Tenants entry into a housing society

Franklyn (Querist) 30 June 2020 This query is : Resolved
Dear Sirs/Madams,
I am a Lessor of a flat in 11th Rd Khar in Mumbai and seek your urgent advice on the following subject.
On 20th March 2020, I had Signed and Registered a L&L Agreement with one of the big Banks in Mumbai as Lessee. Police Clearance was immediately done and sent by mail to the CHS as per their request. Prior to that on 3rd March I took precautions to obtain the CHS's NOC and forwarded the same to the Bank.
The Bank's Executive who has to move to Mumbai from Gurgaon had sent his goods container to Mumbai since 20th March approx. Due to the Nationwide Lockdown his goods were stalled and have reached Mumbai end May after Phase 1.
He naturally desired to move his goods into the premises and so I approached the CHS to inform them. They categorically refused and even though I have sent the Secretary and the CHS several WA messages, telecons and reminders they refuse to reply. I had asked the Secretary/Treasurer to clearly put down in writing their objections and despite my tireless effort, they refuse to reply.
On one of my first intimation to the Secretary he sent me a long list of hygiene requirements to be followed in order for the packers n movers to bring in the goods. The Bank had accepted all their requests and even to sanitize the building and common areas and avoid all interaction with the residents and staff all through the move-in operations. Despite all of that, they are still adamant and won’t let the tenant move in.
As on date the Government of the state has permitted maids, plumbers, carpenters and all other service providers to access any CHS, within the guidelines in the SOPs laid out. Why is a tenant moving in being treated differently?
Me as Lessor as well as the tenant and his fly have suffered heavy financial losses and are highly stressed out with this long delay. I URGENTLY seek your advice as even though I understand their fears I need to find an urgent and amiable solution for me and the Bank who is now losing its patience and can wait no longer.
Your immediate response will be highly appreciated.
Also kindly be informed that the CHS is comprised of 7 members including me, one flat per floor.
The Bank has clearly informed me that due to the Society's verbal objections they now need a clear written consent for the free movement of their goods and persons.
Kind regards.

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Quick Summary

A landlord is seeking urgent advice regarding their housing society's refusal to allow a bank tenant to move into a flat, despite obtaining prior NOC and the bank agreeing to all hygiene requirements. The society's continued obstruction is causing financial losses and stress. The discussion suggests legal action, including filing a criminal complaint and a suit for compensation against the society's management for overstepping their authority and causing damages. It highlights that societies should facilitate, not obstruct, property use and that individual members can be held personally liable.

Rajendra K Goyal (Expert) 30 June 2020
CHS need to take the required precautions. It has no right to surpass its scope. It had given NOC, if you / tenant is ready to follow the sanitization precaution issued by CHS, CHS should not object.

Discuss with local lawyer and try for interim orders from court in this respect if no amicable settlement possible. Can file case of compensation for loss and mental agony against CHS and the members of Management.

Dr J C Vashista (Expert) 01 July 2020
Similarly a Pune CHS put restrictions wherein FIR loged against Housing Society Secretary for devising his own COVID restrictions for Residents.
29 Jun 2020
An FIR has been registered against Secretary of a housing society in Pune for restricting entry of a new tenant and asking him to preoduce a medical certificate for entering the society.
The case was registered for violation of the Collector's order. District collector had earlier passed an order for all housing societies of Pune to not add any additional restrictions or rules for residents other than restrictions of government or district administration.
However, society officials by asking medical certificate and restricting entry of a tenant allegedly violated the district collector's order.
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File a criminal complaint and a suit for compensation against President and Secretary of CHS.

Rajendra K Goyal (Expert) 01 July 2020
Good information provided by the expert Dr. J.C. Vashishta ji, Thanks.

P. Venu (Expert) 01 July 2020
The role of CHS is that of a facilitator; they are not expected to do anything that prevents a member-flat owner uninhibited use and enjoyment of his property. The Secretary or the Office bearer had no authority to indulge in obstructions, as stated; they have virtually taken law into their hands and are personally liable for the loss that the flat owner and his lessee has suffered.

You may seek assistance of police as well as law in assisting the tenant to occupy the flat. As the first step you may address them through a lawyer highlighting the impropriety of their actions and your intention to seek damages, personally, from them.

Dr J C Vashista (Expert) 02 July 2020
Dear Sh. Rajendra K Goyal ji.
Thank you very much for appreciation.
Regards

Franklyn (Querist) 02 July 2020
Thank you so much gentlemen for your time and valuable advice. Appreciate your support. Lawyers Notice is being served to the society.
Thank you once again. God bless you all

Rajendra K Goyal (Expert) 02 July 2020
You are welcome, may revert in case of need.

Try to lodge FIR against the society if anything done against the norms / instruction.

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