Legal Question in Construction Law in India

Our Society in the beginning did not allow front side French windows to be grilled as it was spoiling the show of the Bldg. In July 2013 theft took place in my & two other flats although Society has 3 night watchmen. I therefore grilled the windows in Aug 2013. The Society in the recent AGM has asked us to remove the grills before Sept end else pay Rs. 100/- per day as penalty till grills are removed. Is the Society's decision in order with Model Byelaws? What action is left to me in this case?

Asked on 9/02/13, 5:23 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP
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02.09.2013

Dear Sir / Madam,

NO. The Society's decision is not in order with the model bye laws and the Society has no legal right whatsoever to ask you to pay penalty for removal of the grills. Since a theft has occurred in not just one, but three flats in the Society, you have a very valid reason to get grills installed on the window as a precautionary safety measure. Since you are paying for the security, you should write a letter to the Secretary of the Society, asking him / her to first reimburse the three members with the value of the loss that has resulted on account of the theft in all the three flats, and to give you an unconditional undertaking that the Society takes full responsibility to bear any losses due to theft in future.

If the Secretary does not give you this letter, just ignore them.

Regards,

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Answered on 9/02/13, 5:36 am

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