This question is from senior citizen side. I am residing in a gated community having 100 Apartments maintained by the Society. I am physically challenged having the age 69 years.I am engaging a cook during evening time as my wife was suffering from cancer and she died one year back and cook was continued. My daughter who is having 13 years girls is residing with me.She is working in a software company. Morning time she will attend all my needs but she will be free at late hours in the evenings.So cook is mainly engaged in the evening for preparation of early dinner and to attend my small medical needs. A few covid-19 positive cases are noticed in the Apartment as a result the president of the society imposed some restrictions on maids and cooks by allowing entry one time in the morning. But no restrictions are imposed on entry of guests, venders and others etc. I requested the president to allow my cook in the evening as usual. My request was denied by the Executive Committee. After 20 days lock down was imposed. The Govt of Telangana did not impose any restrictions on domistic help during lock down period. Now the lock down was lifted. Even now the above restrictions were continued by the EC. Will you please give me your suggestion on the following points. 1). Whom should I approach to get my maid as usually? 2). Can i complaint in Human rights commission? 3). Whether advocate is necessary to file the complaint in Human rights commission? 4). If my allegations are proved what punishment can be awarded to the President/Society? 5). Should i file the case in the state consumer firm?. With Regards
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The committee chairman and members should be approached.
Yes you can and you should.
State consumer forum will not entertain your plea as it is not a consumer issue.
You should write a letter to the DCP Hyderabad and the collector stating arbitrary and illegal orders passed by the committee without taking into consideration tge specific needs of some of the senior citizens.
If they do not respond then file a petition in the high court.
Complain to local police station against office bearers of society for refusing to permit your maid entry
2) you don’t need advocate to complain to human rights commission
3) you can complain on your own by sending letter to HRC
4) cases before consumer forum take 2 years to be disposed of
Dear sir,
1. You can serve them a notice stating your case, and also stating that you would approach concerned authorities if they deny your request as it is unreasonable and arbitrary.
2.If they don't co-operate, then you can approach the police and make a complaint against the members of the Committee
3. Complaints in the HRC are usually made by sending a letter. No requirement for an Advocate.
4. If the case favors your side then, the court will direct them to make arrangements for the maid. No punishment would be granted. If you seek compensation in terms of money, they might grant you but that is also a rare case
5. filing a consumer case, would only vitiate the whole case. it would be a lengthy affair.
Thank you.
Dear sir,
1. You can serve them a notice stating your case, and also stating that you would approach concerned authorities if they deny your request as it is unreasonable and arbitrary.
2.If they don't co-operate, then you can approach the police and make a complaint against the members of the Committee
3. Complaints in the HRC are usually made by sending a letter. No requirement for an Advocate.
4. If the case favors your side then, the court will direct them to make arrangements for the maid. No punishment would be granted. If you seek compensation in terms of money, they might grant you but that is also a rare case
5. filing a consumer case, would only vitiate the whole case. it would be a lengthy affair.
Thank you.
- As per law, an apartment association should follow that:
A. Senior Citizen should remain integrated in society and participate actively in the formulation of policies which effect their wellbeing.
B. Senior Citizen should have access to health care to help them maintain the optimum level of physical, mental and emotional wellbeing.
C. Senior Citizen should be able to pursue opportunities for the full development of their potential and have access to educational, cultural, spiritual and recreational resources of society.
D. Senior Citizen should be able to live in dignity and security and should be free from exploitation and mental and physical abuse.
E. 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.
1. You can give a compliant to the Secretary/registrar of the society after narrating your trouble
2. You can file a compliant under the provision of Senior Citizen Act for prompt action.
3.No need to engage lawyer
4. Legal action can be taken against them , and they may be removed as well.
5. You can also lodge your complaint with the police as well.
1. You may give it in writing to the association about your essential need of the cook/maid and inform them that if they still restrict her entry into the apartment especially when the lock down has been lifted and there is no restrictions for the maid to employed failing which you would be constrained to sue them before consumer forum besides giving complaint to the registrar of cooperative societies.
2. This will not come under human rights commission but it will definitely come under consumer redressal commission.
You can approach consumer forum for remedy against the association.
3. You can give a complaint directly also but it may not be entertained by Human rights commission because there is no human rights violation in this case.
4. It depends on where you make a complaint.
5. District consumer commission.
