Housing society’s unconstitutional laws.
Mayank Pandey
(Querist) 17 February 2014
This query is : Resolved
I am living in a housing society on rent at Aundh, Pune. I got this flat through a broker and I have proper registered rent agreement. The society made some unlawful rules for tenants only. Below are some.
1. If your friend come to your home after 8 PM he/she have to submit his original ID card(Like driving license, Pan card).
2. No friend can stay for a day without taking permission from society.
3. If FAMILY/relatives are coming, then we have to inform names, relation and period of their stay to society and take permission.
4. Your girlfriend/boyfriend are allow to come only between 8 AM to 8 PM and that also after submitting his/her original ID card and there is a fine if failed to get out after 8 PM.
There is no rule for owners in society.
They are taking our ID cards forcefully. A total harassment is going on. Security is talking and treating us rudely. Yesterday a security guard show us lathi too.
If we oppose against this unlawful acts, they are threatening us to leave our house.
I would like to know whether society committee have rights to make such laws which are against article 21 or not?
If not, What legal actions I can take against them?
Please advise, they are harassing us.
ajay sethi
(Expert) 17 February 2014
document these acts and address letter to flat owner that you want to terminate the leave and license agreement . the rules made by MC are ridiculous . the flat owner can move cooperative court against society .or he can request society to change these rules . if no action raise it in AGM or move court
Mayank Pandey
(Querist) 17 February 2014
I just move into this flat. I don’t want to terminate it now. I pay 20K to broker for this flat. It will be my last resort. My owner probably will not help me. This all rules made by MC is illegal, correct? They have no rights to make such rules?
Under what sections I can move to courts? Can I made police compliant first, as they are forcefully demanding ID cards of visitors which I think is illegal?
ajay sethi
(Expert) 17 February 2014
condition as to showing iD card for visitors is fine . all societies these days insist on visitors entering name and other details in visitor register book . time of entry and exit have to be entered into .
however condition that family / relatives are coming to your residence society has to be informed is ridiculous . similarly condition that boy friend/girl friend has to come between 8 am to 8pm only is utter nonsense .
you are entitled to your private life . it is not society business who warms your bed at night .
you complain to broker . ask him to get you another flat adjust your brokerage . he should have warned you about absurd rules in society . in addition write a stinker to flat owner . request him to take issue with MC
Mayank Pandey
(Querist) 17 February 2014
I have no problem in showing ID card. But they are keeping ID card with them and return back at the time of exit.
When I oppose they abuse us.
Mayank Pandey
(Querist) 21 April 2014
Hi Ajay,
All the nonsense began again. I asked my broker for another flat and adjust brokerage but he is not ready. We also discuss the situation with our owner but he said he can't help and said he has to vacate the flat if asked by the secretary.
Can we register complaint in Police against them under article 21, harassment, discrimination and maanhani?
