• Society Chairman and Secretary torturing mentally and discriminating

I have been tortured mentally by members and Chairman and Secretary of Society. They blocked my vehicle carrying construction material for balcony roofing, whereas after8 days only my neighbor constructed she'd in balcony.There was no any objection on him, whereas after that almost 25% people constructed balcony roofing in society. I feel I am been given discriminated behaviour without any reason. They had also damaged my construction material.So to recover the cost I had not paid 4months maintainance charges. And again started paying for later months. But Now they have stopped my deprived services like cleanliness in my porch, not lifting garbage using common amenities etc. Also they are threatening to put maintainance due in court.
 I can pay the amount, but I need justice against discrimination Happening with me. I feel like I am been mentally tortured.
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

1)  society cannot deprive   you of common amenities 

 

2) if you fail to pay maintenance society can take recovery proceedings against you but not deprive you of essential services 

 

3) you can file police complaint against chairman/ secretary of society  under section 504, 506 of IPC 

Ajay Sethi
Advocate, Mumbai
100082 Answers
8173 Consultations

Complain to Registrar for relief. Also file injunction suit in court to prohibit such actions. File FIR for destroying construction material u/s 427 IPC.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You can file a complaint against the same before registrar.  You can also file a consumer complaint for deficiency in service and seek compensation and damages.  If they have forcibly stopped you it restrained you from talking your truck file wrongful restraint against them.  Don't be afraid fight actively against them. 

Prashant Nayak
Advocate, Mumbai
34744 Answers
252 Consultations

Issue a legal notice asking to provide copies of rules and regulations along with resolutions relating to alterations and modification in flat by respective owners and the reasons why your construction work has been forcibly stopped and not allowed to carry out the work within 15 days. 

Check the rules if any prohibition clause is there. If any file suit for demolishing all such construction.

If not file suit for permission of construction work and claim compensation from society for harassment and mental agony apart from any loss to you. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Dear,

       First of all police complaint against them.

       File consumer case also for the lapse of services.

       They have no right to stop your construction, as all other did the same.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

Dear Sir,

You must get issue legal notice and if necessary file a civil suit to agitate your right.

It is illegal on the part of the association to disconnect the basic amenities. The maximum it could do was to file a lawsuit for recovery of the maintenance charges

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

See for discrimination against you you can file a case and also can complaint before registrar of societies but you need to pay maintenance that you cannot skip.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can send notice in your hand writing along with cc to CHS registrar of your area.

 

Mention all point wise issue or complaints against society Secretary and chairman.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can file police complaint against them. 

IF there are outstanding arrears of a member, THEN a CHS has to file recovery proceeedings with the cooperative registrar.  There is no other remedy to a CHS for taking any other action, under the law.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

1. Society culture may sound impressive and tempting in the first place, but is not conducive to a country like India where a person on becoming secretary of the society feels like he is Chief Justice of India.

2. Be that as it may, the remedy in your hands is to file a suit for permanent injunction in the competent civil court to stop the society from obstructing your right to peaceful enjoyment of your property which also includes the right to make constructions in your property according to the rules and to not to be denied common amenities. 

3. Engage a local lawyer,

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

You list out the torturous activities that the society members are doing to you, approach an advocate in the local and issue a legal notice demanding explanation from them for all such illegal acts unleashed against you and for the discrimination shown by them towards you and also warn them to refrain from indulging in such illegal acts failing which you may drag everyone  to the consumer forum seeking compensation for the mental tortures and deficiency in service  and other reliefs. 

If there is no improvement after that also then you may take legal steps to curb this menace.

 

T Kalaiselvan
Advocate, Vellore
90285 Answers
2512 Consultations

Dear

You should pay the maintenance charges under protest and after that you should complaint against this discrimination with registrar of societies against chairman and secretary.

If registrar doesn't help you in this matter file a suit for mandatory injunction against society for allowing you to use basic amenities and lift and also allow you to take construction material in society for Construction purpose. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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