• Apartment Association Harassing because we are North Indians!!

The Apartment Association has been continuously harassing us since 2020 mainly because we are North Indians.

- In 2021 We got our flat's work done within the stipulated time which is from 9am - 6pm, however they had problems and wanted us to stop the work from 1pm - 3pm for unknown reasons. We denied doing so as we had to bear the labor costs for those lost 2 hours every day and not giving an extension of work hours too.
- One of the association member has made his Private garden in the common garden area for all the flat members and has also installed a CCTV threatening no one to go near the area, which is completely illegal, we asked and we were called noisy for not agreeing to their private terms.
- The association members have extended their balconies according to their will which is again not a part of their allotted property, we question and being ill treated by these so called Association goons.
- We got our own gym equipment from the building gym area as it was being not maintained and broken for which we had the Invoice copy too, they called as THIEVES and keep insulting us by laughing at us whenever we step out and because my husband's local language is not very good they even pass comments.
- Groupism/gangism has been happening since the association has been formed. Even the association didn't consider us to ask for our vote for the committee members.
- We have a seepage problem since couple of days because of the up-stair's neighbor's pipe (unfortunately is the President of the association) which is in our property's premise. We called a Plumber from Urban Clap and got it inspected, our false ceiling is completely ruined and also the lights installed are now posing a serious threat of short circuit. Even after the plumber explained him in detail with the videos he denied taking any action to stop the leakage. Instead he told all wrong about us that except these North Indians rest all in this apartment are good which was so irrelevant. Because we question we are too loud and are being ill treated by the association. We have a Whatsapp group with all the flat owners along with the association members in which we detailed our problem with the videos but none has participated except stating you both have to solve this internally. We pay 4k monthly as maintenance for a stand alone building with ZERO amenities. No one is interested to even talk to the neighbor because he himself is the President, now we aren't able to use our well done bathroom because the concerned has denied taking any action to help and he has no discipline to talk to a women. He disrespects asking to get out if we start talking to him ALWAYS!!

Please help, we called the Police too but ended with ZERO help from them.
Asked 2 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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8 Answers

You should lodge a complaint and give a legal notice with the apartment owners association and if they do not respond then file a complaint against them with the competent authority/magistrate.


Illegal encroachments, arbitrary orders passed by the association and threatening you and your family are serious offences.

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

1) file complaint with municipal corporation against president refusal to carry out repairs 

 

2) also send a written complaint to association office against leakages

 

3) if no action is taken file complaint against association and its president and other office bearers for deficiency in service , seek orders to direct association to repair the leakages , pay compensation for mental torture undergone by you and also claim litigation costs 

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

  1. So far as your problem No. 1, it happened in 2021, it cannot be raked up now but you can certainly use the incident in proof of their highhandedness.
  2. Carving out private space in public place is certainly against lay out plan and bye laws of association. You can complaint to the Association with proof of photos/videos marking copy of society and registrar of societies.
  3. Extension of balconies amounts to change in structure you can again seek and enforce removal of the same by making a complaint as guided in answer No. 2.
  4. So far as laughing, the best way to deal is to just ignore, indifference is worst of punishment. Make them realise that such derision cannot affect you. Keep using gym. Don’t ever stop visiting it, that will give them sense of victory.
  5. You have right to vote, enforce your right.
  6. Take photos/videos of seepage issue notice seeking repair and payment of compensation for damage within certain fixed time warming of legal action. If no efforts are taken towards repairs, get it repaired keeping record of   After work is done issue second notice for reimbursement of expenses. After that file a suit for recovery of expenses and compensation  for mental harassment. You will recover every single rupee with interest.
  7. You can compel them to provide all amenities against payment of 4K maintenance. Let them realize you are capable of making use of law to enforce you rights.  

Ravi Shinde
Advocate, Hyderabad
4075 Answers
42 Consultations

5.0 on 5.0

File a FIR or criminal complaint and proceed with the same. 

Prashant Nayak
Advocate, Mumbai
32164 Answers
185 Consultations

4.1 on 5.0

The police will not interfere in the civil matter.

If he has assaulted or insulted the woman then you can give a complaint to the police against him for outraging the modesty of women, creating nuisance and trouble to you and your family members, besides joining other people to threaten you and trying to drive you out of the property.

For the seepage problem and other other civil issues, you may issue a legal notice to the president of the association to make them alright failing which you can drag the president to the consumer forum for compensation towards deficiency in service besides compensating yo for the damages.

 

 

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

See to a local lawyer and admit a case against them in local court. Your problem covers many things which covered under many sections of different laws.

Mukund Kumar
Advocate, Rajkot
21 Answers

Not rated

You need to file a civil suit against your neighbour for the seepage problem. Attach all the photos and videos. 

Regarding illegal constructions affecting you- a civil suit 

Regarding the ill-behavior if its physical in nature - criminal complaint case.

If the amenities promised not being given- suit for damages against the Management of Society.

 

Abhiraj Jayant
Advocate, Delhi
49 Answers
1 Consultation

Not rated

Dear Client, 

                   You may try contact the RWA of your society and try to take the person into confidence if in case he/she is understanding enough and agree to help you with this and that may be the best option as  you also would not need to fall back on taking any legal steps against them.

You may also file a suit under article 21 of the Constitution which ensures right to live with dignity,right to live a quality life and under article 15 of the Constitution which ensure right against discrimination.

Thanks & Regards

Anik Miu
Advocate, Bangalore
9199 Answers
111 Consultations

4.7 on 5.0

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