India, a signatory to the Paris Agreement that aims to limit global warming to 1.5 degrees Celsius as compared to pre-industrial levels, has made an ambitious pledge of achieving net-zero carbon emissions by 2070 at the CoP26 meeting. Highlighting the policy of Government of India to reducing carbon emission issue them a notice seeking permission to install a socket for recharging. You can retrieve such polices online, awe them involving broader goals of world community to reduce global warming. You might have used all tact, that is why you are here. There is also contractual obligation on association to provide you such facility without discrimination.
Owner's Association in Apartments
Hello - I live in a large 1500+ apartment complex in Bangalore, Karnataka as a tenant. I recently booked an EV (two wheeler electric vehicle) with an intention of reducing my carbon foot print. My two wheeler is ready for delivery. Yesterday when I contacted our Apartment's Owner's Association Estate Management Office to ask for the procedure to give me permission to get the EV charging docket installed, they said they've stopped giving the permission as they're thinking of installing community charging stations with no definite implementation timeline. There was no formal notice about they not not giving permission for my said request. Moreover, they've given permission to several EV owners in the recent and distant past. This has now put me in a state of inconvenience as I've paid for the EV in full and my vehicle is ready for delivery. Any suggestions to handle this tactfully and legal will be highly appreciated. Thanks! Best, Bala.
Asked 2 years ago in Consumer Law
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
6 Answers
Issue legal notice to association to grant you permission for installation of EV charging docket as other flat owners have been granted permission to do so
2) in alternative install community EV charging stations within period of 15 days or so
3) if no permission granted file complaint against association before consumer forum and seek orders to direct association to grant permission for EV charging docket
If the association management committee is not supporting or cooperating or entertaining your request and if you have evidences to prove that the said facilities are still being extended to those members and they continue to utilise the said facilities, it would be better you put your request in writing, create a record, send the written request by registered post if the committee is not willing to accept the request or acknowledging the request.
If there is no reply for your written request then you can resort to legal action by sending a legal notice demanding the said facility at par with the other users of the same complex and failing to comply with the demands made, you may approach the consumer forum as a tenant also, you need not be a owner for this purpose.
You are entitled to file a consumer deficiency case against the association on the basis of the occupant of the complex and being thus entitled to the facilities extended to all the occupants of the complex.
Try filing complaint to municipal corporation, dy registrar of co-op society or consumer court
No association can legally lay down such arbitrary rules. Certainly, there will not be any such provision in the bylaws. Ask them in writing to make arrangements for a community charging station within a reasonable time or alternatively allow you to install your own charging socket. Mobilize the support of fellow-residents and voice your protest.
- As per law, a society/Association has no legal authority, to issue moral, ethical and social diktats to its residents.
- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.
- Further, the Association shall frame rules, regulations and procedures for its common areas and facilities as well as frame guidelines of restrictions and measures designed to prevent the unreasonable and improper use of facilities and common areas which will interfere with the peaceful occupation of units by respective Owners / Residents conducive to day to day living environment.
- Hence, if that vehicle will create disturbance for other owners then the association can refuse for the same
- If no such trouble for others , then the refusal of the association is against the rule , and you can ask for the resolution passed in the GBM
- If no positive response, then you can file a compliant before the Registrar.
