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Bhaskar (VP)     09 January 2011

DTH Dish installed on terrace

My society has passed a resolution for removal of DTH antenna on terrace. Other members have installed on the window grill, my flat facing WEST side, if installed on window grills will not receive signal, as dish would be facing the structure, thus i am as well as all those residents facing West are deprived off any DTH services of their choice. I have suggested the committee for alternate option to allow me to have the dish on Terrace without fixing on the terrace wall or construct a structure similar as the mobile tower is installed to allow all affected members today and in future to have the option of going for DTH services.

The committee refuses to consider any option thus leaving no choice but to go for Cable connection. I do not want to go for a cable service, I have doubt that the purpose is not only to safe guard the building property from getting damaged due to such installation, but also to force members to take cable connections. Please advise my RIGHTS against this resolution and can i have my DTH dish on terrace without fixing it on any wall.



Learning

 3 Replies

Praveen Chitnis (Proprietor)     10 January 2011

Hi

 

Please check if your society has gone in for water proofing the terrace. If so then the guys who give the guarantee do so with the condition that no nails will be hammered into the parapet or flooring, doing so will make the guarantee void. In that case you can modify the fittings so that the base of the dish is “clamped” onto the top of the parapet wall without nails. Maybe your society may consider this option. The society is within its rights to pass such a resolution if it has to follow the terms of the guarantee for waterproofing.

 

Alternately if you have excellent relations with your neighbor who has a dish facing the right direction you could request him to fit a multiple output LNB on the dish, which can be purchased by you, and run a cable from the outside to your receiver (STB), effectively using his dish. These LNBs power up from multiple receivers so there should not be much of an issue regarding power sharing.

 

Well hope that solves your problems without getting into any litigation. Just curious, is there an issue with your cable guy. With the latest digital services that are offered by them the clarity is at par with any dish. A Pune operator is also providing HD service. The rates are also very competitive. Most of the adverts for dish tvs are very misleading about the rates and one discovers after purchasing it that average rate is Rs 400/- per month for a full package. Tata sky offers a yearly package for a whooping Rs 5500/-. All dish companies charge extra for the movie showcase (Rs 50/- to 70/- per movie).

 

Anyways all the best, let me know how it goes.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     10 January 2011

I do not want to go into the various options suggested by Mr.Chitnis. I do not have the knowledge either for that purpose.  I shall limit myself in trying to answer your specific question.

 

In the first place where is your building located: in Mumbai, in Maharashtra or elsewhere?  In the absence of such information my answer is based on the assumption that your building is located at least in Maharashtra. Is your building newly constructed, if not, how old is it?

 

In good old days, terraces of all buildings used to be criss-crossed with radio aerials. Later when Door Darshan came there were TV antennas. Later TV antennas vanished with the arrival of Cable-TV. Even then with cables running all over the terrace, it gave an unsightly appearance.

 

Was the order to remove the dish-antennas passed by the Managing Committee or the General Body? If it was by the latter, was the stipulated number of days of due notice given for General Body Meeting? Was the proposal to remove the dish-antennas specifically and clearly included in the agenda in the Notice for the Meeting? If so, was the matter discussed at the meeting giving reasons and was a formal resolution adopted giving the reasons for the decision? Has any order been issued with reasonable number of days of notice to members asking them to remove the antennas themselves?

 

If dish-antennas were already there on the terrace of the building with no objection from the Society so far and if the answer to any of the questions above is “No”, you have a good case to contest.

 

If you are already having a dish antenna on the terrace, first write to the Society asking them not to remove it without giving notice to you and giving you an opportunity to satisfy yourself of the reasons there-for and to remove antenna yourself.

 

You also write to the Society asking under the provisions of which bye-law, Section of the Act or Rule of Rules, the decision was made. You also state that if the Society does not give a satisfactory reply within a number of days specified by you or take unilateral action, you will complain to the Registrar of Co-operative Societies against the Society. If there is no law under any of the applicable laws, the law of precedence will come into effect. In any case all depend on what reply the Society gives.

k.kumar raja (advocate)     22 January 2011

i agree with ramani from his 4th para.


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