Can a society force to use only one particular provider?

Sunil Bhambani

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Hi,

I leave in Pune and have been using Tata Sky connection for more than a year now. I have shifted to a new house and have been told that one can use only Airtel connection over here and not Tata Sky. Is this legal?

I think no one has the right to force me or tell me what connection to use. What are the steps that one can take?


Thanks,
 

Sushubh

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You would probably need to consult a lawyer regarding this. A society usually operates as an independent body with its own private security and power backup and all that shit. You probably agreed to their rules and regulations when you bought the place (or your landlord did). For example, a society I used to live in did not allow any loud construction work between 2-5pm because that was the time when people used to take their afternoon nap. Now I can consider it unconstitutional but it is a society policy. So I can either challenge it in court and get the entire society administration against me or I can move out to an independent house where I can do what I want to do.
 

amish

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Bye-laws can not be blatant use of power and can not interfere with personal choice/preference used in personal house as long as it does not cause disturbance / nuisance to others. (which DTH can not)

If airtel did some kind of deal with society, then it can fall under competition commission act.

You dont need to take any action against society. You can simply go ahead and get a connection. Let society file a police complaint or court case. (court will dismiss the case on first day itself)

If society removes the dish or cable, tell them u will file FIR against society and secretary if connection is not restored in a day. (Keep photos and tatasky's proof of installation with you)
 


Sushubh

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What would he do if the society guards do not allow Tata Sky guys to enter the premises?

In any case, be prepared for the wrath of the society administration. :) Also hope that you have a balcony that works for the dish installation. Society would probably not allow you to install the dish on the terrace if it is not authorized by them... :confused:
 

amish

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If society is allowing airtel dish installation on terrace then they can not deny tatasky installation.

But yes if everyone was disallowed to use terrace and everyone is using their balcony for dish installation in that case, society may deny installation on terrace. But you can still go ahead and install it on your balcony.
 

Sushubh

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What if the society has internal wirings already done with a huge Airtel Dish on the terrace :D
 


amish

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Then he can ask society to either remove that dish or allow him to install his dish!! :D
 

Sushubh

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hehe. in either case, he should be prepared to go to cops and have the number of a lawyer handy. and also prepare for surprise power cuts and disconnected power supplies in the future :p

my experience has been that RWAs are like mafia. you should avoid dealing with them as much as you can.
 

amish

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If society committee does such thing unilaterally, I think it becomes criminal case against them and can be put to jail.

You must make sure that they "know" that you know the laws. Else if you are lenient then they will simply take you for granted.
 

x720

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Right. Faced this issue, when we moved to our then new apartment in Gurgaon. Luckily the bylaws had nothing about airtel being granted a monopoly, so I went ahead with the installation inspite of some initial resistance.

@OP
Check the bylaws!
 

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