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dasore   14 July 2015

Members against members in rwa

Dear all

I am a owner/resident of a community where there are 2 RWA running(lane 3 is one RWA with 25 houses and lane 1 and lane 2 with only 17 houses) under a umbreall of larger RWA and there is one president for both RWA. This separation is because of lane 1/2 and lane 3 not agreeing on cost distribution.

Now i live in lane 1 and i bought a house from developer where there were no poles infront of my house....All in lane 1 decided to put lammp posts/poles on other side of lane 1 and lane 2 where as there was lamp pots only on one side of lane 1 and lane 2.

I bought the villa on the sales pitch of the developer that my house is premium and is free from any poles.lampost in front of the house and since i beleive in vastu and feel that having poles near to house is not auspicious i paid preimum too.

Now few residents in lane 1 and lane 2 decided to put lammposts on other side of each lane to make it symmetrical. I  politely requested not to do that as i has paid premium for my house as it had no poles in our side of the lane and near to  my house....However the RWA decided to against my polite request and placed a pole on my side of lane...and are demanding payment for the same too....I disagree to pay and am demanding the removal of pole(whcih was placed on my  back when i and my family were on holiday)....On coming back when i raised this issue everyone gathered and became against us.....I do agree it looks nice because of symmetrical reasons but still i had my reservations due to vasstu and also as i had premium.

RWA has not taken any approvals from developer, DTP or any authority for his placing of 6 lamposits on my side of lane 1....

What are my rights and what can i do to get the poles removed!!!??? Besides the harrasmment that i am getting from RWA of paying for the same and if i do not pay they are saying they will cut my electricty/water and other services.

The electricty bill is being paid direclty to developer and not to RWA which i am paying always on time. The CAM charges also i had been paying on regular basis till this issue happened???

But now due to this pole issue .....things have spiralled out of control and i seek support/suggestion from this forum/www....

I am still willing to pay CAM charges on regular basis as i always have been a paymaster and my intention is not that i dont want to pay CAM but ony that the poles should not be near to my house....

Can i exit the RWA as i am paying the electricity charges to developer ?? Can i go to court to get the poles removed??Or should i also use force to remove poles and then next day take a stay application from court???  Should i exit RWA and also not pay CAM giving the genuine reason why i am exiting and give a confirmation that i will pay once the poles are removed??!!

Please advice

Rgds

 

Dasore

 



Learning

 3 Replies

Atul (manager)     14 July 2015

Cutting electricity on any issue apart from non payment of electricity bill is a criminal offence since electricity is an essential item to live and sustain healthy living conditions.

RWA has no powers under the law of the land to bully residents who only mandate the working of the RWA for the welfare of the residents (and not only members).

Now onto community living:

At times, to build healthy community feelings; residents do sacrifice few of their aspirations for that larger goal. I suggets if you really can not afford an act of the RWA that troubles you and you are convinced even after giving due considerations to such community feelings and for you such acts of RWA remain intolerable then as a first step have a dialogue through a mediation and on its failure take legal recourse only as a last resort.

 

 

dasore   15 July 2015

Dear Atulji

Thanks for your comment/update on electricity and noone has power to cut the same, till the electricity is being paid.

What if RWA out of ignorance or individual in colony does, that action should i take??

Thanks. I did approach the lane members with few polite requests keeping in mind healthy community feelings but still the poles were installed. I had paid premium of 4 lacs to developer who did his sales pitch that there will be no pole installed in our side of lane and is our premium corner side house.....Should i also use force to get the poles removed and then take  stay application in court not allowing the poles to be reinstalled. Because if i first go to court it could take years for the poles to be removed!!!

dasore   15 July 2015

Dear Atulji

Thanks for your comment/update on electricity that no one has authority to cut the same, till the electricity bill is being paid.

What if RWA out of ignorance or individual in colony does cut my electricity, what action should i take??

Thanks. I did approach the lane members with few polite requests keeping in mind healthy community feelings but still the poles were installed/forced on me and near to my house.  I had paid premium of 4 lacs to developer who did his sales pitch that there will be no pole installed in our side of lane and is our premium corner side house.....Should i also use force to get the poles removed and then take  stay application in court not allowing the poles to be reinstalled. Because if i first go to court it could take years for the poles to be removed!!! What are the options open to me and what should i do


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