Housing society rules
Querist :
Anonymous
(Querist) 17 January 2020
This query is : Resolved
We have just shifted in a new housing society a few months back. We were told about certain rules w.r.t the bill payments, waste management etc ...but we were not given any society guide book or rule book. I just installed a new dth (airtel) for my house but after 2 days i suddenly found it disconnected. I was told i can only use local cable or Tata sky as my provider. We were then sent a 33 page handbook of society rules.
Had i known about this handbook or this rule, I would have happily complied but no one told us about this when we came here to live. On top of that I spoke to another association member about getting a new dth connection and she also had no clue about this rule.
I am happy to shift my connection to comply to society rules but what about my money that i just paid to airtel. I bought an airtel dth because no one told me about this rule...not even the management committee member....i dont want to lose my money coz they are unclear about their own rules and because i did out if ignorance.
Also how fair is that they just disconnected it without even informing me?
SHIRISH PAWAR, 7738990900
(Expert) 17 January 2020
Dear sir,
Being new member you were not aware about the society rules. You can take legal action against the society. However damage was just thousand so ignore it and install society approved DTH.
Regards,
kavksatyanarayana
(Expert) 17 January 2020
Yes. You can take legal action. for this, you have to spend some amount for causing a notice to the parties. so it is better to settle with society in an amicable manner or leave it.
Dr J C Vashista
(Expert) 19 January 2020
Whether the Society can pass any such resolution and dictate members/ residents that only "so and so" company dish can be installed in the premises? If so, it is illegal and invalid.
It is advisable to consult a local prudent lawyer with Bye-Laws adopted by Society for better appreciation of facts, professional advise and necessary proceeding.
P. Venu
(Expert) 19 January 2020
Yes, the Society is taking law into its hands and acting as 'Khap' Panchayat. You have the option to serve legal notice and/or to initiate a civil action.
T. Kalaiselvan, Advocate
(Expert) 26 January 2020
Ignorance of law cannot be claimed as an excuse.
If they have not provided the handbook containing the bylaws, t becomes your duty to enquire about it and also with regard to the current dth arrangement.
The society will not and cannot compensate your losses and any effort taken by you in this regard may not be legally maintainable.
Your anxiety has costed you this loss.
.
P. Venu
(Expert) 28 January 2020
In my understanding, the Society is not a law making body. As such the handbook containing the bylaws falls short of the basic elements that constitute the Law.
