• Pet policy restricting pets on ground floor in a gated community

I live in a gated community in Hyderabad and have a small pet. Our society association (currently registered under Telangana Mutually Aided Cooperative Society Act 1995) was registered previously under Telangana Societies Act 2001 has switched to the above said act. They promoters have put the following in the bye-laws which are or concern to pet owners:-

(1) The Board of Directors may request the owners/residents to desist from keeping a pet if
there are reasonable complaints from the residents against it. Dogs should always be on a
leash in the common areas. Only specifically earmarked lifts should be used for the
transportation of pets. The pets should be immunized regularly.
(2) Pets are not allowed to be taken on terrace, parks / lawns, gym, swimming pool, club house
and for walking inside the complex.
(3) Dog biting or any aggressive behaviour of Pet will be considered as a serious offence
and the Pet may be debarred from Society.

This in effect is, 
(1) restricting pet owners to use service lifts even if this lift is not working 
(2) Use only cellar to take pet outside and not use ground floor which has lawns, children play area, garden. Puts fine of 2000 rupees on using passenger lifts, lawns, garden, children play area essentially meaning not allow usage of ground floor
(3) Restricts walking on ground floor even if lawns, gardens, play areas are avoided
(4) Debarring/Restricting pet ownership with a loose definition of aggressive behavior

Despite discussions in the past and involving an NGO "People for Animals" this has not changed. Even using cellar is not being monitored by security guards effectively discouraging pet owners.

What I would like to know is,
Which acts, IPC sections are appropriate to register a complain? 
Which court and agencies are the appropriate authority to deal with this situation? 
What is the punishments in this scenario? 
What is the responsibility of the pet owners in this case?
Asked 3 years ago in Consumer Law

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6 Answers

There is no harm in keeping pets on leash and using specified lifts 

 

2) there cannot be restrained from walking pets in common areas of society 

 

3) any imposition of fine is unsustainable 

 

4) you can file complaint against Association before consumer forum for deficiency in service 

 

5) If any resident is harassed by RWAs in animal matters, they should report them to the police immediately for illegal harassment or go to the Deputy Registrars of Cooperative Housing Societies.”

 

 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Under Section 428 of Indian Penal Code, 1860 killing or maiming animal is offence punishable with imprisonment up to two years and/or fine. As per guideline No. 2 issued by AWBI barking is considered natural unless the barking is continues. Under guideline No. 4 pets cannot be debarred from public spaces. Guideline No. 5 can also be interpreted as permission for pets to use public places. Under guideline No. 6 pets cannot be prevented from using lifts. You can confront the association with said guidelines.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Not allowing pets in an apartment complex or housing society is considered to be a direct violation of the Constitution of India. Section 11(3) of The Prevention of Cruelty to Animals Act, 1960 further stresses on the importance of being kind to animals.

According to Section 51(A)g of the Constitution of Indiashowing compassion to all living creatures is the fundamental duty of all citizens.

According to AWBI’s notification, RWAs cannot ban residents from keeping pets in their apartments, even if this is supported by a majority of residents.

However, pet laws for apartments in India cannot insist on the use of muzzles. In case of incidents of severe harm caused by pets, the negligent pet owners are penalized.

Pets cannot be banned from using lifts. RWAs cannot enforce charges on pet owners for using lifts with their pets either.

 

For best practices, pet owners are advised to cooperate with guidelines on using an alternate lift, if it is present and is conveniently accessible.

AWBI’s notification advises against banning pets from parks and common areas, as it’s important for pets to get regular exercise for their physical and mental health.

 

One of the more successful tried-and-tested rules for dog owners in apartment complexes is pet park timings. This way there is no inconvenience caused to other residents.

The Animal Welfare Board of India has a clear and detailed record of the legalities involved in keeping pets in apartments. Following are a few excerpts aimed at both residents and RWAs:

  1. “…pet owners are advised to ensure that their pets are not a source of nuisance to others. In doing so, they may, however, distinguish between reasonable and unreasonable, and lawful and unlawful claims as to their pets being a source of nuisance…”
  2. “Barking is a natural form of expression for a dog, and must and has to be tolerated in a society. However, incessant barking can disturb neighbours. Hence, pet owners are advised to make every effort to keep their dogs quiet, particularly during night hours.”
  3. For residents who work with community animals – “…Those who feed street dogs are advised to participate in their sterilisation, and yearly vaccination too, since they win the trust of the dogs through feeding them. They are also advised to provide, or assist animal welfare organisations in providing health care to them.”
  4. For RWAs – “Please bear in mind that even by obtaining a consensus, or even if the majority of residents and occupiers want it, residents welfare associations & apartment owners associations cannot legally introduce any sort of ban on the keeping of pet dogs.”

