To IMPORTANT – VERY URGENT By Speed Post 11th August 2016.
The Inspector of Police (Law & Order), Thiruvanmiyur, *Near Marudeeswar Temple, CHENNAI-600041.
SUBJECT:- Harassment and Humiliation to senior citizen of 69 years, with geriatric diseases, living alone at M107-12, All owing to un-ethical practices of the Housing Society, though registered running to their whims and fancies, as the Housing Societies though registered by the Department of Registration, Govt. of T.N., by which the minorities suffer. Have already addressed the subject to them and as well as the Police Department, to be aware of the horrible consequences of prejudice, hate and discrimination that continue to threaten residents. Wish, we had preventive factor to all that is said! So that, honest innocent member of the housing society are not duped, deprived, disappointed, during modern-age of fast life.
WHO PERMITTED ?
· FLAT M107-18, OWNER MR. JAYARAMAN, HAD SECRETLY CONSTRUCTED ADDITIONAL REST-ROOM IN THE BALCONY OF HIS FLAT, TAKING “LAW INTO HIS OWN HANDS” CAUSING DAMAGE TO THE BALCONY BELOW OF FLAT M107-12,(Dr.P.K.Chandran), NEGLECTING TO EVEN SHOW CONCERN FOR THE DAMAGES CAUSED BY HIM.
· FLAT M 107-24, OWNER MR RAVICHANDRAN FOLLOWs TO TAKE “LAW INTO HIS OWN HANDS” BY ASKING A CIVIL CONTRACTOR TO REMOVE ALL THE DOORS OF HIS FLAT INCLUDING THE DOOR-FRAME OF THE DOORS, THEREBY NECESSITATING THE CUTTING OF THE CONCRETE PORTION OF THE WALL WITH POWER DRILLS AND CUTTERS. ALSO CUTTING THE WALLS ON THE EASTERN SIDE, TO REPLACE THE WINDOWS WITH THE FRAME, WITH ADDITIONAL WORK TO REMOVE THE EXISTING FLOORING TILES AND REPLACE WITH NEW HEAVY CERAMIC TILES. Please consider the magnitude of work on a building performed without prior sanction of the Local Administrative Authorities, when the residential building is over 45 years of age. It is pertinent from this feedback that a suitable / appropriate action is taken, ATLEAST after the exposure, for any INDIVIDUAL OWNER “not to undertake major repairs on such old buildings without prior permission and sanction, as such works on the third 3rd floor, adds to shock of impact-load, leading to considerable vibrations thereby cracks to the existing old building. * emanating considerable SOUND and DUST POLLUTION.
· GRAVE NUISANCE CAUSED TO THE SENIOR CITIZENs/sleeping infantsAND those on nightduty works in the building : since the NOISY SOUND and DUST POLLUTION are detrimental to general health. WHY such things to happen, neglecting local government authorities, when much said of senior citizen’s and child helpline ?
Authorities, of the POLICE, Chennai City Corporation, Pollution Control Board, NGO’s relevant to please view this issue, in the interest of Greater Chennai City.
Please note, I am constrained to bring it to the notice of the jurisdictional Police Station here again now, requesting for an F.I.R. / C.S.R., which you deem fit, to enable me to take the matter to the Court of Law, *if the matter could not be amicably and reasonably settled. All the conspiracy is owing to sadist Sri. Vasu Murari, who doesn’t like peace.(Flat Owner, M107-13 ), an Ex.BSNL employee added to Middle- East experience, doing Care-taker job of flats,to Flat- Owner’s living elsewhere, besides house-broker job and clinging to the Housing Society / Assoc. Secretary handling purchases etc., as known to me. WHO IS SOLELY RESPONSIBLE for the entire nuisance, commotion, by the biased services and politicized condition of the living complex. While the aims and objects of the Housing Society, is for the general well-being of all residents, by taking care of the common amenities, for a conducive living. Herein BN Prefab Flat Owners Association, 29th Cross Street. Housing Society maintained exclusively for ONLY pumping water into the over-head tanks and common lighting, but in the bargain neglects a few, with inefficiency causing discrimination and harm by damaging pipeline, causing interruption to the storage of water to my flat(M107-12), besides the terrace key is given to whom they like, hence not accessible, though the monthly maintenance charges collected are the same, from all the flat owners.
SERIES OF INCIDENTS THAT HAPPENED:- SINCE 2003. Letter addressed to Sri.Vasu Murari(said above);
· When self moved to M107-5, in 2003, YOU told me and Mr.Gopalamurthy M107-5&6, to move 5 feet behind, to reduce the frontage garden area, to accommodate four “2 wheelers”, on either side. With due respect and regards, self duly complied. But you spared Gopalamurthy from complying to the common request. It was only my time, effort and money that were wasted, for compliance.
· An act of sabotage by blocking the sewage, leading to flooding of sewage into my flat No.M107-5, Ground Floor. Well planned grievous-crime, for my exposing Vasu Murari, the middle man, who foolishly drained society’s revenue, by dumping scrap of Cuddapah cover for the water-tanks of M107 Block, as purchased.
