Water is a fundamental necessity, and restricting access to it can cause severe inconvenience, particularly for senior citizens, individuals with medical conditions, and families with young children. In many housing societies, water shortages have led to reliance on water tankers. However, some managing committees have started imposing night-time restrictions on water supply, citing concerns about wastage. This raises legal and ethical questions about whether such actions are justified.
Understanding the Issue
Some societies have begun shutting off water supply to bathrooms during certain hours at night based on assumptions of wastage, often without clear evidence. This creates several concerns:
- Lack of transparency: Decisions affecting essential services should be based on facts, not assumptions.
- Inconvenience to residents: Many residents, especially seniors and those with medical needs, require access to water at all hours.
- Legal concerns: Societies must follow regulations regarding the provision of essential services, and restricting water access may not be lawful.
Is It Legal for a Housing Society to Restrict Water Supply?
Water is recognized as an essential service, and its availability is protected under various laws. Housing societies do not have absolute authority to impose restrictions on basic necessities.
Water as a Basic Right
Access to water is considered a fundamental necessity, and any restriction that disrupts daily life could be challenged legally. Denying water access, especially when residents are paying maintenance and additional charges for water supply, can be seen as unfair and unlawful.
Housing Society Regulations
Managing committees must act in the best interest of all residents. Major decisions, particularly those affecting essential services, should be taken with proper discussion and consensus. Unilateral restrictions on water supply without approval from residents could be a violation of cooperative society regulations.
Breach of Service Agreement
Residents pay maintenance fees and, in some cases, additional charges for water supply. If a society restricts access despite these payments, it could be considered a breach of service. Such actions could be challenged under consumer protection laws.
Municipal and Legal Regulations
Many municipal authorities regulate water supply, and societies must adhere to these guidelines. If a managing committee imposes water restrictions arbitrarily, affected residents may have the right to escalate the issue to local authorities or legal bodies.
What Can Residents Do?
If a managing committee refuses to reconsider its decision, residents can take steps to address the issue.
Raise the Issue Internally
- Formally communicate objections through a letter or email.
- Request a discussion in a general body meeting.
Send a Legal Notice
- A formal notice should be sent to the managing committee, stating objections to the restriction.
- A copy of this notice can be sent to relevant authorities overseeing housing societies.
File a Complaint with Authorities
- The municipal water department can be contacted if the society receives water from a public source.
- Complaints can also be filed with cooperative housing society regulators if the decision was made without following proper procedures.
- Consumer courts may also be an option if residents are paying for water services but not receiving them adequately.
Take Legal Action
If the issue remains unresolved, further legal action may be necessary, such as filing a case for service disruption or approaching the courts for intervention.
Conclusion
Restricting water access at night causes significant inconvenience and may not be legally justified. Since water is an essential service, housing societies must ensure fair and reasonable policies for all residents. If restrictions are imposed without proper reasoning and due process, residents have the right to challenge them through appropriate legal channels.