Apartment Management Committee and Pets

  1. Do not start a tiff by creating bye laws banning pets. It’s illegal.
  2. Do not craft bye laws that inconvenience pet owners like, disallowing them to use the elevator with their pets. The famous case of Shri. Ajay Madhusudan Marathe vs. New Sarvodaya CHS Ltd. showed pet owners cannot be subjected to discriminatory treatment by the association.
  3. Ask for vaccination records and sterilisation records of the pets who come in your complex.
  4. Fix a certain time when dogs or cats can be taken out for walks.
  5. Make it mandatory for all residents to clean up after their pets.
  6. Earmark feeding spots and designate a convenient time for residents who may want to feed the community strays. Ensure the designated feeding spot is not near any residential block or common places where children play.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Filing complaint before consumer forum is an additional remedy 

 

2) Maharashtra state consumer disputes redressal commission has held society is a service provider 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

If the consumer court is not the proper forum then you may approach the cooperative court functioning within the jurisdiction. 

If the society is providing services, then the beneficiaries are its customers.

The Consumer Disputes Redressal Forum in Bandra recently directed a housing society in Ghatkopar (West) to pay ₹50,000 as compensation to a flat owner for causing mental agony by failing to carry out repairs, and ₹25,000 as litigation cost.

Vinod Natesan, resident of Mahindra Park Cooperative Housing Society Limited, informed the society of leakage in his flat in 2013.

The society appointed Arif Chunawalla to handle the complaint and Mr. Natesan briefed him about it on June 17, 2013, and also sent him an email. Mr. Natesan said the leakage had damaged furniture and created an unhealthy ambience. He paid ₹8.75 lakh for repairs and on October 4, 2014, informed the society that repairs were not carried out as per the contract and requirement of the members.

To avoid further damage, Mr. Natesan carried out waterproofing, which cost him ₹97,500. On June 19, 2015, he emailed the society about the leakage causing damage to the walls. He also sent a notice to the society reminding it about his duties under Section 78 of the Maharashtra Co-operative Societies (Amendment) Act, 2013.

 

Mr. Natesan said the leakage continued till 2016 and he had to shift to a rented accommodation, which cost him ₹3.6 lakh. The society also turned down his request to bear half the cost of the repairs and waterproofing.

He then filed a complaint against the society under Sections 11 (jurisdiction of the district forum) and 12 (manner in which complaint shall be made) of the Consumer Protection Act (CPA) for negligence and causing mental agony.

A Bench, comprising president R.G. Wankhade and members S.V. Kalal and Shivcharan Shere, heard the matter. The Bench said, “Though it is true that damage has been caused to furniture and other parts of the flat due to leakage, the complainant would not be entitled to get damages as stated above, under provisions of the CPA, except compensation on the count of mental and physical agony.”

The Bench said Mr. Natesan could have prevented further damage by seeking the society’s permission to carry out repairs. “As stated above, It is clear that there was negligence on the part of the opponent [the society], which clearly shows that there is deficiency in services for which the complainant should be awarded the damages on count of mental and physical agony.”

 

 

 

 

 

 

 

 

 

 


 


 

 



 



 



 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 



 



 

 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Sir/Maam,

1) You should talk to your co cooperative society to amend there laws as complete ban on pets from use of ground floor is unreasonable. As long as the pet owner is care full and not taking out pet to relive himself on society premises there should be no problem. pets should be allowed to exercise and walk around.

2) you should ask you cooperative society to amend their bye laws according to AWBI guidelines for society and RWAs

3) if they do not agree to amend you can take criminal action  and file a complaint for criminal intimidation against the society.

4) if you don't want to file criminal case, file complaint in consumer court, in many cases of national redressal commission it has been observed that a co operative society is a service provider and the member of society is a consumer. Not allowing proper use of the amenities through unreasonable conditions is a deficiency of service. 

Thank you

 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

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