Sreeni (Others) 08 October 2013

Apartment association - misconduct.

Sorry for my duplicate post (civil law->litigation).

I really not aware on accessibility to various experts in this forum. Is it enough to post under one sub-clause - so that all can get a view of posted question?

Dear Experts,

There is a strange situation in our 36 flat apartment building. The president / secretary are rude in behavior and do not want to listen to people. The issue started where there is a practice in apartment where the lift is stopped at 11.00PM in the night and switched on at 8.00 AM in the morning. Due to this there is a severe pain for people (especially old people). Many people do not raise their voice in this and still adjusting.

However I objected this practice and I requested association that this is illegal and to keep it on is statutory requirement - because what if an emergency arises during night hours. The reason they give that since it makes noise when people use in night they switch off. I did not like this logic and fighting for this from quite some time. Since there is no change /action been taken by association on this activity, i stopped paying maintenance (asking give a break up of money spent on items so that people can deduct the money towards lift usage and pay). They are not doing this too.

While this goes they started verbal abuse with many people, have regular fights and there by affecting public tranquility, they even started send watchman do put pressure to pay the maintenance. I repeatedly informed that unless lift timing issue is addressed it would be tough to pay maintenance when the services are made unavailable. They even attempted to block way to enter apartment.

Since I am first year law student I understand all sorts of criminal offences they have commited so far.

such as assult, extortion, intention to cause hurt & grievous hurt, criminal intimidation etc.

I always requested them not to commit offcences of this sort, instead they can file a civil suit for recovery where by I can put the facts infront of judge - so that he can decide on compensation etc.

My query here is once they start above said criminal offences, can I file an NCR? or shall I go ahead with filing a civil suit for cutting the services - due to which I stopped payment of maintenance.

Can association has any power to discontinues services in illegal way instead of filing a civil suit for recovery - under the above mentioned circumstances?

Please direct me on next step & an legal reference in Bangalore would be appreciated.

Thanks

Sreeni

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 08 October 2013

Sreeni,

The apartment owners association, a registered body under society's act, will have its own bye-laws, wherein you can see that whether the alleged incidents like operating lifts within stipulated times only, have a mention in it, further more about the rude and harsh behavior of the president and other committee member towards the occupants of the apartment is illegal, no law can permit this behavior, you can go for a civil suit restraining the president from functioning their posts should they violate the bye laws and other articles of the association for their wrongful gains, besides you can lodge a complaint with police for their unbecoming behavior causing damage and insult to your name and image, before that gather other occupants, enquire if they had similar experience, pass a motion for urgent general body meeting and overthrow the president and other erring committee members of their posts, induct new set of people who you would rely upon.

Sreeni (Others) 09 October 2013

Dear Kalaiselvan,

There is no mention of lift timings with in by-laws.

The rude & harsh behavior is towards all residents, sweepers, maids, other labors who visit the apartment premises for their livelyhood too. So in summary every body appear victims of this behavior. As you suggested we the other residents would go ahead and put forward our opinion to dissolve this committe and see if there is any change. If no improvement then we surely go ahead with police complaint & civil suit.

Thanks again for you time & comments.

Sreeni