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Jagtap (Proprietor)     28 October 2013

Harrassment by secretary

As per byelaws I took permission from Society for renovation of my flat. In between the work they have made silly excuse that I have damaged building and have stopped my work. They have appointed Structural Auditor to confirm the damages. There is no sign of the enginner from few weeks. I have taken advice correctly that I have not done any structural damage. They have also tresspasses and entered my house and without any qualification send me notice that I have damaged the building. My work is held up unnecessarily.

I want to give them strict punishment for such harrassment. Please advice.

Jagtap

Mumbai



 6 Replies

Bhaskar M. Raut (Advocate)     28 October 2013

If you have taken renovation work with due permission (with certain terms and conditions) from the society then the society cannot  take any objection for your work.  You must obey the conditions  stipulated by the society, while giving permission for renovation. Please go through the notice of society and reply suitably to it. After all the society has to take into consideration the interest of all the members and most importantly the building structure.

Jagtap (Proprietor)     28 October 2013

As I have explained earlier I not faultered anywhere technically or by document. This is just display of power and arrogance by the secretary. How can I proceed to resolve this behaviour ?

Bhaskar M. Raut (Advocate)     28 October 2013

Please make written complaint with the Dy/ Asstt.Registrar of Societies in your area

Jagtap (Proprietor)     28 October 2013

Can I file suit ?

Bhaskar M. Raut (Advocate)     30 October 2013

First you have to approach to the statutory authorities i.e. Registrar of Cooperative  Societies. If you are not satisfied with the action of the statutory authorities  then of course  you can file suit in the cooperative court. Please take advice of  your advocate.

Ibrahim Deshmukh (Legal Consultancy)     06 December 2013

It all depends on, what type of renovation you have undertaken.   If a major work you are undertaking in your flat, permission from Ward officer is must then only society’s NOC shall follow.  The society has no authority to give “permission” but it can only issue a conditional “NOC” to carry minor renovations.  For major renovations, Municipality gives permission with some some “dos” and “don’t’s”, which follow society’s NOC.  

e.g. if it’s a minor work in your flat say a light-weight partition to install, without brick work and less than 5 ft, in height, no need of permission from authorities or NOC of society. But if you are raising kitchen platform or changing floor tiles, you will need NOC of society only.

But suppose during such minor works if your contractor is damaging the structure (columns or beams) or violating any conditions of the NOC, certainly society will intervene in common interest.  However, if you feel you are well under the limits of these legal boundaries and if society it unduly harassing you, certainly you can take the society to its tasks to claim damage/compensation.

Ibrahim Deshmukh
Legal Consultant

ibdesh@gmail.com
www.law-india.com



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