I am from Navi Mumbai, Maharashtra. Every Saturday & Sunday there is classical dance being run in a flat just above my flat which is causing lot of disturbance and nuisance. The owner of flat has hired a dance teacher and students include owner’s children and more other children. Also the owner hasn’t informed the society about this class.
I spoke to the owner about the nuisance created due to stamping of children while learning dance which aggravates the ailment of my daughter who is undergoing treatment of epilepsy and migraine but the owner didn’t pay heed to me.
I then informed secretary of the society about this issue but did not get any response by him.
I studied that Supreme Court has issued an order that home tuition especially the one disturbing peace of neighborhood is not allowed in society.
Please help me as how I can stop this trouble being caused by this dance class.
Society registration number:
N.B.O.M./CIDCO/HSG (T.C.)/4471/JTR/YEAR 2012-2013
Society address: Bhoomi heights CHS Ltd. plot no 1 & 10 sector 31 kamothe Navi Mumbai Maharashtra
I C Naik
You will have to do some documentation work as I explain hereunder.
Go to the office of your society and request the manager to allow inspection of the registered bye-laws (original) of the society.
There is a chapter “XVIII REDRESSAL OF COMPALINTS” you will come across.
It has three Bye-Laws which are extracted below.[ you make sure by taking inspection and amend it (in below) if it is different in original.
173.Member/Members shall submit their complaint application to any of the Office bearers of society, in writing, giving thereby the details of the complaint.
- Prepare a letter describing your grievance as you wrote to me. You can quote bye-law No. 50(a) extracted below: [verify in original that the number and text is correct].Make a request to take steps otherwise you will be compelled to approach the relevant Authorities as listed under bye-law No. 175 for redressal of your grievance.
- You can also write in that letter that it was the responsibility of the society (in the nature of service to its members) that no member makes a breach of discipline as listed in bye-law No. 50(a), and if the Committee fails to take steps it amounted to a deficiency in servie to the members and aggrieved member can approach the District Consumer Grievance Redressal Forum with a request to issue directions to the society and award you compensation to the member who has undergone mental tress thereby. You say that after waiting for 2 weeks you will simultaneously approach the Consumer forum in addition to aforesaid complaint.
- “(a) No member shall do or suffer anything to be done in his flat which may cause nuisance, annoyance or inconvenience to any of the members of the society or carry on practice which may be repugnant to the general decency or morals of the members of the society.”
Now you see the bye-law No. 50 (b): [verify in original that the number and text is correct].
50 (b) “It shall be competent for the Committee either sou-moto or on receipt of the complaint from any member, to take steps to stop all such practices referred to in the bye-law No. 50(a) forthwith.”
As per (b) above it is incumbent upon the Committee to take steps to stop the dancing classes.
- After receipt of such complaint application, the committee shall take decision thereof, in the coming Managing Committee meeting. Such decision shall be communicated to the concerned member, with in 15 days thereof.
- If the Member/Members are not satisfied by the decision of the Committee, or does not receive any communication from the Committee,then he/they maymake complaintto the Advisory Committee constituted by the General Body. If the concerned member is not even satisfied by the decision given by such Advisory Committee, then as per the nature of complaint the complainant may approach below mentioned authorized officer,
BYE-LAW NO 175 prescribes authorities and list of matters against their names which fall in their jurisdiction for supervisory compliance as also taking steps if the Management Committee has been found deficient/indifferent about the same.
[D] CORPORATIONAL/LOCAL AUTHORITY
Matters pertaining to:-
- Change of use by the members/occupants
Matters pertaining to:-
- Nuisance carried by the unauthorized use of the Flats/Shops/Parking Space/Open Space in the society by members, builder, occupants or any other persons.
These steps mean a matter of time but the illegal dancing classes will surely be shut down.
Also take following step after informing the Hon. Secretary.
The Commttee is negligent in ensuring compliance of bye-law No. 43 by the member upstairs for which you can write to the Registrar separately as the society is violating bye-law No. 43 and also loosing the revenue of NOC and that loss is to be nade good by the secretary to the society . The Registrar will initiate separate proceedings against the Hon. Secretary for such failure and recovery of NOC loss from the Secretry as provided under Section 73AB