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Society denying services in flat in flat owned by relative
03-Apr-2025 (In Civil Law)
Due to a personal dispute, the society is asking me to vacate the flat in which I am staying, which is owned by my relative. Relative hasn't asked me to vacate. Now they asked housekeeping staff to not collect my waste for which we have paid maintenance. Can I complain in consumer court as a beneficiary? The registrar has not taken any action. Please advise.
Since the flat is owned by your relative, the society cannot forcibly evict you unless there is a legal reason. Your relative (the owner) has the right to decide who stays.
Regarding housekeeping staff refusing services, if maintenance charges are paid, denying essential services like waste collection is harassment and unfair trade practice.
Send a written complaint to the society, citing paid maintenance and asking them to restore services.
If ignored, file a complaint with the Deputy Registrar of Societies for harassment and denial of rightful services.
You may approach the Consumer Court for deficiency of services, as maintenance fees include waste collection.
If the situation worsens, a civil suit or police complaint for harassment may also be an option.
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Adv. Vaibhavi Muthinty
Dombivli | 100+ Answers
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If the flat is legally owned by your relative and they have not objected to your stay, the society has no legal authority to force you to vacate. Any such coercion amounts to harassment. Further, if you are paying maintenance charges, the society is obligated to provide essential services like waste collection. You may file a complaint before the Consumer Forum under deficiency of service and unfair trade practice. You may also approach the Registrar of Societies again in writing and, if no action is taken, escalate the matter to the District Deputy Registrar or approach the Cooperative Court for relief and injunction against the society’s arbitrary actions.
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Adv. Vikrant C Deshpande
Mumbai | 5+ Answers
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Well, you can lodge a formal Complaint in this regard to the Society Registrar of you can serve a Legal Notice prior to registering a Complaint with the Registrar, that, what the Society has been doing is legally wrong, for which, they have to face legal repurcussions in future.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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