Can anybody be legally barred using apartment elevator?
6 years ago
We reside in the third floor of a G+4 building consisting 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. As a result, the milkman, newspaper vendor, housemaid, the courier/postman (delivering cheque books, insurance papers etc.)and the service persons (for water purifier and other gazettes) all either stopped coming to my apartment or have threatened to do so telling that this is inhuman and discriminatory. Moreover, my old parents-in-law and other relatives and friends are also barred using my apartment lift. So, they are ridiculing and avoiding coming to my house. The Society Governing Body circulated a paper with the above decision and more than 50% apartment owners signed in support of it. What is the legal point of view regarding this?
Deepak Yashwantrao Bade
Responded 5 years ago
If you are a resident of a society and you have elected people to represent you and then the bylaws made by the Society has to be respected and hounoured by you.
Now a bylaw made by them may not be favoaurable to you and you would like to challenge so you can do that. In this case you can challenge them under the Consumer Protection law citing the deficiency in services.
The other aspect that I foresee can be brought out here is the matter of discrimination against a group of people. Now it will be a debatable issue to be resolved in the court of law whether an apartment is a private property of few individuals or public property of few individuals. What are the rights of and against the trespass in an apartment common areas? These questions are not so simple to answer and can be debated in the court of law.
Coming back to discrimination part it is unhealthy to discriminate against a section of society and it can (rather should be )challenged. Wherever there are separate service lift it is understandable but when there is one lift and not allowing a section of people to use it not proper. Since there is no direct law so right at this point nothing conclusive can be said or inferred but it certainly can be and should be challenged in court of law or any other forum.
Anonymous
Replied 6 years ago
Thanks for the reply. 1.This is not included in the society bylaws list which was formed during society registration. It was decided by four members(the Governing Body, comprising President, Secretary, Cashier,and Another member). They circulated a notice about their decision and got signatures of other members, particularly of the first and second floor,who are not much affected by the rule.A few upper storey members residing outside having tenants were also not bothered to protest and obliged by signing. Am I legally bound to honour this? 2.The lift or elevator in question is made for the use of the society owners. If any service person comes to my house for providing service(such as a pizza delivery boy) by using lift, can it be taken as the lift indirectly used by me? Can society stop that? In my sale agreement and deed of the apartment, the lift has been included in "common area". Can society legally restrict the use of common area by any member? Tomorrow, can they make any such rule for the staircase(the other common area) as well? I think we cannot distinguish elevator from staircase as both are common areas and any flat owner must have equal right on both. What is your take on that? 3. The notice displayed specifically 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.
Ambrose Leo
Responded 6 years ago
Anonymous
Replied 6 years ago
This is not included in the society bylaws list which was formed during society registration. It was decided by four members(the Governing Body, comprising President, Secretary, Cashier,and Another member). They circulated a notice about their decision and got signatures of other members, particularly of the first and second floor,who are not much affected by the rule.A few upper storey members residing outside having tenants were also not bothered to protest and obliged by signing. Am I legally bound to honour this?
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