Tenants vs.Flat Owner's Association
Querist :
Anonymous
(Querist) 16 May 2010
This query is : Resolved
Sir,
I reside in a flat,where there are 36 houses.Few are owners and the rest are tenants.The flat owner's are having some legal dispute with the builder for the transfer of property rights.The building is 14 years old, but the builder has used outdated lifts,poor quality generator, there are no proper muncipality water connections, etc.Now the issue is most of the tenants residing here had not been informed of these issues while occupying the flats.And the owners' association is least bothered to resolve these issues.The maintenance charges which we pay are also used to meet the owner's association's legal expenses,bribing the various departments like KWA,KSEB,etc, paying the personal telephone charges of some of the members of the owner's association, etc.Wherever, the owners need to put money, we are being exploited and made to pay for that too.None of the owners respond to our requests to help or support.There is no accountability and transparency of the money collected from us.
Apart from all these, the rsident owners pay less money towards maintenance and water charges,etc.We tenants are compelled to pay more.If anyone speaks against the owners association, they are openly challenged and made to suffer by cutting their water & electricity supply.Some tenants were also threatened to throw out of the building.Even the employees like the security guards,cleaning personnel are also advised not to listen to the tenants.
Kindly advice us as to what can be done.
jayaselan j k
(Expert) 16 May 2010
hi
the advise for ur betterment and to substantiate ur tenancy rights, u might file a suit seeking remedy under tenancy laws prevailing in India.for example in Tamil Nadu the act WHICH safe guards the rights of tenants is under TN BUILDINGS LEASE AND RENT CONTROL ACT. The facts stated by u squarely attracts the act stated supra.
ambika.S
(Expert) 16 May 2010
Approach consumer forum for deficiency in service against the Owners Association for not providing quality services for the relief to get good service and for the money accountability and for compensation for hardship suffered by the tenants. You can also get refund of the deposits collected for the particular cause if the same has not been completed.
Querist :
Anonymous
(Querist) 17 May 2010
Thanks for the inputs.But if we file a suit against them, won't we be asked to leave the house? As it is the owner's association cuts our water supply, electricity, etc and even threathen us openly that they will see that our owners' ask us to vacate their houses which we have rented. Even the tenants are divided over the issue.Only very few dare to voice their opinions & displeasure to the owners' association.
We do not have any proof to submit against them, as they have bogus bills for their expenses done and even our owners don't know the exact scenario or are mum about all these things.
We even doubt if the building has secured the required approvals from the concerned authorities.The taxes are also unpaid since few years.But since we do not have accessibility into the details, how can we really proceed ahead?
Uma parameswaran
(Expert) 17 May 2010
No, you could not be expelled from the building for filed a case.You can proceed as L.Friends told.
