Installation of Lift by a member of a CHS
Querist :
Anonymous
(Querist) 22 May 2010
This query is : Resolved
Resp Sir,
I am 52 yrs old Asthamatic patient living on 4th [Top] floor of a bldg without lift. I had been asking for permission for installation of lift since the last 12 yrs plus. I had submitted the Architect’s drawing to the society for installation of lift. In last AGM, a resolution allowing me to install lift on Society's premises was passed. When asked for NOC on Society's letterhead with a copy of Property card and last paid assessment bill, for submission to BMC alonwith other documents, the society has told me that I should submit [1] a detailed plan from the Architect (the same has also been submitted), and [2] NOC from all the members of my bldg. The Society in turn will get my Architect’s plan approved from their Architect (he is also a member of the Society) and give me the above 3 documents only if their Architect approves my plan.
My query is whether the Society :
• Can ask for NOC of members.
• Has any right to get my plan approved from their Architect.
I being Asthametic, would like to get the lift installed at the earliest and with less of paperwork with the Society.
Kindly help me in the matter.
Rgds,
Anand.
Harshada Shukl Kulkarni
(Expert) 22 May 2010
Hi !
In my opinion, if the Resolution allowing you to install a lift is passed in AGM then it is understood that the majority of the members have given their permission and therefore no separate N.O.C. is required. As far as the Architect's plan is concerned, as you have already submitted the same to the Society, before passing such resolution, society must have considered it and accordingly passed the resolution. Hence you will have to now only take the permission from the proper / concerned authorities.
Raj Kumar Makkad
(Expert) 23 May 2010
It is entirely an injustice with you considering the whole facts. I suggest you to issue a legal notice to the society and take legal action against them on failure to get desired results within a short span of time.
Querist :
Anonymous
(Querist) 24 May 2010
Thank you Sirs for your valued guidance in the matter.
