enclosure at common passage of flat

dear learned advocate

please advice legal action on my following case

Best regards
sayed




Putting forward my greveance, recently I the owner of flat have filed a complain with the Society office of the illegal encroachment happening on the commoan space area of my floor which is the voilation to the housing society rules and regulations, unfortunately my complaint was not acted upon inaccordance to the rule and regulation, and the new owner went ahead in the encroachment siting the example of other flat owners who practised the same. This matter has to be raised in the AGM of the society for appropriate actions. There are very clear housing society guide lines with rules and penalty to be imposed on the voilators which currently is not implemented and it is encouraging member to carry out the voilation and ignore the right of other owners. The area which we purchased from the builder is inside our flat and that is mentioned in our purchase agrement, the common area belongs to all the owners and should not be encroached. Office bearers are our representative to protect the intrest of all the owners. 

In terms of maintenance charges we pay to upkeep the well being of all the premises which includes the common space also. Since i have already lodge my complaint with the society office i would like to seek the like mimded members support in resolving this issue and raising their objections also to the office berears to resolve this matter at the earliest with reference to the
 

 
 
Respected Sir,

In Spite of objecting and sending reminders to the society office the encroachment is done and no action was taken by the society office bearers to stop this illegal encroachment, this is very disappointing that the society office bearers did not respond legally. I am staying in the society since the construction and cooperating with all the rules and regulations and the society office bearers failed to protect the interest of a law abiding owner. 
Since there is already a rule under section (168-a Housing cooperative society) in place to impose a penalty and fine amounting to five times of the monthly maintenance bill on such flat owners, will it be imposed or there will be silence on this matter. I am requesting the society office bearers to immediately stop this encroachment and protect the right of all the