Legal Question in Consumer Law in India

complainent legality

I am builder and owner of apartment, the secretery of registered association of the same apartment, he was electd as secretery three years back, no general body election was since three years as required by the bylaws of the association, no general body meeting was called either since three years, is he legally elegible to file a case against the builder in consumer forum for pending works to be done by the builder


Asked on 4/19/04, 10:58 am

1 Answer from Attorneys
Vivek Anand M/S.VIVEK ASSOCIATES

Re: complainent legality

The secretary / complainant has a cause of action and he can get his grievance redressed before the consumer forum as the association eventhough has not duly complied with the bye-laws, have a right to legal recourse as the association, as per your elucidation of facts is still operational and is a legal body. Nontheless, you can serve a notice on the association on the ground of non-compliance of the bye-laws. However, it is advisable that the terms of the bye-law may be looked into before we can advice you on your rights.

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Answered on 4/20/04, 10:22 am


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