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Visitor be legally barred from using an apartment elevator


22-Mar-2023 (In Civil Law)
We reside in the third floor of a G+4 building of 16 flats in Kolkata. The Society Governing Body has recently notified that nobody else except the members themselves in person will be allowed to use the single elevator. So, the milkman, newspaper vendor, housemaid, the courier/postman (delivering cheque books, insurance papers etc.)and the service persons (for water purifier and other gazettes) are objecting threatening not to come to my flat.More than 50% apartment owners signed in support of restriction. This law was not mentioned in bylaw during society registration.My questions:1.Can the society legally restrict my use of "common area",i.e., the lift? 2.The notice mentions the words "vendors","labourers", "servants" etc. barring them from lift use. Even for entry in temples owned by trusts such discrimination are not allowed by law, even if these are not public place.What is the legal stand here? 3. Is it deficiency of service as I pay society dues regularly?
Answers (1)

Answer #1
690 votes
You are in third floor, and i can imagine what problem the people living in 16th floor must be facing. The remaining 50% also had to sign a memorandum regarding usage of the lift by outside person with resolution that members shall be given first right to use the life and then outsider.
ans. 1 . No.
ans.2 . That is not discrimination. The restriction is based on ownership.
ans. 3 Society can come under consumer protection.

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