On a cold January night, Priyanka Singh and her sisters were moving to their new rented house in Vasundhara Enclave바카라s Habitat Society. All of their belongings were in a truck behind them. But security guards at their would-be apartment refused to let them in despite having a legally binding agreement and paying rent in the advance to house owner. The villain here was the Resident Welfare Association (RWA).
Singh and her two younger sisters, who had vacated their house in North Delhi바카라s Gujranwala Colony, was left stranded in the night, nowhere to go. Helpless and distressed, Singh had to go back to the house she had left in North Delhi.
바카라Are the rules of this Resident Welfare Association so sacrosanct and above the laws of this land that they don바카라t even take intoconsideration the legal contract?바카라 asks 32-year-old Singh. 바카라We had in our hands a signed legal contract from the landlords and full rent was paid in advance.바카라
바카라The RWA had earlier pointed out their problem with our pet dog which was later resolved. Then we were asked to prove that we are sisters. Just imagine," said Singh recounting the horror.
"After a long verbal fight, we were so exhausted and just wanted to get over with it. We took out our identity cards and started pointing at our father's name. 'See we are sisters'."
RWAs are registered under the Societies Registration Act, 1860. Governed by documents such as a Memorandum of Association containing their objectives and functions, the body however has negligible powers when making property decisions. Since RWAs are voluntary associations made by residents, they do not have any statutory powers. It cannot really impact your right to hold or exercise rights over the property you own, say legal experts.
Sunny Singh, Secretary of the Habitat Society, however believes that 바카라law of the land바카라 has to be adhered to at all the cost. 바카라We do not have any problem with bachelors or spinsters living in tenements here,바카라 he told Outlook maintaining that 바카라social fabric of the society should be maintained바카라. Pets, according to him, are a 바카라no-no바카라 in the 바카라Society바카라.
바카라A few days back a child was bitten by a canine. If someone바카라s dog howls all night what do we do then?바카라 he says Priyanka was asked to submit a letter of understanding signed by her landlords to claim responsibility of her pet바카라s action.
When asked if it was absolutely necessary to deny her legal rights to enter the society because of non-compliance with rules, Singh reiterates 바카라Well, one has to comply with the bye-laws바카라.
Tenants and landlords increasingly have to contend with a third party in their agreements - the RWA, or the 바카라Society바카라, as it is called. RWAs make rules for the better functioning of a housing complex, and often asked to be made parties to rent agreements between landlords and tenants.
Cases of bullying and harassment by the RWAs, however, are rampant in Delhi-NCR. If you are a migrant, chances are ripe that directly or indirectly these associations are meddling with your life.
The legal standing of such rules or bye-laws is questionable. The 1990 Supreme Court ruling in the Sanwarmal Kejriwal versus Vishwa Cooperative Housing Society case clearly states that a member is free to keep tenants of their choice.
Delhi High Court Advocate R.H.A. Sikander, who himself had a tough time finding an accommodation, calls out the nuisance caused by these associations. 바카라It바카라s okay that they have bye-laws, but the question is are they competent to do that?바카라 he said.
Any set of rule formulated by the welfare associations are only for the convenience of residents of a particular society바카라that may be a unanimous decision or might just be a majoritarian diktat. 바카라Nothing gives them the power to discriminate based on these 바카라bye-laws바카라. If they try enforcing forcibly바카라as we have seen here in this case바카라it can be challenged further in the court of law as it is in complete contravention of Constitutional guarantee under Article 14,바카라 he adds.
In Delhi, the state government had announced the Bhagidari scheme in 1998 to encourage people바카라s participation in daily administrative issues. RWAs were among the bodies, along with other citizens associations, such as market and traders associations, which were involved in the scheme.
Rajat Sharma, a hardware engineer who relocated from Pune to Delhi, likens finding a house to a marriage interview. "The society keeps a tab on almost everything you do. They keep a visitors' log citing security reasons. Recurring male visitors is bad because you know, parties and loud music. Female visitors are being frowned upon," he says.
The problem gets complicated in most cases, since property owners themselves do not reside around the area, further arming the associations. Sharma바카라s is one of the few cases where the landlords favoured him; otherwise they rarely get into such disputes, aggravating the situation for tenants.
바카라We share a good rapport with our landlord but the society doesn바카라t want to keep bachelors,바카라 Sharma explains how their legal contract hung in limbo for three months amid the 바카라political football바카라 between the landlord and the society바카라s managing body. 바카라Mostly it바카라s a boil-the-ocean solution. There have been idiots who played loud music or parked indiscriminately. But then, evict them. Why do it for all unmarried people?바카라
Divya, a Delhi-based lawyer, feels that seekers, who are generally migrants, give up to the long rigmarole a legal battle ensues. 바카라Definitely suit can be filed against the landlord since the person is signing an agreement with them. But the entire process is so long and tardy that it leaves the individual mentally exhausted,바카라 she says.
Priyanka, who is currently looking at a long road, feels the same way. 바카라It took me a month to make the story public because I feared losing out money (Rs. 97,000),바카라 eldest of the three sisters, she is now looking to approach the Women바카라s Commission.
It is difficult to find an abode if you are a bachelor but the scenario gets further twisted if you wear certain professional tags. Journalists/writers as well as people from creative fields are considered have-nots and unpunctual while actors show 바카라unpredictable behaviour바카라. And the matter is a lost case for lawyers who are considered compulsive litigators.
Airlift-fame actor Inaamulhaq last year shared his real life story of harassment by Mumbai바카라s 바카라(Non) Cooperative Housing Societies바카라. The married actor, who had a tough time to spot a dwelling in the maximum city 바카라being a Muslim바카라 and actor, was asked to prove that he is not a bachelor. In a satirical post the actor shared on the social media he said: "The 'non cooperative housing society' made me feel more bachelor in less than two months than I felt before getting married."
바카라The situation was such that I had to ask my mother to come (from Lucknow) and stay with me for a couple of months to make the society people believe that I am a 바카라family person바카라 and that I can be allowed in the society,바카라 says a Mumbai-based writer Sankalp Raj.
South Delhi-based property dealer Sachin Lohia, however, believes that 바카라good bachelors바카라 do not face such problems. He tellsOutlook that though single people are certainly not favourite tenants for many people, the matter remains at bay till the individuals have deep pockets. 바카라I pick clients based on their credentials. If their work profile is good, it바카라s most likely that they would pay rent on time,바카라 he says adding that he often runs a background check to get an idea of their behavior. 바카라Yes, problems do arise with regular visits by friends from 바카라opposite sex바카라, loud music etc.바카라
