If you are stuck in such a situation, here is what to do.

A common and distressing issue for many tenants, especially in co-living spaces and PGs, is the failure of the management to provide basic amenities that were promised at the time of signing the agreement. A recent case brought to our attention involved Mr. Kumar, who moved into a property managed by ‘Apex Homes’ in the city of Navipur. He had paid a significant deposit and agreed to a long-term lease, only to find that the property had an erratic and often non-existent water supply. For days, he and other residents were left without running water for basic needs like bathing and sanitation, and even drinking water was not provided as assured. The property manager became unreachable, and the central customer service team offered no real solutions, merely escalating tickets into a void. This situation left Mr. Kumar feeling trapped, as leaving would mean forfeiting his large security deposit.

Advice in such cases

• Document Everything: Immediately start creating a record of the issue. Take photos and videos of dry taps, record the dates and times of water outages, and keep screenshots of all communications (calls, texts, emails) with the management and customer care.
• Formal Communication: Do not rely on phone calls. Send a formal email or a registered post letter to the company’s official address, detailing the deficiency in service, referencing your agreement, and stating your demands clearly (e.g., immediate restoration of water supply, compensation, and the right to terminate the agreement without penalty if the issue persists).
• Online Grievance Portals: Filing a grievance on government-run consumer portals is a good step. It creates an official record of your complaint and can sometimes prompt a quicker response from the company.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Send a Legal Notice: A legal notice drafted by an advocate is a formal intimation that you are prepared to take legal action. This is often the most effective step to compel the service provider to address the problem seriously.

Applicable Sections of Law

This is primarily a consumer dispute. The key legislation is:

• The Consumer Protection Act, 2019: Renting a room in a co-living space where services like water, electricity, and maintenance are promised is considered a ‘service’ under this Act. The failure to provide a continuous water supply is a clear “deficiency in service.” A tenant can file a complaint in the appropriate Consumer Dispute Redressal Commission.
• The Indian Contract Act, 1872: Your rental or lease agreement is a binding contract. The service provider’s failure to supply water is a breach of a fundamental term of this contract, which can entitle you to claim damages and, in severe cases, to terminate the contract.

If you are the complainant

• Gather All Evidence: Systematically arrange your rental agreement, payment receipts, all communication records, and the evidence of the water shortage.
• File a Consumer Complaint: You can file a complaint before the District Consumer Dispute Redressal Commission. The process is designed to be user-friendly, but professional guidance is highly recommended for drafting and representation.
• State Your Reliefs Clearly: In your complaint, you must clearly state what you are seeking. This can include a refund of the deposit and rent paid, compensation for the hardship and mental agony suffered, and litigation costs.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

• Prioritise Safety and Basic Needs: While you pursue legal action, make temporary arrangements for basic needs. Keep receipts for any expenses incurred (e.g., buying water cans, paying to use facilities elsewhere), as these can be claimed as part of your compensation.
• Do Not Withhold Rent Unilaterally: It is generally not advisable to stop paying rent without a legal basis or notice, as the company might try to use this against you in a counterclaim for eviction. Follow the legal process.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police generally do not intervene in such matters as they are civil or consumer disputes, not criminal ones. A lack of water supply is a breach of contract and a deficiency in service, not a crime. The police will, and should, direct you to file a complaint in the consumer court. However, if the situation escalates to include elements of criminal intimidation, cheating (e.g., knowingly taking payment for a non-habitable property), or wrongful restraint by the management, then you may file a police complaint under the relevant sections of the Bharatiya Nyaya Sanhita (BNS), 2023.

FAQs people normally have

What evidence is required?

To build a strong case, you will need:

• The signed lease/rental agreement.
• Receipts for the security deposit and rent payments.
• Screenshots of advertisements or promises made by the company regarding 24/7 water supply.
• A log of all dates and durations of the water outage.
• Photographic or video evidence.
• Copies of all emails, messages, and complaint ticket numbers.
• A copy of the legal notice sent to the company.

How long will the investigation take?

The term ‘investigation’ here refers to the proceedings in the Consumer Commission. The Consumer Protection Act, 2019, mandates a speedy trial, ideally within 3-5 months. However, in practice, due to the high volume of cases, the process can take anywhere from 6 months to over a year. The duration depends on the complexity of the case, the evidence presented, and the workload of the specific District Commission.

Advocate Sudhir Rao, Supreme Court of India