They can't blacklist her in this way. There is no legal provision for the same. If any property is damaged the same can be restored. Oral apology is enough
I have employed a maid along with her family including husband and two children in my govt alloted flat along with servant quater. The maid son was playing and the secetary of the society found him to be damaging property of the building (few tiles on the wall). he started scolding him and when my maid joined for the rescue, she was told not to do vakalat for the culprit. My maid though well behaved probably for saving her son (12 yrs old) replied that shaab apko jo karna ha kar lo me apne shaab se baat kar lungi. The secetary has decided to blacklist her as he felt that she insulted/threatned him. I had requested him that inorder to punish her some kind of public oppology or warning or fine can be implemented and leave her as this was the first mistake. Do I have any legal action to save my maid from blacklisting from the colony
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
the society is for army officers and the secetary is nominated and not elected as the residents are staying for 2 to 3 yrs only. the loss of maid is only affecting me and nobody else, secondly there has been no enquiry regarding ascertaing of the incident apart from few witness
can you please inform the ipc section so that case for stay order be initiated
They can't blacklist her in this way. There is no legal provision for the same. If any property is damaged the same can be restored. Oral apology is enough
Complain to police if the maid is restrained from entering your flat.
If police do not act , file complain directly to magistrate u/s 156 seeking direction to police to register FIR. Offence shall be booked for wrongful restrain under section section 339 of IPC, since society does have any lawful authority to prevent anybody from coming into your house for any purpose.
File suit in court seeking injunction restraining the society from interfering into your right to deploy maid and into her free movement to your house in any manner.
Secretary cannot unilaterally decide to black list maid
she can file police complaint against secretary of society for refusing to permit her to work in complex
Ask the maid to file FIR agasint him for molestation. Will understand himself.
For such pity issues, such restrictions are major punishment and no rational behind it. Further, any such order can be pass by majority and not to satisfy individual ego.
Dear Client,
A person can not be removed from society for misconduct. Don't follow his order. He is not court. If he insists, demand from him any court order. If he complaind this incident in the police, it will be of no use and if yes, you will be given opportunity to defend her. Let the case go to Court.
Yes the secretary on his in wish cannot blacklist or restrict her upon entering the premises for damage he could have asked for damages in case be pass such resolution you can file a petition before high court .
See even if there is damage there is no theft or criminal activity the child is minor he cannot take away the living and earning of the maid.
Dear Sir,
Please refer to terms and conditions of society.
Place a written apology via registered post.
Then we can further move in filing suit.
- As per law , A society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.
- No, Flat owner can be stopped from renting out his flat to anyone including Bachelors
- No, male/female servants/guest can be stopped from entering into the society, if the society is doing this , then the person harassed , they can claim compensation as well.
- Society by law and resolutions must be limited to the mandate of governing the societys affairs and nothing more.
- Further , the resident/member who is aggrieved by the arbitrary and unreasonable actions of a Society can file a Suit under Section 6 of the Societies Registration Act, 1960.
- Hence, the unjustfied actions of society to black listed the maid , is against the jurisdiction of the society.
- Your maid should lodge her complaint to the police for registering an FIR against the secretary of society.
The secretary cannot blacklist your maid from working in your house. You can pay for the damages to society.
She can lodge complaint for criminal intimidation against the society secretary.
If you don't solve it amicably then it will develop into a big issue.
Instead you may talk to the secretary, ask her to apologize in private to satisfy his egoistic anger on her and try to close the issue instead of stretching it any further to take a legal shape.
Since the society is for army officers, the secretary may brag about his post and may even threaten with more consequences, hence they to solve the issue amicably to prevent personal loss to you, if any.