What is your query ?
2) you can claim damages from neighbour for losses suffered by you
3) if he refuses to pay file suit for damages
4) take photographs of damages suffered by you
5) also do video recordings of damage suffered by you
Atrocities by entrepreneur association
I have a building in Kasba industrial estate, Kolkata from where I conduct my business. The land is owned by WBSIDC, govt body, who has leased me my portion of land for 75 years by virtue of a registered agreement. I took the lease in 1991 and constructed the building myself. I regularly pay KMC tax for my premises.The lease rentals have been fully paid. The estate is bounded by wall and gates. The affairs of the estate is looked after by WBSIDC but a association of entrepreneurs (AKIIE) exists who have put security in the gates. Since the association have increased their subscription multifold from Rs300 p.m. to now Rs4000 I can't afford so I stopped paying. During a past incident of my neighbour's construction activities my building suffered extensive damage
Asked 6 years ago in Civil Law
16 Answers
1. It is to be seen whether the association has been formed under any statutes, which is unlikely or it is a private body of persons.
2. If it is not formed under any statutory authority its actions is not binding upon it non members.
3. So you can stop paying the subscriptions but in that case you would be deprived of getting its services.
4. To stop causing further damage to your property you can file a suit for injunction and declaration.
But in your case no where comes an atrocity act.
Kindly make complaint to Government agency who give permission to run the association of entrepreneurs. Is it comes under society act or association act.
You can file complaint to the competent authority who takes care of the same in your jurisdiction. They will take appropriate action against them
1. You are bound by the Association rules & bye-laws "ONLY" IF you are a member of the Association. However you will still be bound by the association's justifiable expenditures for the common amenities & services provided by Association.
2. Since you are the absolute owner of the building (and not the association), you are entitled to any damages caused by other owners /tenants /whosoever .... However, the damages can be recovered only via a civil suit or by amicable settlement. File against the person with association as a party.
DEAR SIR,
Your question is incomplete. So no specific suggestion or advice can be given at this stage. You are requested to give more details.
Sir, my query about Association attrocities was incomplete due to technical snag. There was amicable settlement with my neighbour, who damaged my building, with the help of police and local club. The association or WBSIC did not help at all. My present problem is that the association gate keeper is charging entry/ parking fee. Since I refused to pay they tried to physically assault me using abusive language. I reported the issue to local police. What should I do in this case? Am I bound to pay? Also do I remain a member of this association since I stopped paying subscription since last 7 years? I also do not know whether this association is formed under a statutory body as they have not issued any membership certifacte. I paid subscription for 2 years. There may be a verbal understanding between WBSIDC and the association as any of my letters written to WBSIDC managing directors remains unanswered. One of my neighbour sent a lawyers notice to WBSIC as the association disconnected his water supply for non payment of subscription. That time the association was directed by WBSIDC to restore water supply.
Asked 6 years ago
Electricity and water are essential services and cannot be dis one ted by the association
association can charge parking charges provided resolution passed to that effect in AGM
Even if there is no association the civic authority or corporation will have the authority for the same.
Association are not supposed to cut water supply till they have a permission from the statutory authority.
- As per law, No person/RWA/Association shall, except with the permission of the Commissioner of the Municipal Corporation can erect or set up any wall/Gate , or other structure whether fixed or movable or whether of permanent or temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank.
- Further, it is not their property but a general public road , and if any RWA/Associatoin can put up a gate anywhere if this is to be allowed and it will become a free-for-all.
- Hence, you should lodge your complaint with the Municipal corporation (KMC) and a copy of the same should be forwarded to the Police higher official for the same.
- Further , if you not get any response , then you should file an Injunction petition before the court for restraining the alleged association /gate keeper to charge any amount and to get the permission for using the road /parking freely.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Kindly make a written complaint against association to sub registrar of association of your area. The sub registrar will take action against association if they're not running association as per bylaws or rules or act.
If you suffered damages due to your neighbor's constructional activities, you may demand the damages fro him by issuing a legal demand notice.
Failing to comply with the demand made in the notice you may file a suit for recovery of damages before a civil court on the basis of the documentary evidences in your support.
You have taken the premises on lease way back around 28 years ago, the decision to hike in the charges by the association would have been taken only after a meeting, which you would have attended.
You could have objected and recorded your objections to this at the time of meeting itself, how is that going to be linked to this neighbor's activities damaging your property?
If the association is functioning for the welfare of all the owners within the complex, then the decision taken by the association is for the benefit and welfare of all the owners or members in common.
If the association is not a registered body and also if it is not mandatory to become the member of the association then you can very well deny or refuse to pay the amount demanded by them.
If they indulge in any such activity to curtail your basic amenities you may approach civil court with a suit for permanent injunction restraining them from indulging in such illegal activities.
Discuss with your advocate on these lines and proceed with the recommendations made
No you are not bound to pay inappropriate charges to association.
You can demand details of maintenance accounts.
You should lodge FIR against the guard and association for physical assault against and criminal intimidation.
Hi,
In the present, you are suggested to gather information regarding authenticity of the association because if it is registered or authorised by any government agency, it will not act in the manner as mentioned by you. You may sent RTI to WBSIC, registrar of society etc. to confirm the authenticity. Further apart from the police complaint, you may file court case of injunction to debar the office bearers, agents or officials of this association from interference in your peaceful working.