We stay in builder flat total 6 flat 3 front 3 back, we are on top floor. we 6 flats have 4 water tanks on roof. but being on top floor we were always facing water pressure problems. thus installed separate tank on our roof which is being filled simulatnously with other tanks. we actually disconnected our pipeline fm common tank and connected to the new separate tank on our roof. the other 4 out of 5 flats are pressing us to pay more than half of all expenses like electricity bill plus any repair job in motor or submersible pump. which we are not agreeing to because our point is that use of water is similar as when we are using from common tank. installing of separate tank was forced decision as we hardly got water when taps were being used in ground floor or first floor. Now my question Can we approach Lok Adalat directly without filing any involving in district court,? or alternatively please suggest some lawyer so as we can file declaratory suit in this regard.
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1. Loke Adalat is not a judicial body to pass judgment,
2. It is a reconcilliatory body to settle disputes,
3. You can file it before Loke Adalat but you can hardly expect that the otherside will attend to the hearing or if attends will comply with the settlement made by the Loke Adalat,
4. However, if you do not get any fruitful result from Loke Adalat, you can approach the Civil Court.
1)you have stated that there are 6 flats in building and 4 water tanks installed . since you were facing water problems you had separate water tank installed .
2)maintenance of common water tanks is the joint responsibility of all flat owners . you cannot shy away from your responsibility from shelling out money for maintenance of common water tanks merely on ground you have installed your own separate water tank .
3)if you have any grievance you can file suit in district court . with consent of parties dispute can be referred to lok adalat .
4) if no settlement is arrived at dispute would be referred back to trail court for disposal .
5) your chances of success are bleak .
6) for lawyers in Ghaziabad you can search in kaanoon website for lawyers practising in said area . MR N addem Qureshi Advocate s from Ghaziabad . you can contact him if you so desire .
Dear Client,
1. No, you cannot approach Lok Adalat directly without filing case in civil district court.
2.For your case remedy is in civil courts only.
3.for finding lawyer search list of lawyers of kaanoon web site for ghaziabad .
You can only file a suit in the civil court seeking direction to pay common maintainence amount. You can't approach lokadalat as it not a body to pass order in these problems
Hi, you have to file suit before the District Court for your grievance.
Hello,
You need to approach the civil court for direction to settle the dispute.The fact is though you installed a separate tank as otherwise you wouldn't get sufficient water you are still liable to contribute towards the common maintenance which would include common water tanks.Now of course to reach a sort of settlement you need. To move your petition before the court and the court in its discretion can refer to lok adaalat.In Such matters it is always advisable that you find the middle path and avoid dragging it to the court.
Dear Mr Sethi Really appreciate your detailed reply. Seems I was not clear in my message. We are not refusing to pay the electricity/maintainence charges of common tank. We actually disconnected the supply line which is coming directly from common tank to our taps and connected same to the separate tank. So the water, instead coming directly to our taps now re-routed thru separate tank. They are insisting us to pay all expenses in 3:1 ratio ie against their contribution of 100/- each, they want us to contribute 300 rupees, while we prefer to pay equal amount as other are paying because, 1)There is no change in consumption. The only change is water is getting stored in separate tank and from there its being supplied to our flat. 2)Also with the help of mathematics we tried to explain to them that filling 5 tanks simultaneously consume less electricity than filling 4 tanks. As 4 tanks are required to be filled more frequently than 5. Thanks your guidance in advance.
dear client,
pay in equal ratio and not 3:1 as wrongly demanded by other flat owners, as ur consumption of water is same.
1) the issue of payment of expenses in the ratio of 3:1 does not arise . at most you have to pay equal maintenance charges for water tanks .
2) you ask the other flat owners to give in writing that they want you to pay in ratio of 3:1 . in reply you can mention that you are willing to pay equally .
3)let them move court . you should not take the initiative of going to court .
1. You cannot directly move the Lok Adalat bypassing the district court. Lok Adalat is not a judicial body. The case has to be filed in Ghaziabdad district court which can thereafter refer it to lok adalat if a consensus is reached.
2. Considering your case on merits it seems very unlikely that you will get a favourable order from any court. The common water tank caters to the needs of all the flat owners. Maintaining it is the collective responsibility of all the owners. It is indubitably open to any of the flat owners to install a separate tank if the common tank does not cater to his needs. However, this does not endow him with the right to refuse to contribute his part to the maintenance of the common tank. None of the flat owners can shirk his duty to maintain the common tank irrespective of the installation of the separate tank by him. This is the view which the court will in all likelihood take.
3. To find out the lawyers you may contact Mr.Nadeem Qureshi whose contact details can be obtained from the administrator of this site.
1. You are not liable to pay more than the other flat owners. Maintenance charges have to be born equally by all of you.
2. You should refuse to pay the sum which is more than your equal contribution to the maintenance of the tank. If any legal notice is issued by them file your reply. Let them move to court if they want to make you liable to pay in the ratio of 3:1, whereupon you may contest their claim.
You need not pay more amount all are bound to pay maintainence amount equally. File a writ in the high court against the same
Hello,
Since your calculations are in place there is no reason why you should pay anything more than what you ought to pay and by no means a ration of 3:1.It is arbitrary on the part of the other flat owners and unjustifiable by any standards.
Just refuse to pay and in case that attracts any legal action you need to respond appropriately and defend your position.
1. Since out of 4 water tanks, you have relinquished your tank and constructed your seperate tank, ohers have considered that your one tank is equal to the balance 3 tanks in maintenance and consumption of electricity,
2. They have considered your tank as one unit against the ramaining 3 tanks (after your relinquishing your tank) which are also jointly considered as one unit,
3. Collect opinion from technical experts like electrical engineer about the said expenses and address their undue claim accordingly.
In my opinion asking for more energy charges and maintenance charges that too half of the total expenses is not justified. You should not go for litigation at this stage and wait till any action is taken to disconnect your water supply then move the court. Lok Adalats are ADR method and if any order is passed upon a settlement arrived at between the parties, that is enforceable.
Dear Querist
there is any registered society or not? if yes then what are the terms and condition of the maintenance part in bye laws of the society.
contact personally or over the phone.
