Suit
Thyagarajan
(Querist) 24 September 2012
This query is : Resolved
Dear Experts,
In our block of multistoried building, in a floor, one of the flat owner complained to another in the same floor that the racks that she is keeping in the corridor for keeping footwear obstructs his family members’ movement to and from the lift. He also requested her to keep the rack inside his flat. She refused.
After few days she complained to the Association Secretary that the other owner barged into her apartment in drunken mood, abused her and threatened that he will throw away the racks. The Secretary refused to interfere claiming it is not his duty to ensure code of conduct of members of association and this matter should be settled between themselves.
Ultimately she issued legal notice to other owner of criminal misconduct. She also involved the Secretary in the notice as second party. Her contention is Secretary as per bye-laws is duty bound to ensure code of conduct of all members in Association. When the issue was brought before the Executive committee it passed a resolution endorsing the Secretary’s view.
If she takes up the case to magistrate court, will her petition be found maintainable involving the Secretary as well?
Can some expert reply by end of today?
ajay sethi
(Expert) 24 September 2012
there must be a resolution passed that no member shall store goods etc in common passage . if any member has done so then on complaint received secretary should issue notice to said member to remove the foot waer stored in the common passage .
if any member has taken law in his hands and barged into another member residence the secretary ought to have reprimanded the said member .
if she files complaint society will have to defend the secretary .take the stand that secretary on receipt of information reprimanded the other member .
contact a local lawyer . necessary to go through the papers of case
venkatesh Rao
(Expert) 24 September 2012
Mr. Sethi is perfectly correct.
