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Anindya Ray   04 January 2017

Injury, damage to property due to playing inside housing soc

I live in a co-operative housing society in Mumbai. Often children playing cricket, football inside the society compund have injured others as well as caused damage to property both of members as well as of the society. Even though society, in its annual general body meeting, has passed a resolution that members whose children cause such injuries and/or damages shall have to reimburse expenses incurred and caused for such acts, they refuse to pay up. They simply deny the involvement of their children. In fact, whenever the society management committee has complained to the police on this, the concerned member(s) have put in a counter complain of harrassment against the society management. Some of the involved members with contacts have even used their influence with the police to harass the society secretary and other members. Police, instead of taking the society management committe's side, would ask them to refrain from harassing the kids as it would  infringe upon the children's human rights. Under the circumstances the society management committee is scared of complaining further and/or take any action. 

In view of the above, please advise what really can the society management committee do (legally) to stop this?



Learning

 4 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     04 January 2017

Check with your DDR Office and file for damages

G.L.N. Prasad (Retired employee.)     04 January 2017

Get CCTV installed through society.  So that those who break the law can be booked with evidence.

 

You can also take video shooting or telephone the police when the prohibited acts are taking place within premises.  You may involve society office bearers also.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 January 2017

Submit your grievances to the registrar of cooperative societies. The Department of Cooperation will regulate and monitor the activities of Cooperative Societies to ensure their democratic function and to protect the interests of the members of the Cooperative Societies as provided in the Cooperative Act.Cooperative Societies are Organizations that are registered under one of the Cooperative Societies Acts

Kishor Mehta (CEO)     04 January 2017

Sir,

Section 168 of Model Gye-Laws of Co-Operative Housing Society - 2014 state as under:

"168. The meeting of the General Body of the Society may, after taking into consideration the location of the building or buildings of the Society and their surroundings and the open space available for playing games by the Members of the Society and their children, allow such games to be played during such hours as may be fixed by the meeting of the General Body of the Society and subject to such restrictions, charges and penalties as it may impose".

It is advised to pass a resolution in the AGM or SGM about the timings and the games that can be allowed to play in the society compound, if the members or their children do not follow the istructions, you should issue a warning to the members and on repeated disreards to the warnings, you can approach the Dy. Registrar of CHS of your zone for the disqualification of the membership of the member from the society.

Good Luck,

Kishor Mehta

 


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