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Flat association forcing to buy piped lpg


18-Jul-2023 (In Landlord/Tenant Law)
The flats association president banned Government LPG distribution in our apartment campus and forcing everyone to buy Piped lpg provided by association. Can i get a court order to continue using my indane lpg? Is the association empowered to ban government lpg distribution inside a premise ?
Answers (3)

Answer #1
669 votes
sir
no one can restrict you from using Govt scheme LPG's if at all you are specifically agreed not to use the same in the premises. Apartment owners had already entered a agreement among themselves are with the developer with regard usage of LPG's also. kindly refer your agreement as well as deed. in case any clause of those documents restricting you from using that facility and you are the signatory of those document, then you can't enforce your rights.
Answer #2
789 votes
At no point the association is empowered to do if at all they force u can easily find the way through ur case double strong thank u contact me for further query don't worry no one can impose anything on anyone illegally can changelle it
with regards
SANJAY RAJPUROHIT
Madras high Court
Answer #3
752 votes
You must first see if there is any resolution passed in this regard.

Have you seen the bye laws of your association making provision for such an arrangement for the welfare of all the residents of the association?

Is her any clause authorising the association to forbid any individual flat owner from using his choice of LPG ?

You may issue a legal notice to the association secretary if he restricts or stops you from using LPG of you choice, he cannot infringe your rights.

The association has no rights to interfere in individual's rights or decisions.

They cannot thrust their decision on the unwilling members.

You can move the cooperative registrar under which this association has been registered venting out your grievances an asking the association to stop meddling with individual's rights and enjoyment of their own life independently in the apartment which is not disturbing the association or any neighbor.

If there is no proper response from the cooperative registrar too, then you may approach the cooperative court with an injunction suit restraining the association from interfering into your personal affairs.

You may even approach consumer court seeking compensation for the mental stress caused by the association by such unlawful decisions.

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