Society asking to relocate AC compressor Unit

Question

Society asking to relocate AC compressor Unit

25-May-2023 (In Civil Law)

I live on the 4th floor of a 4 storied building. I had had a AC installed in my bedroom which has the compressor unit outside the grill, not facing towards the common area, not obstructing any neighbor's view or coming into a common area. However I am being threatened to be fined for the same if not removed. Request your legal advice on 1.Should I remove the compressor unit, if yes, who would bear the cost 2.Can my society fine me if I do not remove the unitYour expertise is very much appreciated.

Answers (3)

Answer #1

Adv. Siddhant Sharma

Delhi | 200+ Answers

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LawRato LawRato · Accepted Answer · 2022-05-25T14:16:14+05:30

In India, split air conditioners (ACs) are regulated mainly for energy efficiency and safety. The Bureau of Energy Efficiency (BEE) sets performance standards, including the Indian Seasonal Energy Efficiency Ratio (ISEER), and requires a default temperature setting of 24 C to promote energy savings. Additionally, split ACs must have BIS (Bureau of Indian Standards) certification under IS 1391 (Part 2):2018, which ensures they comply with prescribed safety, quality, and performance standards before being sold in the market. These regulations help maintain consumer safety, reduce energy consumption, and promote environmental sustainability.

Advocate Clerence Pereira LawRato · Accepted Answer · 2022-05-25T16:00:04+05:30

Answer #2

let me start by saying that society is the final authority to protect the interests of society and its members from doing acts that may cause a nuisance to society's property and other members however the compressor unit installed may not cause any issues, but one must take prior permission from the society before installation as that may obstruct or maybe cause issues to the facade of the society building and most societies have rules in place in such events. hence the cost of removal will be borne by you.

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Adv. Clerence Pereira

Pune | 25+ Answers

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Advocate AdityaVikram Singh LawRato · Accepted Answer · 2022-06-03T18:22:34+05:30

Answer #3

Since you live in a society assuming you own the flat. Societies have their own framework and can form rules and regulations. They can very well ask you to remove AC compressor but they will also have to suggest alternate area of Installation. To answer your questions: 1. If they have asked you orally don't. If they have given you a notice then you will have to. Or you can amicably resolve the dispute without going to lefal recourse as that would be much more vostly affair then relocation of AC. You can mutually discuss on charges or send notice to society to claim the expenses. 2. Yes, they are well within their rights to fine you.

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Adv. AdityaVikram Singh

Mumbai | 25+ Answers
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