· Arranged to drop a snake, to be left in the portion between my main door and the grille-door and calling me, informing a snake noticed. Self came out and noticed the same, and got rid of it, by calling a garden labor.
· Arranging intermittent murky water into my overhead tank for supply, and also damaging pipeline, giving me trouble while staying alone. Harassment/Humiliation.
· Dr.Elizabeth(M107-10) during her time in the Executive Council of our Assoc. selfishly, and unfairly made a bore and pump for her personal use. Misuse and abuse as Committee Member. Till today, driver uses for water-wash and cleaning their Maruthi Car and scooter, which formed a precedence, not stopped or questioned, later on, a connection made to their flat number ’10’with variation in the size of pipes connecting to filling. While no provision for isolation, extra water charged to my family indiscriminately to the extent of IRS 3000/-plus by Mrs & Mr.Palaniappan showing street-smartness, which was unfair, while they are not real owners.
· While self-living alone in M107-5, objection was raised for watering the plants Association issued circular not to overload the motor by gardening use of water WHEN operator pumps the water to the overhead tanks. While many other members were even misusing all means, having a key in their hands. No objection made when Mr.Gopalamurthy continues to water the plants in the frontage of his house, till todate. The need for uniformity and fair practice.
· Illegal construction of a rest-room over the balcony of mine in the first floor and on my reporting the same in the enforcement cell of Zone 13, CCC Adyar, they not taking heed to warn the flat owner miscreants of the second floor, Sri.jayaraman(M107-18), who has rented out from inception, as he is staying in Kelly’s, to attract more revenue as rent for the additional rest room facilities, violated without obtaining prior permission, with the result leaks and cracks appearing below, in the balcony of my flat(M107-12),which resulted in dirty sewage leaks sweeping over the walls of my balcony. The enforcement cell been enticed by the owner of flat number 18, alongwith the middle man Vasu Murari, thereby neglecting and discrimination in public services under Zone 13 administration. Hence self reported the matter to the jurisdictional Thiruvanmiyur Police Station and as an acknowledgement obtained a CSR No.303:2015 dated the 13th April 2015, 1130 hrs. Party not warned nor penalized for illegal act, overloading the permanent structure.
· Therefore, there are so many deviations around in 144 flats of Prefab Flats. Despite , Mr.Paul Joseph collected all men and women around and trying to gherao me, while self going for lunch on 8th Feb.2016. When I told him, if he is a qualified engineer with good back-ground, he should have some basic ethics to come and speak to me in my residence on the first floor. While, self-was with my family in M107-5, he entered my house once with fresh fish from the market when I asked him to leave the raw fish in his house and come to speak, so manner less guy. All this, Mr.Paul Joseph your good friend, and the members assembled questioning as to what the tenants of mine (Flat No.5) doing, on occupying as though for a barbeque in the frontage of the flat. It is high time to look into consolidative needs, without bias and prejudice. All the deviations made to the selfish gain of few members, all these years but for uniformity and peaceful congenial-living.
YOU MUST BE VERY MUCH AWARE, THAT UNDER Sec. 8 of the Apartment Owner ship Act, 1994:-
· Prohibits the Apartment Owner, by doing any work or putting the Apartment for other use, which would jeopardize the soundness OR the safety of the property and reduce the value thereof or impair any easement of heridament annexed to the apartment. If any material structure is to be added or excavated, any additional basement , it requires unanimous consent of the other apartment owners.
· The Flat/Apartments Owners Society, under Sec.12, is to maintain the common areas and facilities as necessary fairly and uniformly without any neglect or discrimination, while the stairs and terrace of our side portion is neglected for sweeping / water wash as done to the other part of the same block, since almost all the owners are staying outside/elsewhere , since on their renting it out. Besides, Mrs. And Mr. Gopalamurthy (M107-6), leaves to his son’s place in Singapore/Hong Kong, on 6 month visa, and Mrs. & Mr.Ramachandran also leaves to Bangalore and New Delhi frequently. Hence, hardly owners stay this side. Housing Society Committee Members therefore neglects service rendered to this area of the Housing Block. Hence the biased service facilities within, all such activities prevailing because of the unofficial caretaker service rendered by Mr.Vasu Murari (M107-13), for the owners staying elsewhere and for the extra bore used by M107-10, during the time Mrs. Elizabeth were in the managing committee, going continuously with preferential treatment for Car Wash and extra water exclusively for Flat No. 10, though a known violation. With the result several deviations.
SEWAGE was flooded into my then residence(M107-5) as a sabotage by Sri. Vasu Murari and the exterior of the flats and thus lived in a most hygienic condition until the TWAD came into rescue after my submission of evidence, substantial proof by images submitted to the department by way of recorded C. D. Your Corpn. Engineers including Enforcement Section, are fully aware of the same, but for case of neglect and discrimination.
