Deficiency of maintenance services by apartment association
I own an apartment in Chennai in a gated community of 72 apartments. Monthly maintenance charges of Rs. 1000/- is being collected from all the 72 members. But day to day cleaning service of common area is provided daily only on one part of the entire open area while the other part is completely ignored and cleaning is/ sweeping is done only once in a month or two for this side. More owners are residing in the cleaner part and more tenants are residing in the part which is completely ignored. This disparity in providing service is continuing over the past one year. The Executive committee members of the owners association turn a deaf ear to our pleas to do the needful.
From a legal opinion article by Advocate Ms Saroja in The Hindu in 07-Sept-2014, I learnt that as owners associations are formed by owners themselves and even the the affected owners are part of the association, the services provided by collecting monthly maintenance DOES NOT come under the purview of consumer act.
Is there any legal provision to make the association provide service to all 72 owners/residents without any disparity ?
I request the eminent members of Kanoon to guide me in this matter.
Regards / Raghavan