query of civil law related to non regd.society from actioning on ceretain privileges of other owners-To,
Honorable Chairman,
NORTH District Legal Services Authority,
NR.PANAJI RESIDENCY,
Tiswadi-Panjim.403001.
Subject:Sound Legal Opinion and Guidance on next course of Action
Sir’s/Madam,
I am Bindu Vasudevan(Bindu Ghosh-post Marriage),resident of St.Inez-Happy Home Building.
I had purchased a 1047 sq.ft of Carpet Area-3 BHK flat in Happy Home,St.Inez,Opposite Govt.Qtrs.
The year was 2004,21st Sept. Was the exact date when Sales Deed between me and erstwhile owner was executed.Till 2018 the flat did not see any one residing except my old ailing mother -.I had taken a loan of 10 Lacs on the same property mortgaged to ICICI Bank Panjim, with monthly emi component of 10,130/-per month to be payable on every 5th or before 6th of each month.
I was working till 2010-June, as senior manager in Erstwhile Casino Goa and present day Delta corp.owned Caravela.
Post 2010 I am umempoloyed to nil source of income.I had my mother and my sister as dependents till 2017 August,when my mother passed away naturally.
Till 2017 from 2010 I was entirely dependent on my spouse income which was also sometimes not available due to his loss of job, or in between jobs in this dynamic challenging world.Moreover I have three minor children -aged 4 yrs and 8 years -total three children.
The erstwhile owner had while disposing off the flat- probably- did not close the arreras payable for the water connection in PWD office and thereafter all these-14 years or so- noone came, no letter communication arrived in respect to water connection or anything related to the house address and since my mother was old and ailing,and me being out of house staying in independent as tenant in Panjim,and subsequently later out of Goa,also did not notice anything on water aspect.
Now post my mothers death, same was given for rent to a new tenant as we renovated the old flat and handed for tenancy as per law recently.
Since last 20 days, one lady who normally is seen to act as a go between the tenants although this Particular Bldg has no society and is not governed by any cooperative society of Goa Act,as noone since its inception took initiative to form and register it as society ,so all are independent tenants.
But 1 lasy by name of Mrs.W.D.D’costa started to send missives and in formations to Bindu and to me-as a POA holder for that property in form of threatening to stop water supply to the flat.
So several queries came in our mind.We simultaneously approached Assistant Engineer’s office and put up our request in form of papers,forms,attaching documents required for a water connection or a re-connection to the old line/file.
They wanted time to search old file and also needs a CCP road cutting permission granted by CCP,who at present has stopped the Road Cutting Permission till the end of Monsoons Only.
1.Now query is- what does- Building By laws and laws govering statutes in CCP allows one owner of an independent house stop water from free flowing to other flat?
2.Second is what are rights assured under Constitution of India or by subsequent judgements of Honorable High Courts and Honorable Supreme Courts for right to live,as water is a essential part of right to life
3.Does PWD has any jurisdiction in deciding who will get how much water -a) there is 1 single sump tank in the building b) the building is not having any legal arrangement like under society act to deputes persons for the same responsibility c) as per domestic consumption there is not house to house/resi.to resi -separate water meters to determine the water flowing from sump tank or overhead tanks to each household.So any argument to limit fixed qty or otherwise is not possible nor allowed as per present system
4.The sump tank has been connected to two separate overhead tanks to separate -A and B wing
Which further is connected to other pipes to each individual flats
5.Now necessary approvals are awaited for the PWD to do road cutting and reconnect the old line and road cutting permission is granted by CCP on whom the pleader her has no sway or say-as all such permissions are controlled by by laws of the city council which changes from time to time,season to season.
6.So the person acting as a law unto herself is well within her rights as a separate owner of a seperate flat in the next building to come every night and surreptitiously come in dead of night and turn off the valve.
7.Subsequently after rains water connection will be there- but currently from 2005-2018-thirteen long long years have passed without this and when now CCP is doing the delay due to monsoons the water stoppages are rampant and tenants who are inconvenienced and they are humanly sufferring and we are on the verge of losing them due to this sole reason and since the owner is solely dependent of the income to pay the Bank EMI on the rent collected.
8.SO by exercising our right what can be done please guide, if any suit to restrain her from doing any acts or any mischief as she(Mrs.W.D.Costa or for that matter any other owner) is not entitled to act like this and if any addl.water is required for the use-all can share and get pvt.tanker and use it-all users will pay,including shopkeepers who are at the ground floor they too use and others use common bathroom.
9.By trying to knit pick on 1 specific flat with vendetta alone and doing all this illegal acts she is endangering the life sustainbility as she has no proof the water used in 1 specific flat as no empirical evidence data is there to show or guide anyone to that conclusion.
10.Now we are in very big mortal danger.
11.So govt.of India and Hon’ble supremen court has given a recourse to us via your desk.
12.Please please help
Regards,
Mrs.Bindu Vasudevan(Ghosh)
Dated-02/-7/2018
