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Disparity in providing common service by apartment owners association.
20-Jul-2023 (In Consumer Court Law)
I own a flat in Chennai in a gated community of 72 flats. Monthly MC of Rs. 1000/- is collected from all the 72 members. But day2day cleaning service of common area is provided daily only on one part of the entire open area while the other part is totally ignored and cleaning / sweeping is done only once in a month or two for this side. More owners reside in the cleaner part & more tenants in the part neglected. This disparity in providing service is continuing over past 1 year. EC members of the owners association turn a deaf ear to pleas. Is there Any legal provision to help us pls ?
The legal way to handle the issue is that any tenant or member ofthe association who is affected by such ignorance or all those who have the said grievance should combinedly approach the president/secretary with a representation reduced to writing, get an acknowledgment to the representation submitted, wait for the meeting to be called, move a resolution to this effect advising the cleaning staff to take care of the maintenance of the entire premises irrespective of who lives whereat frequent intervals, failing which the maintenance charges paid will be proportionately cut. If the chair or other members do not cooperate to discuss the issue in the meeting and fail to arrive at a solution, the affected members should arrange to employ some other person (though this can attract wrath of the association for violating bylaws) arrogantly and show their dissent to the scant respect the body shows towards the other members' feelings and conditions.
Next step is to issue a legal notice to the president/secretary pointing out the irregularity and step motherly attitude of the office bearers towards the grievances of the tenants or affected residents. This will certainly open their brain to either do something to solve the issue or may prompt them to give a reply through their lawyer denying the allegations, and either of this will guide you with further steps to be adopted.
You may come back with further queries in the event of unable to initiate the steps suggested or what to do next on this after complying with the steps suggested.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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