Society demanding water charge payment for non-occupied flat
2 years ago
Flat in Bangalore is unoccupied for the past 9 years 90% of the time. Main source of water is tanker water. 30-35% of the maintenance ~Rs. 1500-Rs. 2000/month is towards water charges. I've been insisting on water meters per flat but MC comes up with some reason for deferring it. 2019 MC got majority votes from residents to get per flat water meters implemented. But, 2020 MC reversed the mandate stated various reasons for not pursuing flat wise water meters. Instead they installed single meter for each block and worked a proposal to divide the cost equally among the flats in the block. Now, for the past quarter they separated the water charges from maintenance. I have not paid the water charges as it is a utility. Despite request for withdrawal of these charges, MC has put me in the defaulters list. Never defaulted on any payment. What are the legal implications here? How can I protect and safeguard my stand on this? Any issues when selling the flat? Please advice. Thanks
It is commonsense that the Society ought not to have demanded water charges if the flat is not occupied. If such demand is made you may approach concerned department and raise a complaint and the Society cannot stop other basic necessities to the flat, in future.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
If the society members have agreed in majority to pay the water bill as per the agreed terms, then you are bound by that decision. You will have to pay the water bill, otherwise, the MC can approach the registrar of societies, and take legal action against you, in order to realize the due amount. The registrar of societies, can auction your property if you still refuse to pay the bill amount.
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As per you, the majority consensus has agreed on the single water meter per block, and they have worked out a formula to share the bill, then you are bound to pay the bill, as the decision is decided on the majority votes. If you do not pay the bill amount, then the MC can approach the registrar of societies, to recover the dues. If you refuse to pay, then your home can be auctioned off in order to recover the dues. So, in my opinion you should pay the bill amount.
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