Query from Kiran Darwatkar

I reside at Elora residency FLat no H 103 Dehuroad Pune 412101 Maharashtra. My Soc. is registered under MSC act 1960 as Hsg co op Soc.

On 23/9/2017 I found my care in damaged position which was parked at my allotted Parking. To know whose act it was I asked CCTV footage of that day from MC. On which they refused to provide such footage. Also I asked by written letter to them to provide me copy of Contract done with Security agency as it was negligence of Security watchmen who did not discharged their duties properly. But now MC has given me a letter in which they has quoted that as per Soc. bye laws & Sec. 32 (1) &2 they cannot provide me copy of contract and CCTV footage.

Please advise me how to ask these CCTV footage and Contract copy from MC.

I C Naik

It is true that members’ right to information does not entitle you to ask for information you need to identify the reason for damage to your car.

There are two options. One is to make a complaint to the Police against the Hon. Secretary of abating  a crime of causing a damage to your property (car) by withholding the information about the crime having taken place in the area of command of the society.

The other is to file a complaint before the Consumer Forum of the District in which your society is situated. The Hon. Secretary has failed to nab a culprit though the society has empowered him to find out by accessing the CCTV footage. This complaint should be against the society as well as the Management Committee and the Hon. Secretary (all three).  The Consumer Protection Act 1986 has been held to be capable of giving relief (including compensation for mental stress) to members of housing society for its failure to protect their interest.  You can yourself file a case and need not hire a lawyer. Provide enough evidence and copy of police complaint.

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