Upgrad LLM

issue with apartment association


In my apartment the Garbage Drum is placed besides my car parking area. Most of the time the waste is spilling over to my parking and we are facing lot of problems with rats getting into the car and bitting the wires and seat covers. More over we are unable to bear the horrible smell and feel very tough to walk on the garbage to take the vehicles. This issue is severe from past 6 months and even after brining to the notice of the association they are not willing to move to other feasible alternative options   due to personal reasons. Kindly suggest if we can go legally on this.

 
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Scientist/Engineer

In which State are you? What kind of Association is it, co-operative society, under apartment ownership act, societies registration act, unregistered or any other?  Have you got bye-laws or its equivalent?

 
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ha21@rediffmail.com Mumbai : 9820174108

1. IRRESPECTIVE of ANY "State" .OR. "Association /Society /Apartment" or bye-laws or whatever, you may do the following:

a) Take some Time+Date photographs of the Garbage with few friends standing and pointing finger at the Garbage and your Car.

b) Issue a Legal Notice to the Assocaition, to shift Garbage dump

c) Procure Car-Garage bill for all the expenses due to damages

d) File Complaint in the local Consumer Forum, for "negligence & deficiency" of the office bearer of the Association, and claim damages and compensation, consequent to which your Assocaition member will always be careful to such events.

 

Keep Smiling .... Hemant Agarwal

READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar

 
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Scientist/Engineer

You say that you are in Karnataka and that you have a registered association. Under which Act is your association registered, under the Societies registration act or under the Karnataka Ownership Flats Act? You may be having bye-laws. Do the bye-laws say anything about the disposal of garbage? Are you in Bangalore City or in any other city in Karnataka? Generally the municipalities are responsible for the ultimate disposal of garbage. 

The present arrangement in Mumbai city is like this: There are specific spots not very far away from the buildings, where the Societies should make arrangements to dumb the waste. The municipality will make arrangement for their further disposal. Previously there was a scheme, probably the brainchild of Advocate Agrawal, called Advanced Locality Management (ALM). Under the scheme each housewife should segregate the waste generated in the household into bio-wastes and non-bio-wastes. Bio-wastes are those which can putrefy and give smell like kitchen wastes. Non bio-wastes are wastes like paper. The service person of the Society like the sweeper engaged for the purpose will carry them to the Municipal dump and dump them separately. The Municipality had separate schemes for the disposal of the two  categories.I knew from the very beginning that it was a Tuglakian scheme. Tuglakian means something which is excellent in principle but impossible to practice. The scheme presupposed a high degree of discipline and knowledge on those responsible to put ALM into the practice, viz the Society Managing Committee, the housewives and the sweepers. Besides that they have neither the knowledge nor the discipline, each one will not obey the other one in the line of command. What happened? The Societies  were fined. The Secretaries paid the fines. It was not their own money in any case. The housewives could not bother less. They did not know the Society was paying and didn't have the time to realize that it was their money. The sweeper gets his or her salary. The Society will dare not cut their salaries. After a few impositions of fines here and there, the scheme died a natural death. In a country where a simple thing like prevention of littering or urinating on the wayside could not be prevented, how do a sophisticated scheme like ALM can work?

You sit down and think how in practical terms your problem can be solved. Who is the person or authority who is not taking appropriate action? Is it your Secretary? If so, if you were the Secretary what action would you have taken?  Will you dump the waste near another person's car or is there an isolated place? Who is responsible for the ultimate disposal of waste, like say, the Municipality and what is their scheme?

If you can find answers to these questions you have solved your problem.

 
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ha21@rediffmail.com Mumbai : 9820174108

As usual, Long winding biased Philosophical RANTING, leading to a blind Tuglakian gully.


Keep Smiling .... Hemant Agarwal
READ ARTICLES ON:  http://hemantagarwal21.blogspot.in/?view=sidebar

 
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Advocate

The querist has repeated the query, the same query in the previous query was properly addressed, a visit to the previous thread fetch more opinions.

 
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