In society tenant cannot talk directly with society authority.
Whatsoever trouble or problems you are facing as of now directly you can complaints via owner.
And owner can make request to society body.
Access to the society building terrace denied
For last 3 years I am a tenant in a big society in Pune with multiple blocks where I live on the top floor of a 12 storey building in it. Since I stay on the top floor (i.e. 12th Floor) I always had easy access to the open terrace to exercise, relax and for a playtime for my cat. But I never used to go to the terrace unless my cat started escaping there and I made it a routine to take my cat to the terrace as he loves to play and watch birds there. I'm always watching my cat and I'm very careful while he plays though the terrace is quite safe and there is another terrace just below it which is connected to other blocks too. But it is mostly locked and the terrace where I go is always open. It is a small area not exactly how a terrace world be. So, A few days back i was seen by a security guard and he then the society manager came to my house and threatened me that they would go to police if i dont stop going to the terrace and I was told it is not the rule but for the safety of the society members. But I know it was because of some prejudice that I am a tenant (and not the owner of the flat). also because I had complained about the manager's misbehaviour and disrespectful way of talking in the past. This society has some weird rules and regulations but they dont focus on important things like getting a power back up in the society. When I talk sense or complain about the staff's kind of harassment (someone from security rings my door bell early in the morning around 6-7AM. Someone calls on the intercom and then cuts the call..calls and then cuts calls and then cuts..happens many a times) The thing is i couldn't trace who it is because the shift keep changing and also new guards keep coming every few months) I dont know if this is the manager telling them or not . I dont know. And when he comes to my door to talk about the terrace access I lose my temper. because they just get angry and tell things like " You cannot complain about such things. we cannot do anything. You are not in a position to complain." But they have time to come and complain about terrace thing. If this is for my safety then my safety is in danger when the guards or manager behaves so. Right? On earlier occasions also society has done things to cause me discomfort and the owner of the flat tells me to ignore all of this. I need to know that can I rightfully ask them to keep the access to terrace open ? Or do I have to send any application via lawyer? Because they are not going to accept this considering their attitude. As for the security of the society, it is a Gated single building with boundary walls all around and with round the clock security guard at the entry. The terrace is not even connected to any other building so no one can even reach the terrace unless he bypasses the guard and come all the way up taking stairs. I'm a single working women sharing my flat with my friend and my cat. I don't want any trouble but I'm seriously concerned about my cat.
Asked 6 years ago in Property Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
7 Answers
A very peculiar situation indeed where right to live with dignity is denied because a single woman is a tenant.
You should send him a notice through a lawyer and ask him to explain certain things. If he doesn't or acts against your interests then file a criminal complaint for intimidation and threatening you.
Regards
You can file a written complaint to dy registrar as it's an offense to deny entry to terrace being common area. You can file criminal complaint for wrongful restraint against the said offenders who denied you access. You can also approach consumer court for deficiency of service against them to get access to the terrace on regular basis along with a duplicate key for the same as the same is common area having everyone excess
Dear client
You cam just have the authority letter from the owner of the flat in which he allows you to take care of the terrace and give you right to access the terrace as and when you want. And after that let the manager of society go to police if he wants to and if police comes show them the authority letter from owner to access the terrace of flat.
Society can impose restrictions on access to terrace
2) any flat owner or tenant staying in complex can have access to terrace during day time but terrace should be locked at night and keys be kept with security personnel
3) even if society complains to police it is doubtful that it would take any action as no offence has been committed by you
Since you are a tenant these people are trying to take advantage over your situation and pressuring you or trying to misbehave with you.
You being a tenant, you still have some rights in the apartments.
Nobody can object you visiting the terrace.
There is no such bye law preventing a tenant to visit the terrace hence you may object to the manager's condition on it and give a complaint to the association about this and if necessary you may lodge a complaint about the manager with the local police for misbehaving with you.
This complaint will make him be under control or a check.
- As per the information mentioned in the present query, makes it clear that you have been harassed for no reason or would say without any fault at your end.
- You should write a mail you the manager or message to him stating everything from start till date and also that you do not want to violate any rules but in fact such rules are not as per law.
- This would be a proof of would say a kind of notice to them.
- Then if they continue to harass you then I would advice you to file a suit for injunction from further harassment or can also go with the police complaint about the threat to the safety of your cat and yours.
- You cannot be denied basic rights on the ground that you are tenant, but I’m actually having all the rights conferred on you by law.
