• Issues in old society

We are living in a society that is approximately 40 years old, and amongst the several problems, there is a critical problem we face on which the committee is taking no action despite years of requests. 

The pipes of our society have not been changed since the beginning and several members are facing very low pressure to almost no water at various times in the day and society keeps refusing to change the pipes. We also suspect that there are direct pipe connections installed from the water tank to the chairman and secretary's house. 

i want to know what we can do legally to make the committee atleast immediately change the water pipes so that everyone has proper water supply with decent pressure.
Asked 3 years ago in Property Law
Religion: Hindu

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6 Answers

Complaint letter to District Deputy Registrar of Co-operative societies of your ward

Yusuf Rampurawala
Advocate, Mumbai
7765 Answers
79 Consultations

1) raise the issue in AGM 

 

2) if majority of members are in favour of changing of pipes society is bound to do so 

Ajay Sethi
Advocate, Mumbai
97605 Answers
7901 Consultations

- As per law, Society is a voluntary organization set up from among the elected members of a housing society and is re-elected every year, or after a set period decided by the general body of the RWA through a voice vote.

- Further, since Society is a legal body, registered under the Societies Registration Act, 1860, hence one can sue against its function, if not performing well.

- Further as per rule of the Societies Registration Act, any society registered under this act may sue or be sued in the name of the president, chairman or the principal secretary , as determined by the rules and regulations of the society and, if no such posts have been established, then in the name of the person appointed by the governing body of the society for the occasion.

- Further, as per the rules of the Societies Registration Act, any member or non-member can file a complaint.

- Further, the Registrar of Societies is bound to take action against the errant society on a legitimate complaint.

- Hence, you can file a complaint to the Registrar of Societies after narrating your concern against the society. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

Dear sir,

1. You can send a legal notice to the members of the committee for fixing the issue.

2. if they don't comply to it , you can approach to the municipality or the co-operative court or the Consumer court

3. you can also Approach the office of the registrar to remove the managing committee members.

Thank you

Anik Miu
Advocate, Bangalore
10422 Answers
121 Consultations

You collect the other aggrieved members and issue a notice to the secretary to conduct an emergency meeting keeping this subject as agenda to discuss in the meeting.

In the meeting you can raise this issue, discuss about the modalities including using the corpus funds to get the pipes replaced  or to collect funds from all members to replace the obsolete pipes with new ones  and other issues that are related to this subject, get a resolution passed to this effect after that the society will have to execute the resolution as agreed upon.

 

T Kalaiselvan
Advocate, Vellore
87806 Answers
2365 Consultations

The remedy in your hands is to file a suit for mandatory injunction in the civil court.

 

Ashish Davessar
Advocate, Jaipur
30814 Answers
974 Consultations

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