the facility and no cylinders will be allowed in any flat. For the new flat handovers, they are getting a form signed towards acceptance for using piped gas. If not signed, flats and not being handed over. There is also no transparency on the charges of piped gas and various issues on proper supply. There are currently 500 residents in the society and nearly 60 using gas cylinders. When the builder was asked that if there is any Govt. Order or Notification that says that LPG Cylinders cannot be used is societies where there is facility for piped gas, he denied the same but said that Fire Department has such a rule that LPG Cylinders cannot be used in societies where there is facility for piped gas.
I have only 2 queries at present:
1. Is the builder justified in forcing residents to use Piped Gas facility and denying door step delivery of cylinders to the residents
2. Is there a rule from the Fire Department that LPG Cylinders cannot be used is societies where there is facility for piped gas.
I would be very thankful if the above queries are answered.
Dr J C Vashista (Expert) 03 September 2021
Too long a story for consideration and obligation.
Be brief and specific otherwise consult a local prudent lawyer.
kavksatyanarayana (Expert) 04 September 2021
To my best, the Piped gas is not mandatory. But when you negotiate with the builder at the time of buying the property, now asking the query is no use. Without knowing the terms and conditions, how did you buy the property?
BN (Querist) 07 September 2021
My 2 short queries are as follows:
1. Can a builder force residents to use Piped Gas facility and denying door step delivery of cylinders to the residents
2. Is there a rule from the Fire Department that LPG Cylinders cannot be used is societies where there is facility for piped gas.
Thanks


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now