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Thomas (Team Lead)     21 September 2014

Ipc 339 - wrongful restraint

1)I leave in a complex of 13 buildings at Thane.It has 429 flats & regististered society.A SGM was called on 24th Aug 2014 whereby the resolution is said to be passed for closng the gate near A1 bldg,However the Agenda for closing the gate was not in the notice of SGM.
2)It has 2 gates for entry/exit provided by builder/as per sanction plan from Thane Muncipal Corporation-- The 2 gates are parallel to the 30 mtr road & 6 buildings apart from each other((All building are straight in line A1,A2,A3,B1,B2.B3).....One gate near A1 buildings and other near B3 building)

3)The society committee members has placed a lock  on the gate for last 20 days on gate near A1 thus forcing all people to enter/exit only from gate near B3...People of building no A1 & D1 have to walk 6 buildings away to enter/exit..Earlier gate was kept open near A1, which was next to their building.It is causing lot of inconvenience to children/elder people.Also in case of fire/ emergency the exit cannot be used.

 


Can a criminal case against IPC 339 be filled with police?

Can we take any other action to open the gate at the earliest(Within 30 days)?

Can the panel suggest a faster way or provide guidance/assistance?

Can we get compensation for "Deficiency in service" as a consumer?

 

Can we get legal help?

Please help/advise.



Learning

 3 Replies

Sudhir Kumar, Advocate (Advocate)     22 September 2014

society member is not a consumer.

what consituttion of the society provides?

T. Kalaiselvan, Advocate (Advocate)     30 September 2014

Your question repeated n the experts section was properly addressed by many experts, you may visit it to know the details.

Sudhir Kumar, Advocate (Advocate)     03 October 2014

repeated

 

https://www.lawyersclubindia.com/experts/IP-339-Managing-comittee-closed-one-of-the-2-gates-by-placing-lock-in-a-13-bldg-Society-498256.asp


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