Can I file case against owners association in consumer court ...
Abdul Aziz
(Querist) 18 April 2011
This query is : Resolved
Hello Sir,
Could someone please tell me, if a case against the "Apartment Owners Association" can be filed in District Consumer court.
The issue am facing is water leakage from the flat owner above me, who is an Ex-Secretary of the association. Also the present committee member are his colleague who were part of the earlier committee.
Would appreciate one line answer, whether could be filed in consumer court or not or else in which court.
Thanks and regards,
Abdul Aziz.
Sri Vijayan.A
(Expert) 19 April 2011
Consumer court does not have jurisdiction for this type disputes
Abdul Aziz
(Querist) 22 April 2011
Hello Sri Vijayan,
Thank a lot for your response and answer. Could you please give me some more information, where we could file a case against such "Apartment Owners Association".
Also information on where such Association is registered. I have been to Charity commissioner office, DDR, Co-Operative Hsg Society office & Deputy collector office all in thane to get the bye-law copy of my association to understand the rules and regulation and if its registered under Society registration act my case can be defended in District forum itself. Our Apartment owners association is registered in Thane with registration number P-822. Our Association will not provide me a copy of bye-law since i have already filed a case in district forum and its in our jurisdiction.
Would be really helpful if you could provide me the exact office address where our association is registered. B'coz the charity commissioner office i went have the series from A-F and they don't have information about P series where it is registered.
Once again thanks for you kind effort.
Regards,
Abdul Aziz.
Sri Vijayan.A
(Expert) 22 April 2011
Here in Tamil Nadu, the association is registered under Societies Registration Act in Registration Department and not Apartment Owners Act.
But in your area, this is different. Because, you have a separate Act for this purpose.
So, I advice you to consult a local Lawyer in this regard.
Thank you.
Advocate. Arunagiri
(Expert) 22 April 2011
If the society / association had not proper service you can initiate a case in Consumer court. But, your case is not clear whether the leakage has to be arrested by the society or by the owner of that apartment.
If both the apartment owners are having a dispute, the society / association will not come in to the picture. In this case you have to get a remedy through a civil court only.
Abdul Aziz
(Querist) 22 April 2011
Hello,
Thankyou Sri Vijayan & Arunagiri for your splendid response.
I have a dispute with the above flat owner who also happen to be the aof our committee at the time of giving written complaint to the association about the leakage issue from secretary flat . Since he was a secretary, the managing committee gave me unsatisfied reply for which i replied to them again asking for justified answer and they didn't replied till.
Then i intimated in wwritten to Cidco registrar, NMMC Ward office and another cidco official no response for that. Finally i filed a case in consumer district forum which comes under our jurisdiction only against those people who has signed in the written reply given to me (President, Secretary(from whose house leakage is happening to my flat) and treasurer.
Now the opponet has given me reply through their advocate, that i don't fit as consumer as per law hence this case is not eligible in district forum and request to close with cost.
I am looking for the office address where our association is registered to get a copy of bye-law which will give me detail information under which act the association is registered and accordingly to defend further.
At present the committe members will not give me a copy of bye-law since the case is in district forum. Request, if you can find the exact office location using you resource where our association is registered. Our association registration number is P-822, Thane.
P.S The charity commissioner office in thane has series from A-F for Apartment Owners Association and they are not aware of other series.
Thanks & Regards,
Abdul Aziz.
RAJU O.F.,
(Expert) 23 April 2011
In Tamil Nadu, there is 'The Tamil Nadu Apartment Ownership Act,1994' and also 'The Tamil Nadu Apartment Ownership Rules,1997.' These Act and Rules were framed on the scheme and model of 'Maharashtra Ownership Apartment Act,1970'. In your state, ascertain the relevant Act and Rule provisions, which govern the rights and responsibilities of the members and also the office bearers.
Abdul Aziz
(Querist) 24 April 2011
Hello Raju,
Thanks for your response.
Any body from this forum who has knowledge about the registrar office where the P series registration is done, please provide me with the office details from where i can get the bye-law copy. My Association registration number is P-822, Thane,
Thanks & Regards,
Abdul Aziz.
