Hsg Soc bars Bachelors from renting
S N Banka
(Querist) 14 November 2009
This query is : Resolved
I understand consumer court in Mumbai has given a verdict that Hsg Soc cannot bar students from renting Flats,But our Hsg Soc has passed a resolution in A G M to bar students. IS it illegal and what action the flat owner should take on Soc.secretary.
Raj Kumar Makkad
(Expert) 14 November 2009
A consumer complaint lies in this matter as Govt. has not frmaed any law it is the verdict of forum which can further be challenged.
A V Vishal
(Expert) 14 November 2009
The MCS Act does have not provisions for "Prohibited & Restricted" areas in the Society premises. The Managing committee has compulsorily to work under the provisions of the MCS Act and if the MCS Act does not provide for restrictions on "tenants", the managing committee resolutions and the GB resolutions are "illegal & invalid". Even "selective & prohibitive" provisions created under a "bye-law" by the GB, is also "illegal & invalid".
If such instances in society are a regular feature, then a "suo-moto" application may be forwarded to the Registrar of CHS for "de-registration" of the society registration, citing the "illegal and invalid" activites and for violation of the "Rule of Law".
The Society is concerned only with 10% extra charges over the regular service charges, as non-occupancy charges and nothing beyond this.
It is the discretion of the flat owner to let his property out on rent/lease, under the appropriate terms and conditions prescribed by the Law. Only the flat owner can decide the type of tenant he wants to rent out his premises, BUT within the parameters of Law (i.e. cannot rent out his premises for commerical or illegal activities and so on).
S N Banka
(Querist) 14 November 2009
Dear Mr. Makkad , Thanks for your reply. Pl refer to report published in TOI Mirror dated 24th jAN 2009. The state Consumer Redressal commission upheld a District consumer Forum interim order restraining a Hsg Soc from evicting bachelors.Does it not give it a legal status.
Dear Mr. Vishal, whether the word 'not ' in 1st line of your reply needs to be deleted. pl confirm
