Can society compel tenants to show their ID card to enter the society

938 votes

The Society is classified as a "Service Provider", under the Consumer Protection Act, which is further reinforced from several Judgments of the Consumer Court.


The Sole-Responsibility of a Coop. Society, is to provide "Common Services & Amenities", to its members, which also lawfully means "Common Services & Amenities" to the Tenants of its members, which is more so specifically in lieu of the "10% Non-Occupancy Charges" that the Society has to mandatorily collect from its original member.

TENANT equals to "NOMINAL MEMBER":


A licensed Tenant of the original Society member is classified as a "Nominal Member", who by legal default derives rights to reside in a society members flat.  The "Nominal Membership" is to be granted to the Tenant, by virtue of the Rs. 100/- (as nominal members Entrance Fees).  However the Tenant derives no right to have any say in the affairs of the Society.


 IF the original member is paying the mandatory "10% Non-Occupancy Charges", THEN the "Tenant", definitely & lawfully derives all the rights to use the "Services and Amenities" that is available to the original member.  

SOCIETY “NOT” THE OWNER OF FLAT:


a)  The Society does not own the members Flat (ownership property).  The Society cannot have a say (whatsoever) nor decide on the type of Tenant that could be allowed to stay in the Society.  It is the sole discretion of the Flat-Owner (member) to rent his property out on rent /lease, under the appropriate terms and conditions prescribed by the Law.  ONLY the flat owner can decide the type of tenant he wants to rent out his premises, BUT within the parameters of Law (i.e. cannot rent out his premises for commercial or illegal activities and so on).


b)  A Society has no legal jurisdiction to refuse residing rights to a Tenant, under any circumstances, especially in a flatowned by its member.  This is a legal fact, decided in various orders by the High Court and the Supreme Court.


c)  A Society cannot refuse a member from keeping a Tenant, even if the member is a defaulter or whatever.  The maximum a Society can do is to inform the local Police Station, about any illegal activities being carried out in the members flat, by the Tenant or the Member. Nothing more. Even if the Flat-Owner (Member) has not takenpermission from the Society for keeping a Tenant, in his own Flat, it will not amount to any illegality, nor can the Tenant be classified as a "Trespasser".

In your case this is a discrimination done by the society which is completely invalid and illegal and could be challenged in the competent court of law.

Advocate Amjad Shaikh LawRato

655 votes

Hiii
In the very first instance no society restricts to enter in your home.....whether the landlord made an agreement with u...then only landlord can take actionu and ur other tenant friend can complaint against them to the society management.....

Advocate Sushama Mohan LawRato

917 votes

Dear Client,
I feel that the society is not out of place to demand ID from the tenants which is in the larger interest of the security of the residents, as tenants keep changing, every now and then it becomes hard to keep a tab on the persons coming and going therefore, from the security prespective the society may be correct to pass such a regualtion, also prior permission of the society is to be sought informing about the persons visiting is also in the interest of all the inhabitants, keeping in mind the growing crime rates, it is in the interest of all.

Advocate Rozario John LawRato