Bachelors and Spinster tenants in the society
Querist :
Anonymous
(Querist) 29 November 2009
This query is : Resolved
Our building is under construction and builder has formed provisional committee to have better control over maintenance work.
This provisional committee received many complaints caused due to nuisance caused by the Bachelors and Spinster tenants in the society such as having late night parties every week with loud music, Drinking liquor in society premises and going on top of the society terrace, Girls coming and staying overnight with the boy tenants (of course bachelors and same happening with boys staying over night with girl tenants). 99% of the society members complained about it and asked to expel bachelors and Spinster tenants. So this provisional committee has passed a resolution unanimously that no flat owner is permitted to rent his/her flat to Bachelors or Spinsters. Is this valid as per Maharashtara Society Act? If not then why? What action can society take against such bachelors and spinters if the resolution passed is illegal? PLS SUGGEST!!
A V Vishal
(Expert) 29 November 2009
Can a housing society bar its members from letting out their flats to bachelors, spinsters and foreigners? The State Consumer Disputes Redressal Commission last week upheld a District Consumer Forum’s interim order restraining a housing society at Marol from evicting bachelors who are staying in the building as tenants.
Last August, Akruti Aneri Co-op Housing Society had passed a resolution that owners can rent out flats only to families. All members who had let out flats to bachelors and spinsters were asked to get them vacated by October 1.
The agenda circulated at the society’s special general body meeting said bachelors, spinsters and foreigners residing in the society were causing a nuisance. “There has been a case of suicide, a few foreigners were involved in a sex racket, inadequately dressed females and males gather in the open area of the society at odd hours...â€, it said. The resolution was approved by a majority vote.
Aggrieved by the society’s decision, Cynthia and Salvador Pinto, who had let out two flats to bachelors, challenged the resolution in the district consumer forum.
Advocate U B Wavikar, who represented the Pintos, said, “The society’s resolution was unfair and unjust. Copies of all leave-and-licence agreements and police verification of tenants was submitted by the Pintos to the housing society. All bachelors and spinsters cannot be said to be engaged in unlawful activities and there are legal remedies to take action against offenders.â€
In October, the forum ruled in their favour. It noted that society did not give specific instances of wrong-doings and nuisance by the tenants. In an interim order, it restrained the housing society from implementing the resolution till July 31, 2009.
The society challenged the forum’s order before the state commission.
Advocate Rajan Malkani, who represented the society, argued that consumer courts have no jurisdiction to entertain the case, which is essentially a dispute between a housing co-operative society and one of its members.
B B Vagyani, president of the State Consumer Dispute Redressal Commission, rejected the society’s appeal. “The district forum has not committed any impropriety or illegality. The revision petition filed by the petitioner (housing society) is without any merits...â€, Vagyani noted in the order. But Malkani said the commission did not go into the merits of the case and had ruled only on whether consumer courts have jurisdiction to pass orders in such cases.
adv. rajeev ( rajoo )
(Expert) 29 November 2009
Vishal,
In my opinion challenging the resolution does not come under the consumer Act, jurisdiction is bar.
Very strange
sanjeev murthy desai
(Expert) 29 November 2009
Nicely narrated by Mr. Vishal and Mr. Rajeev also pointed good reply.
Raj Kumar Makkad
(Expert) 29 November 2009
No solution has been given either by Vishal or Rajeev against your problem.
Unlawful activities cannot be permitted within the premises of society and no law permits such type fo unlawful activities you are facing in your society so police action can also be taken against such persons and society members can also be penalized permitting such activities in the hands of their tenants. If such resolution is passed banning renting the flats to spinsters of bachelors, may be got nullified but maintenance of peace, calm and legal activities in the flats is the right of all members and such resolution is legal and can be declared upheld.
Querist :
Anonymous
(Querist) 30 November 2009
We did invited police in our premises last month (Oct 09) at 3.00 AM when party happened. Police man came, talked those bachelors and went. After an hour or so they all went to some another flat (rented to another bachelor) in same wing and started party with loud music. Also one of the student (fully drank) went on top of the water tank (on the terrace). They also broke the terrace lock and started shouting from the terrace. Even after creating such nuisance to all the society members, does our Indian law give right to stay such kind of tenants and treats society's decision to ban bachelors and stingers to rent a flat wrong? If it's right for such few people (bachelors and stingers) to occupi the flat any society, then what about our rights to live peacefully who obey all rules regulations?
Querist :
Anonymous
(Querist) 30 November 2009
Further we have enough evidences and written complaint against such nuisance with provisional committee. Does it still illegal (according to Indian law) to have a society rule to not rent a flat to bachelors and Stingers?
