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Veerendra   26 October 2022

Can housing society office bearers be fined for mental harrassment / not carrying out repairs ?

Dear all eminent lawyers,

Daily I read in the newspapers regarding compensation being awarded to patients for medical negligence . I also read about consumers being awarded compensation for faulty services. I have also read about housing society office bearers being fined for not carrying out necessary repairs in the buildings of the society etc.

Now my query is

  1. Whether the housing society office bearers can be fined for causing mental harassment to a member. Are there any judgements in this regard ? If yes, pls share the links.
  2. Can the housing society office bearers be fined for not carrying out much needed structural repairs in the building ?  What is the procedure for this ? To which appellate authority or court should I approach

Pls also share links of judgements in this regard ?

Hope to see a lot of responses and many thanks in advance for the same.

I will develop the much needed clarity reagrding my issues if the forum shares links of relevant judegments.

Regards,

Veerendra Darakh



Learning

 6 Replies

Dr J C Vashista (Advocate)     27 October 2022

Imposition of fine or otherwise depends upon the evidences produced by parties to lis.

Deficiency of service can be imposed with fine by competent Consumer Disputes Redressal Commission and not by Registrar Cooperative Societies.

Answer to Question No 2 is negative. 

You will have to do research work yourself on specific subject matter / dispute, which cannot be presumed and spoon-fed.

N.K.Assumi (Advocate)     27 October 2022

It all depends on your society's bylaws. If the bylaws of your society imposed such an obligation on the official of the society which they neglect to perform it, they will certainly be liable for penalty through the District Consumer Forum.

1 Like

P. Venu (Advocate)     27 October 2022

In the absence of facts which constitute the alleged mental harassment, the query is too speculative.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 October 2022

Society office bearers must follow its bylaws rules only. One of the biggest reasons why laws are important is because they help people coexist in a peaceful way. If there were no laws, then people would have to use violence and aggression to be heard – but not with the law!

1 Like

N.K.Assumi (Advocate)     27 October 2022

You reminds me of Roscoe Pound, on Lawyers as  Social engineers.


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