Secondly, since last three years considerable leakages from the top balcony of Flat No.18 appeared, draining from the illegally erected toilet and bath(Rest Room). Mr. Murthy , A.E. called and said that he has asked the upper flat to stop using the said toilet and Bath. He also said that the walls will be scraped of the dirty fouling sewage that seeped into BUT same never done, suspected because of the middle man said above who is the caretaker for others flat-owners, staying elsewhere. Though the jurisdictional Police Station reported and CSR moved for action, the party unmoved tilldate, in the bargain my costly washing machine’ IFB ‘in my balcony, faced premature failures, all owing to the acidic liquid taking access into my area. Efforts not made to neither warn, nor penalize, to curb such violations. A visit would convince, the facts of reality.
Though suggested, to plant only flower-plants but for many banana trees and large trees and the branches and twigs causes nuisance for squirrels/rats and insects gaining entry into my first floor flat. Southern side pruning not done as yet, despite several requests, going all in vain.
Earlier REFUSE Bin Points, were distributed in different areas i.e on either side of the broad 29th Cross and as well as in 30th Cross Street, BUT ALL THE REFUSE NOW DUMPED in 29th Cross Street * i.e. in between 29th & 30th Cross Street, side of the Childrens Park. w/Health Hazards, where vehicles are diverted during week-ends.
· Un-friendly public service that prevails indiscriminately, all in a selfish manner, nullifies the object of the Housing Society, being a registered body, since not properly regulated.
The imperative need for periodical checks for WATER in over-head tanks for “Health and Hygiene” and also for CHECKs to mischief’s by miscreants in damaging the pipelines, leading to the flats, disturbing intermittently with bottleneck in service etc. creating self-importance, stating due to unavoidable circumstance. No efforts taken despite of ‘ repetitive nature ‘.
Can a residential member approach consumer forum for redressing his grievance?
Yes. Housing is covered under the term “Service” in the Consumer Protection Act, 1986(the CPA 1986). Therefore the services rendered to the members by the Housing Society falls within the purview of the CPA 1986. Further, the provisions of the CPA 1986, are in addition to and not in derogation of any provisions contained in any other Act, this means that the provisions of the CPA are additional remedial avenues provided to consumers by the Parliament of India.
In view of the above, any dispute with a Housing Society, by any member with respect to rendering any services such as allotment of house, possession of house, rendering maintenance services in relation to housing complex etc. are covered by the CPA 1986, and a member can approach the Consumer Forums, for claiming compensation and damages against the housing society for rendering deficient-services. The Supreme Court has held in the case of Secretary, Thirumurugan Cooperative Agricultural Credit Society v. M.Lalitha, (2004) 10 CLA-BL Supp thata member can approach consumer forum as a consumer to redress his grievance against a cooperative society. Housing Society primarily being a Cooperative Society this judgment is applicable to Cooperative Housing Society also.
· All elected members of the managing committee of societies are required to execute a bond holding them “jointly and severally” responsible for all the decisions the committee takes, whereby elected members of managing committees, have to declare they are jointly and severally responsible for all the acts and omissions detrimental to the interests of the society. “Lack of professionalism, transparency, insider/connected borrowing –saree,chit business etc. within and political interference, are the bane of co-operative housing societies. The new measure should deter managing committee members from taking arbitrary decisions, as it is not based on specific merit needs nor they consider to check-up with their relevant qualified members, for reasons better known to your good self in handling many such allied cases. Could prove to be the proverbial double-edged sword. Which makes, each member personally liable. For example, even if an executable decision is taken on merits, an error of judgment cannot be ruled out but minimized to the bare minimum. So documentation is very vital during the tenure of a member goes bad, he will be liable for it, even if he ceases to be a member of the managing committee. Residents of co-operative housing societies, who normally are reluctant to take up the honorary responsibility of looking after the affairs of the society, are expected not to join managing committees. One to be morally responsible for what they do or perform when they undertake any assignment, whether remunerative or honorary.
Dr. P.K.Chandran, Ph.D., F.I.E., C.Eng., M.B.A., LL.B., PgD.L.L., L.L.M. Corporate Member-Chennai Press Club General Secretary – Chennai Society for Fast Justice(Regd.), Managing Editor & Publisher “Marine Waves” Ex.Chief Engineer(Marine) , Ex.Director-Sri Nandanam Maritime Academy, Thirupattur, T.N., www.themarinewaves.com, www. seafarersvoice.com, Fellow / Member of Professional bodies in INDIA and Overseas. CHARTERED ENGINEER w/ Marine Specialization, and a qualified LAWYER (Master of Laws, with Labour Laws, Industrial Relations and Administrative Laws). .
c.c. Shri. Balraman, A.C. and Revenue Officer of Zone 13, C.C.C., Adyar, Chennai.
c.c. Mrs. P.V.Geetha, Asstt. I.G.Registrations and head of Housing Societies.Saidapet Office,
No.9, Jones Road, Ch.600015.
c.c. Er.Vikram Venkatraman,firstname.lastname@example.org,M107/7, 29thCross Street,Besant Ngr., Ch.
c.c. Thiru. K. Shankar, IPS.,Addnl.Commissioner of Police, Law & Order South<email@example.com>