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Unknown (Others)     26 April 2023

Fixing motor pump inside flat(within individual flat) is legal or illegal

Is it legal to fix a motor pump inside a flat (3rd floor) for drawing water from the overhead tank of an apartment which has 12 flats.

If its not correct what should I do to raise a complaint legally. Because association is aware of such act and unable to stop it.



Learning

 6 Replies

Bhabani Prasad Pujary (Asst.manager)     26 April 2023

You can file a complaint against the owner before the competent authority under your state law relating to Housing society annexing your grevience copy filed before the society, which was nver heard.

Genrally Dy.Registrar is the authoirty under the Housing Society Act/Apartment ownership Act 

Unknown (Others)     26 April 2023

Thank you Mr Bhabani Prasad for your view/reply. But I want to know whether it is legally allowed or not to fix inside anyone's flat . So I can make firm step to complaint against the neighbour .

P. Venu (Advocate)     26 April 2023

What are the facts? What is the context?

Unknown (Others)     26 April 2023

My apartment consists of 12flats. Ground+3. 8 2bhk+4 3bhk. One of 2bhk member in 3rd flr had fixed motor pump inside her flat without anyone's knowledge in 2011 when she bought flat and came in. We all staying since 2005 from the beginning. I have witnessed it when i visited once inside her house but didt not realise that would make different impact until we faced serious earthing problem in our building due to EB lines collides wrongly somewhere. 

From 2005 to 2011 we didt face earthing shock insjde bathroom pipelines. Only from 2011 We started facing earthing problem in our flat(first floor) and one flat 3bhk(3rd floor). So we brought EB professionals and checked several times and was told by all that there was somewhere in one building electrical lines collides wrongly and has to be found out which flat it is. That procedure took long process and time to idetify which house has eb lines collides wrongly and association didt addressed our problem since it was only felt inside our house and lathargic/bias approach handled in our complaint. Also no one cooperated to us to address our issue.

 For 8 years we suffered with severe earthing problem which felt in our bathroom due to someone's mistake somewhere exist. 

Then at one point of time it came into mind that there could be reason that to check 3rd floor motor pump connection be the reason for such wrong earthing problem and we started raising our objection from our side and brought to association knowledge to make it remove . Explained how it affects others in terms of (1)water shortage(2) large risk of life threat when electrical lines collides with already builder made lines due to interconnection of motor pump (3)the same earthing shock felt by all others in 2018 . All these made realised the earthing problem to address it and someone made the 3rd floor member to disconnect the motor pump due to this earthing problem could be reason for it.

The owner of that flat being single lady(widow) and working for PSU group 1 officer, no one came forward to prohibit such act except us keep complaining the installation of motor pump inside house is wrong. Since we raised objection and made association aware of such mistake pointed out repeatedly she pretended showing as if she removed it. We dont know whether it is still exist or not as it is inside house and not able to step in n see since we complained abt it. Now her neighbour of the same 3rd floor supporting her action and  trying to follow the same method installing motor pump reasoning less water flow for him too.

There is already water filter attached in the terrace which connect from common overhead tank and filtered water are routed to all 2bhk lines and 3bhk lines separately.

Instead of finding a way to know where really problem exists and  how to resolve water flow for them, I feel they are choosing wrong method of installing motor pump which ultimately make all others suffer at one point of time. 

Inspite of our repeated complaints raised to association to not allow such installation method for one person, now 2nd person join hands to follow the same method.

Now my question..

1. Is it legally allowed to fix motor pump inside individual flat (connecting in the bathroom pipe line) to draw water flow since they are not getting full flow like ground or first floor??

2) if not legally allowed how will I enforce or raise complaint legally to stop it. Pls advice the way/procedure for it.

Thank you

aayush kuchhal   04 May 2023

Hi,

I have perused your query. Anything interfering in the structure of the building because of which the durability is affected is illegal. There are many ways you can proceed with this. First of all, you can make a written complaint before your area's association.

If the association fails to respond, then you can proceed with the police by filing a written complaint under sections of Indian Penal Code, 1860. If the police does not respond, you can proceed with filing a complaint with your jurisdictional magistrate.

 

On the other hand, you can file a civil suit in your jurisdictional court for mandatory and perpetual injunction..

 

Feel free to mail us, should you have any queries. aayush.kuchhal@gmail.com

Unknown (Others)     04 May 2023

@AAYUSH KUCHHAL Sir thank you for your clear details regard to my query. 🙏🙏. It is definitely of great help to understand how we can handle this type of situation and thank you once again.


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