Hi, it is advisable to issue a legal notice to the RWA ..Also file a civil suit for injunction against the RWA ,restraining it from the interference ..
We have a flat in a CGHS society in Sector 39 Gurgaon. The society is not allowing us to rent the flat to bachelors stating that it is against their bye laws. While at the same time they have multiple such tenants living in the society. We have suffered financial loss in this scenario because the managing committee has denied entry to a tenant. What action can we take in this scenario?
Hi, it is advisable to issue a legal notice to the RWA ..Also file a civil suit for injunction against the RWA ,restraining it from the interference ..
Society cannot deny you permission to give flat on rent to single tenant
2) complain against society to registrar
3) you can also issue legal notice to society
4) file complaint against society before consumer forum and seek orders to direct society to pay you compensation for mental torture undergone by you and to direct society to permit you to give premises on rent to single tenant
See you can file a consumer complaint agaisnt the society for damages and can claim damages from society as it is illegal to make such bye law.
Further such bye law of society can be challanged before the high court.
Since this particular bye-law infringes your fundamental right to use and enjoy your property in the manner of your liking , you can challenge it in the High Court. Also, this arrangement is discriminatory since the Man. Comm. is doing nothing for eviction of the bachelors who are currently living in the society. Move a detailed representation in this matter with the CGHS Man. Comm. and lodge your protest. If thins are not set right despite your protest, approach the Court of Law
- As per law, CGHS management Committee has no right to dictate , that what type tenant/guest will be allowed to reside into the flat of a owner.
- Every member of the society has the right to give his flat on leave and license basis and the society cannot restrict bachelors or spinsters.
- Further , Bye-laws or resolutions passed by any Co-operative housing society banning bachelor/unmarried tenants is a gross violation of Article 19(1)(e) of the Constitution of India.
- Article 19(1)(e) of the Constitution says, “All citizens shall have the right to reside and settle in any part of the territory of India”.
- Hence, you should issue a legal notice to the management of the society for such voilation of Constitution of India, and further ask them compensation for the financial loss suffered by you.
- If, no response , then you can get order from the Court as well.
Complain to police about wrongful restraint of your tenant by society peoples by voluntarily obstructing his entry to the society complex and register an FIR for the offence.
Claim compensation for harassment and mental agony from consumer forum and seek injunction restraining society from intervening into matter of renting out of your flat and from causing any disturbance to your tenant in residing there.
Increase their presidents that single Single tenant is living in the society then you can approach to Registrar of societies and Chits to complaint about this please be aware that in case there is any resolution passed by the General Body at resident welfare Association these rules are binding and register cannot pass any e order against the rules which are accepted by the General Body Meeting only in case there is violation to this rule then register can make order in this regard
Dear Sir,
While societies can frame bye-laws to be followed by the society. These bye-laws do not have the same stature of law and according to the Constituion of India, every citizen has the right to live anywhere in the country without any discrimination.
Infact there have been instances where the courts in India have overruled the bye-laws of the society if and when they have been discriminative and unreasonable. The society does not own the flats and cannot impose on the type of tenants that are allowed to stay in a flat. Only flat owners can decide who can stay in the flat that too within the legal parameters.
Therefore, the legal steps you could take is to talk to the President/Secretary of the society saying its illegal. If they still do not agree, you could file a police complaint against them or can also approach the Dy.Commissioner of Co-operative Societies in the city.
1. IT is illegal to refuse Bachelors /Students to reside in a Society /Association premises. Visit the following link to understand for answers to most of your queries:
Housing Society has no legal right to refuse any Bachelor Tenants /Paying Guests. IF Society refuses THEN it is doing a Criminal offence:
https://chshelpforum.com/bachelor-tenants
Demand the bye laws and go through them. If there is such a provision then put the tenants and the committee at notice and file a case against them.
Regards
1.Housing societies in India have become synonymous with goondas.
2. The prohibition by society is illegal as you being the master of your property have an indefeasible right to decide who your tenant will be. Just ignore the curbs imposed by the society as it has no enforceability in law.
3. If housing society denies entry to the tenant then the only remedy is to file a suit for permanent injunction to restrain the society from obstructing entry to the tenant.
It's illegal there is no such rules and regulations of single and couple tenant and everyone has a right to stay single or couple in any society
1) Society cannot impose such restrictions that flat should not be given to bachelors
2) you can complain against the society to the registrar .
If other single tenant are residing in the society at the time when you were rejected to rent the property to single tenant.
You should send them a letter for explaining the reasons why other single tenants are residing in rented flats and you were rejected to rent the property to singles.
If they doesnt give appropriate reason regarding you letter then you should make complaint to sub registrar of societies against management of society.
You can file a complaint against the society for their such harsh and unruly behavior before the registrar of cooperative societies mentioning that the ruling citing the bye laws is not in accordance with law and neither it is maintainable in law becasue there is no provision in law prohibiting the owner to let out the flat/apartment on rent to the bachelors.
If the registrar of the cooperative societies is not giving a favorable reply then you can approach cooperative court with a suit seeking permanent injunction against the society restraining them from interfering with your decision to let out the premises on rent to bachelors.