• Maids getting stopped by RWA in covid

Hi

We are resident of haryana living in society having rwa as governing body. My wife was covid positive and our maids were stopped by rwa.

Is this legally possible to stop maid as there is no lockdown or contaminated zone in my area.

What all options we have as facing lots of problem from society..

Should we file police complaint or civil suit of we have any options to allow maids in..

Thanks
Asked 1 month ago in Civil Law

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13 Answers

Hi, a civil suit for injunction against the RWA will be more effective in restraining them for passing such directions without any notification of lockdown from the Haryana govt ...

 

 

Hemant Chaudhary
Advocate, Gurgaon
4605 Answers
48 Consultations

4.9 on 5.0

If your wife was diagnosed as COVID positive association can restrain your maids from coming to your residence

 

if your wife has complete recovery association cannot restrain your maids from entering your flat 

Ajay Sethi
Advocate, Mumbai
82097 Answers
5158 Consultations

5.0 on 5.0

They cant stop the same file complaint to DY registrar as well as consumer court for compensation. also file criminal complaint under wrongful restraint before police

Prashant Nayak
Advocate, Mumbai
23361 Answers
49 Consultations

4.4 on 5.0

Dear Client, 

You have to file a Civil Suit.

Jaswant Singh
Advocate, Gurugram
910 Answers
2 Consultations

4.8 on 5.0

During covid19 times to stop spreading corona virus , people mat be restricted in its movement.  There is nothing illegality in it.

However for your essential services you can take assist from local police. 

Devajyoti Barman
Advocate, Kolkata
22341 Answers
343 Consultations

5.0 on 5.0

During tough times, there are tough rules. It is for the safety of maids and also of other where the maid works. You can file cases against RWA but you will not get relief.

Ravi Shinde
Advocate, Hyderabad
797 Answers
7 Consultations

5.0 on 5.0

In the given pandemic situation the RWA can take suitable steps to prevent the spread of the covid-19 pandemic, there is no illegality about it.

Firstly the maid itself will not come to your house if anyone is affected by corona in your house, further the RWA has right to stop maids from entering into the house  where there is a corona patient quarantined.

The police nor court will entertain this unjustified complaint 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

Hey, 

In the interests of the whole society, maybe they have restricted your maid's entry as your wife was covid positive. If even after 14 days and your wife testing negative, if they are not allowing then you will have to file a suit. 

Sanjay Narayandas
Advocate, Hyderabad
29 Answers

5.0 on 5.0

Dear Sir,

1) If your wife is Covid positive then the RWA may restrain the maids to enter your house for her safety and society safety as well.

2) If your wife has become covid negative and the rwa is not allowing entry of maid, then you may file complaint with registrar against RWA or complaint to the police.

Thank you

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Anik Miu
Advocate, Bangalore
1125 Answers
10 Consultations

5.0 on 5.0

Thanks for your appreciation 

Ajay Sethi
Advocate, Mumbai
82097 Answers
5158 Consultations

5.0 on 5.0

You are welcome for your appreciations. 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

-  As per law, a society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.

- No, male/female servants/domestic help/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 society’s affairs and nothing more.

- On the last lockdown even the Ministry  of Home Affairs passed its detailed guidelines and thereby allowed several persons to begin their work like domestic help, including maids and drivers, can return to work, and hence the RWA not empowered and their orders not enforceable.

- 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 unjustified actions of RWA to restrict entry of maid is against the jurisdiction of the RWA.

- You or your domestic helper can also lodge a complaint to the police for registering an FIR against the secretary of society.

Mohammed Shahzad
Advocate, Delhi
6719 Answers
71 Consultations

5.0 on 5.0

You can file a police complaint against the rwm member for restricting entry of your house help.

Also, complaint can be given to the deputy registrar of societies against the rwf members for their actions which is causing you grievances.

Siddharth Jain
Advocate, New Delhi
5668 Answers
74 Consultations

5.0 on 5.0

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