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Abdul Aziz (Sr. Consultant)     06 April 2011

Apartment Owners Association

Hello,

Our society is registered under "Apartment Owners Assocation Act" and its CIDCO building. I have a dispute going on with the committee member and due to unsatisfied answer in written, i have filed a case against the committee members in "District Consumer Court".

Its water leakage issue from above flat owner (thats happening from his concealed water pipe) who also happens to be Secretary of the committee at that time and i have filed the case against the present committee member along with the ex-secretary.

Now the opponent has given a written reply from court that this case is not applicable in consumer court and should be closed with no resolution.

Could someone please guide me how to proceed further for argument with consumer court with legal points. Below link explains the same scenarion of our Apartment Owners Association status. This link also says "It is an organaisation under Society Registration Act".
 

https://psomani.lawyersclubindia.com/experts/details.asp?mod_id=100341

Whom  should we approach for legal dispute. Is it Consumer Court or Civil Court.

 

Thank & Regards,

Abdul.



Learning

 1 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 March 2012

The reply given by Advocate Desai in the website marked by you is not correct. He has not answered the second question either. CIDCO flats are generally registered with the Registrar of Assurances and not with the Charity Commissioner as claimed by Advocate Desai. 

I am not sure whether your case will come under the Consumer Protection Act. There would have been an admission hearing before notice was sent to the Opposite Party.  If the case did not come under the Consumer Protection Act, the court would have told you then and not admitted the case. Wait to see what the consumer court says now.

Under the Registrar of Assurances there is no grievance redressal agency to the best of my knowledge. If the consumer court does not accept your case you will have to go to a civil court.


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