Why Bach­e­lors are de­prieved for rental hous­ing?

Accommodation Times - - Front Page - -Adv. Vinod Sam­pat

In my view, first and fore­most, a le­gal no­tice should be is­sued to the So­ci­ety call­ing upon them to al­low the Li­censee, Pay­ing Guest, Bach­e­lor, work­ing women, air host­ess, etc. to uti­lize the Flat as per their choice.

1. Right of equal­ity is a fun­da­men­tal right. If a per­son has money, he had got ev­ery right, sub­ject to re­stric­tion of ac­quir­ing prop­erty in Jammu and Kash­mir, to pur­chase prop­erty.

2. At times a per­son may not need prop­erty for him im­me­di­ate use. In such cir­cum­stances, he may sub­let his prop­erty to a per­son of his choice. Cer­tain times, re­stric­tions are be­ing placed by by the So­ci­eties that Flats can­not be given on Leave and Li­cense to Bach­e­lors, Air-host­ess, work­ing women, etc. The in­ten­tion be­hind the same may be a no­ble one that nui­sance should be caused to the res­i­dent mem­bers of the So­ci­ety. How­ever, one has to ap­pre­ci­ate the fact that if a per­son re­sides in the Flat or some third party re­sides that would be the choice of the in­di­vid­ual mem­ber. The So­ci­ety, in my view, can­not ob­ject to the use of the Flat by a mem­ber or by a per­son claim­ing right through the mem­ber. The Honor­able Supreme Court while de­liv­er­ing a judg­ment in the case of San­war­mal Ke­jri­wal v/ s. Vishwa Co-op­er­a­tive Hous­ing So­ci­ety Ltd. & Oth­ers (Ci­ta­tion : 1990 PAGE 1 C.T.J. 364), has ob­served in para ___ “

3. In view of the same, I am of the view that the So­ci­ety can­not re­strict the right of a mem­ber to sub-let his Flat to a per­son of his choice.

4. Let us ex­am­ine the sit­u­a­tion where the So­ci­ety re­strain the oc­cu­pant from en­ter­ing the premises or cre­ate hur­dles with re­gards to use and oc­cu­pa­tion of the premises by the Li­censee, pay­ing guest, etc. In my view, first and fore­most, a le­gal no­tice should be is­sued to the So­ci­ety call­ing upon them to al­low the Li­censee, Pay­ing Guest, Bach­e­lor, work­ing women, air host­ess, etc. to uti­lize the Flat as per their choice. If there is not pos­i­tive re­sponse, then the mem­ber may ap­proach to the Court of laws and ob­tain in­junc­tion. The mem­ber may also ap­proach Metropoli­tan Mag­is­trate’s Court against the Man­ag­ing Com­mit­tee Mem­bers of the So­ci­ety for mis­chief, crim­i­nal breach of trust, wrong­ful con­strained. I may add that if such a case is filed, there is ev­ery pos­si­bil­ity that some amount of pres­sure may come on the Man­ag­ing Com­mit­tee Mem­bers and they may al­low the mem­bers to uti­lize the premises by the Li­censee / Oc­cu­pant.

5. An­other line of rea­son­ing given by the Of­fice Bear­ers of Co­op­er­a­tive Hous­ing So­ci­eties for re­strain­ing the work­ing women, bach­e­lor, air hostesses, etc. from uti­liz­ing the Flat as Li­censees as pay­ing guest is that if such per­sons are al­lowed to use and oc­cupy the Flat, they may not have re­spect for the laws of the land. They may cre­ate nui­sance, which will be detri­men­tal to the in­ter­est of the mem­bers of the So­ci­ety. I may add that Co-op­er­a­tive Hous­ing So­ci­eties can­not act on the prin­ci­ple of ap­pre­hen­sion and when such nui­sance e is caused to the So­ci­ety, the So­ci­ety can take ac­tion against the mem­ber and/or the li­censee, air hostesses, work­ing women, bach­e­lors, etc.

6. Here I may also add that it is com­mon knowl­edge that in num­ber of So­ci­eties the laws of the land are vi­o­lated more rather than com­ply with in let­ter and spirit. How many So­ci­eties can vouch for the fact that the mem­bers of the So­ci­ety have not en­croached upon the open space, there is no mis­use of Niche, dry­ing space, there is no wa­ter tank in the Flat, there is no box grill. Prac­ti­cally, ev­ery­one is aware that the laws in So­ci­ety are vi­o­lated on a num­ber of oc­ca­sions. We have ridicu­lous laws, which stip­u­lates that the per­son han­dling the cash of the So­ci­ety is sup­posed to give se­cu­rity to the So­ci­ety as if such per­son is likely to run away with the neg­li­gi­ble amount of cash in his pos­ses­sions as com­pared to the cost of the Flat, which legally be­longs to the So­ci­ety and the mem­ber gets limited right to use and oc­cupy the Flat.

7. The mem­ber is ha­rassed by not al­low­ing his Li­censee to uti­lize the Flat. If he deems fit, he may also take up the above said point while is­su­ing le­gal no­tice by high­light­ing the fact that in a num­ber of So­ci­eties, lakhs of ru­pees are de­manded by the So­ci­ety at the time of trans­fer of Flat in ex­cess of the pro­vi­sions of the Bye-laws of the So­ci­ety un­der the head of vol­un­tary con­tri­bu­tion to the com­mon ameni­ties fund.

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