I have a query as I have been wanting to purchase a flat in New Delhi and exploring various clusters of societies in New Delhi and the problem is I don’t like many. But a few of them I like say have strict bye-laws ,which I find unconstitutional and against the basic right to freedom based on my below queries :
I have 2 examples, most areas have a major pigeon menace and other is high pressure of winds and rains :
Now few societies do not allow to change the external look or facade, which is fully understandable and great. As a member one should fully respect the bye-laws as they are for the benefit of the society at large. But due to pigeon menace, can someone ban you from putting the nylon nets in your own balcony, to ensure hygiene and ensure that pigeon menace doesn’t create a nuisance in your own balconies/house. This in no way is changing anything on the facade, as in nothing to do with the building or structure, it’s just aesthetics which are the cost of staying in unhygienic conditions and living with pigeon menace.
Secondly, few societies have perpetual water seepage problems from large windows, to an extent that I heard rooms get flooded during monsoon. Due to high rises, they have not been able to find a fool proof real solution and still won’t allow the owners to install awnings or do any changes on the outside to ensure that water does enter the rooms. This again no structure or buildings changes, but temporary soft options like awning or extended stone slab etc. to ensure water leakage is taken care permanently.
So as per law or bye-laws, are these justified and can a new owner challenge these clauses/bye-laws or buy a house and after spending money live with pigeon menace and windows that leak and flood the rooms
Just to specifically mention no way would these changes do any structural changes or are even damaging any structure at all. These are some basic things to live peacefully and are rules/bye-laws even legally valid or should even be allowed which is a hindrance in your right to freedom and living.
It would really help to have your inputs and the way forward.
I know you would need a name for the society, but I would surely share once I finalize a house with your help by giving me crystal clarity on such subjects.
I C Naik
This is a dispute between members and the CHS management the first one is a service receiver and the latter is a service provider District Consumer Courts are established under the Consumer Protection services Act 1965 and your complaints are covered by this Act. You can approach the Consumer Court with a complaint of deficiency in service.
