maintenance monthly fees misused by president, secretary and
bangra
(Querist) 20 June 2010
This query is : Resolved
Sir
I wish to know how to I proceed to nail the president of the building association which is commercial complex.
I am a tenant for last 5 years and paying regularly maintenance fees of 250 rupees to the maintenance association which is not a registered body without any bye laws but being operated,
Last year they built a room adjacent to my shop which is totally illegal, without any permission from the corporation, electricity fire department or any bodies, this room is blocking air and light to my shop which has window besides the balcony and stair case, now I have objected to the room being built thus telling them it is nuisance to me, it is noisy where loudly they speak and blocking free air and light plus the generator below blocks the flow of carbon and pushing noise and carbon to my shop.
The president from the day one when they started building refused to change the idea and went ahead and completed the room and i could not object further only complain to the corporation where he went and bribed and continued working, now I have refused paying any maintenaance amount stating that 250 rupees is paid for mintenance purpose wheres the committed paid about 85, 000 rupees in this room and wasted the collected money.
Can u help me how do I proceed further and ensure the president and his team is penalized the room is demolished?????//
adv. rajeev ( rajoo )
(Expert) 20 June 2010
File a suit for mandatory injunction. You have to easement rights.
R.R. KRISHNAA
(Expert) 20 June 2010
Dear bangra,
Since you are occupying the premises for only 5 years there is no easementary right for you to claim relief from court.
May be on the ground of nuisance you can file a suit for mandatory injunction before the civil court. (But in case if the society comes out with a bonafide reason for constructing the room then your relief may be denied by court).
Otherwise you may complain before the corporation authorities in accordance with the relevant provisions to demolish the unauthorised construction.
Best regards.,
