I am NRI and have an apartment where my senior citizen parents reside. My neighbor has blocked the common pathway by fixing a permanent shoe rack which leads to the fire exit. The apartment is on the 19th Floor. The builder buyer agreement states that there cannot be any blockage of the common area. The committee has been formed now , however , many of the members of the building association has themselves violated this contract. Hence they do not want to take up this matter as then it proves them wrong too. I have already written to the association and Facility Manager and have given a written complaint to the local Police station. Also they have made a door which opens externally and if kept open , blocks the fire exit completely. I need to know the following : 1) what can be my course of action in order to protect my parents from any exigency and have the cabinet removed 2) If i try to remove the cabinet myself or create the blockage against opening the door of the cabinet , does it have any legal impact against me. I am always worried being a single daughter of my parents due to this act of my neighbor. Regards Sree
That is an illegal act by the residents and hence an fir can be lodged against them.
You may remove the illegal construction as the common area belongs to you too.
But first give a written complaint to the society. Then lodge a complaint against the society and the erring flat residents.
1) under provisions of bye laws adopted by society no flat owner can store any goods in common areas of the society
2) society can impose penalty on members storing goods in common area
3) installation of shoe rack results in blocking the passage and is fore hazard
4) lodge an anonymous complaint with chief fire officer ,fire department regarding blocking the passage leading to fire exit
5) you can also file complaint in cooperative court seek orders to direct society to take action against flat owners blocking common passage
Dear client,
You can file a case against the apartment association if they are not responding adequately to your complaints.
Thank you.
1. This is common area belonging to the association and not to any individual, hence the blocking of the fire exit emergency pathway is illegal.
If the association is not taking proper action to remove the blockage, you may give a complaint against the association as well as against the person who is blocking the common pathway before the registrar of cooperative societies for relief.
If there is no respite from the registrar too, then you may resort to legal action by filing a suit for mandatory injunction against the neighbor before the cooperative court to remove the block created by your neighbor.
2. Since you neighbor has done this illegally, you may also use your force to remove the same which is an obstacle to you, if he is creating any problem then you can resort to legal action as suggested.
First complaint to society then yo deputy registrar for misusing common area for his personal benefit
No but she may file other false complaint
As you have already lodged a police complaint, please pursue it to its logical conclusion. Besides, you may complain to the local municipal corporation about violation of building and fire safety norms.
