Anon (owner) 18 October 2014

Errant building member taking away compound space

Hello all,

In our co-operative housing society in Mumbai, we have an errant member - someone who hasn't paid taxes in years. His case is pending with registrar.

Now, he is taking away common areas of the building. He has erected walls and roofs to enclose the compound and make it his own private property.

He tried this earlier and a complaint at BMC broke down the illegal construction. Now he has done so again, with temporary pandaal instead of permanent roof. He claims it is temporary, but in all probability he will make it a permanent structure. Water and dirt is accumulating on the pandal and putting all in the building at risk of dengue and malaria.

He is also threatening members of the society and has resorted to black mail tactics.

What course of action is available under such circumstances?

Regards,

Rajni

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7 Replies

Kishor Mehta (CEO) 19 October 2014

Sir,

You can take recourse to three avenues:

[1] Complaint to the Co-operative court for the pending dues of the Society; [2] Complaint to MCGM for unlawful construction; & [3] Complaint to local Police Station for unruly behaviour and nuisance to the neighbouring members.

Good luck,

Kishor Mehta

Kishor Mehta (CEO) 19 October 2014

Sir,

You can take recourse to three avenues:

Good luck,

Kishor Mehta

T. Kalaiselvan, Advocate (Advocate) 20 October 2014

Well advised by Mr.Kishore Mehta. If the errant member is not understanding or cooperating with the colleague members, he has to be taught good lesson by making him know the taste and music of law properly. You may take the help of a lawyer and initiate appropriate legal actions as envisaged.

Anon (owner) 29 October 2014

Thank you for your advice. The member is threatening people with property and life. He has threatened all at meetings with mention of goons. Building has filed with police station, but no action seems to be taken yet.

T. Kalaiselvan, Advocate (Advocate) 29 October 2014

The relief for police ineffectiveness is to approach the higher police officials with an additional complaint against the local police seeking relief under their direction and supervision, if this is also not effective, you may approach judicial magistrate court with an application u/s 156(3) cr.p.c. seeking direction to police to initiate necessary action on the complaint.

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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 05 November 2014

How many members are there in your co-operative housing society? Have you got a duly elected Managing Committee with Secretary and Chairman? How efficient are they? It is very usual that criminals get away the way they want. If you do not have a duly elected Managing Committee or if you do not have diligent honest Secretary and Chairman nothing can be done. The Secretary should be able to and prepared to devote time to go to court, police station etc. Also he should be a bold person not getting cowed down by threats. It is the bane of the legal system in India that criminals get away with whatever they want to do.