French window permission in a cooperative society in mumbai
Amit
(Querist) 19 January 2014
This query is : Resolved
I am a member of a CHS in mumbai. The society had undergone full repairs eight to nine years back. At that time it was decided that no one would be allowed to make a french window later as the contractor was giving awarenty only if this condition was met.
I was not aware of this and i had bought the flat five years back. when i was making the french window i was stopped citing this reason.
Six months back another member made a french window and no one stopped him. The secretary told me (verbally) that i too can make my french window.I told him that i will do so later. A fortnight back i gave an application of my desire to make the french window to the society and told the secretary that i was making the same.
He told me to go ahead.
Now when the work started the society members stopped me from further work and asked me to attend the meeting on sunday.
In the comitee meeting they agreed that the warrenty was void because they had not stopped the other flat. But told me that they made a mistake once and dont want to make it again and denied me permission.
I asked this in writing but a week later have not got any communication from them.
What are my optiond....pls advice...
P. Venu
(Expert) 20 January 2014
How the Committee or other members are concerned? Does the French window adversely affect or injure them in whatsoever manner?
Rajendra K Goyal
(Expert) 20 January 2014
If the warranty clause consist the term, the committee members are justified in not giving the permission in the best interest of the society.
You should ask the same in writing from the society and also file your concern over the window by another member. If no action taken by the society file case before the cooperative court.
V R SHROFF
(Expert) 20 January 2014
OUTSIDE LOOK AND DESIGN OF GRILL/ WINDOW IS A CONCERN OF CO-OP SOC. yOU HAVE TO ABIDE BY THEIR ORDER.
A contract, is also enforceable ONLY if No such Window; proves damage and loss to Society.
ajay sethi
(Expert) 20 January 2014
tell the society to ask other member to remove french window too . rules should be applicable to all
Hemant Agarwal
(Expert) 21 January 2014
INTROSPECT on this:
1. The concept of a Coop. Society, more so in a "Flat OWNERSHIP Society", is limited and restricted to providing "Common Services and Amenities" .AND. "not" to dictate terms .OR. make rules .OR. impose legally perverted decisions or penalities, on its members.
2. A member is entitled to make "any & all" changes in his own flat, subject to parameters and restrictions, prescribed under the MRTP Act.
3. A Coop. Society has no legal jurisdiction to stop or restrict any member, from installing "french windows", subject to appropriate permissions from the local civic authority (eg. BMC in Mumbai and PMC in Pune)
4. A Society member, may file a private Criminal Case against the relevant Mg.Committee member and the Security personnel and any other Society, who comes forward to restrict /intimidate /threaten and/or stop the member, from doing what is legally permissable.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
T. Kalaiselvan, Advocate
(Expert) 21 January 2014
Expert Mr. Hemant Agarwal's suggestions sounds very good piece of advice, the author may follow the same for relief on the issue.
Amit
(Querist) 07 February 2014
Gave my application to society on 1st jan still no approval or denial in writing
In the meeting which i attended when i told them that the warranty is already void as two other members have conducted similar work they changed their tune to the building structure getting weak because of my work.
I appointed a structural engineer (MCGM Approved)who gave me a certificate that my making the french window by breaking the pardi wall will not damage the building.(This was a balcony wall earlier and the pardi made later on.)
I got BMC permission stating that i can do tenentable repairs.
So i started work
The society called the police.We went to the police station where the police said they cant stop me.
In an hour the society get a bmc officer to visit stating he has received a written complaint and says permission was not for breaking any pardi wall and i should restore the same in a day.
Nothing in writing given.
What should i do now
Sudhir Kumar, Advocate
(Expert) 09 February 2014
subjective query is difficult to reply on this forum.
site examination and examination of papers is relevant
Sudhir Kumar, Advocate
(Expert) 09 February 2014
repeated
http://www.lawyersclubindia.com/experts/French-window-in-a-CHS-in-Mumbai--452701.asp#.UvdOtfs1hn4
ajay sethi
(Expert) 09 February 2014
why do you raise repeated queries . ?
