• Grill installation issues

Hi,

My Senior Citizen parent live in our Flat on First Floor. The bedroom/living room windows are right above the swimming pool roof.Anyone can climb on the swimming pool room and enter our Flat. My parents want to install the grill (Not Box Grill) for safety, The Grill design is approved by the Builder.
Now that temporary society's committee is formed they are not allowing us to install the Grill. They verbally mentioned that it downgrades the aesthetic of the building. When I asked them to give the reason in written, they mentioned below:

As per said rules for "RULES GOVERNING CIVIL, PLUMBING,
.ELECTRICAL WORK INSIDE THE FLAT", Clause no. 7 of " PART I
ALTERATIONS AND INSTALLATIONS WITHIN FLATS AND FLAT EXTERIOR"
has been clearly stated that "No iron grills will be installed other than
ready approved design and agreed with the builder. Prior written
approval of managing committee is must for installation of any Grills"
You are being informed that only Invisible grills of approved design
allowed for all flats/units in our society facing inside the Society and
towards the main roads.
What can we do? as we wish to install IRON Grill?
Asked 3 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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10 Answers

That grill is very important and essential for your parents' safety and hence it can be installed as it has been approved by the builder. Give a legal notice to the society and if they do not respond then file a complaint against them before the competent authority.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

you can install other grills of design approved by MC

 

it is not necessary that only iron grills be installed in society 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes the competent authority/registrar should be apprised of the situation. Aesthetics cannot be the reason for ignoring the safety of a family. How ridiculous!!

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can complain to registrar against society refusal to grant permission for installation of iron grills 

 

if society refuses approach consumer forum for necessary reliefs 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The Rule against installation of grills is by no means absolute.

  1. Any grills of approved design agreed with builder can very much be installed.
  2. Any grills with prior approval of mc can also be installed.
  3. The restrictions are not restricted to invisible grills of approved design.
  4. Men are made for Rules, Rules are made for men.
  5. You have valid reason for installation of grills, as your circumstances are different, hence different Rules.
  6. Commence installation of grills after any attempts to restrain by MC approach Civil Court and obtain injunction, you will get order from Court.
  7. Registrar has no power to give any direction with regard to installation of grills.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

What do you mean by temporary society committee?

The temporary committee do not have powers to decide about such major issues.

If they quote the said bylaws as reason for refusal, then you must question their authority to take a decisions about  this major issue.  

However the law what they have quoted seems to be appropriate besides installation of such grills may spoil the aesthetic of the building appearance on the whole. 

The reason what you have stated for installing this iron grill/additional structure altering the basic structure is not justifiable 

The society bylaws and the law of the lad are common to all members of the society, nobody will be allowed by the society to take any extra privilege which would be breach of law or bylaws 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The registrar is not an engineer  nor the authority to approve such matters. It is not within the administrative controlling  functions of the registrar.

The competent authority to sanction any such approval would be the local civic body which had given OC hence if at all you are aggrieved by the decision of the society you may approach the local civic body with an application and an engineer's report to the proposed alteration to your structure. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Yes if society not giving you can go to registrar Or even consumer court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The residents' society cannot impose any such restriction, even if it is a registered body (You say it is a temporary committee). What 'rules' are they quoting? You may ignore their objection and go ahead with your plans, as safety of senior citizens is at stake in your view.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Dear Client

As per the facts which have been provided, you can go for consumer forum. If you need any further assistance.You can approach me through Kaanoon.

Thank You.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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