Housing society fined for charging for use of lift by dogs
Fine has been imposed on a housing society in Mumbai for charging monthly maintenance fee of Rs 500 for taking their dog along in the lift. The fine has been imposed by state consumer commission which dismissed the appeal filed by the housing society. The society has been asked to pay Rs 5,000 as damage charges to Allwyn and Eleanor D’ Souzas.
Case History
The society had passed a resolution on August 10, 2008 in which issue of charging a levy was discussed. However, as per the bylaws of the society, the minutes of meeting were to be circulated to the society members within 15 days. However, this was never done and the resolution was circulated on February 1, 2009. The commission observed that the minutes were circulated after 6 months to the members; hence they were not binding on the members.
The family in question had filed its appeal before the consumer forum in 2009. The society had objected to use of lift by the dog as it hinted that this led to discomfort to other society members. In addition, the stench emitted by the dog was also an issue. The society management also raised the issue of electricity consumption used in this process.
Commission’s findings
The commission observed that such a resolution could only be passed if the society had passed a resolution. However, the commission did not accept the contention by the couple that Animal Welfare Board in a letter hinted that pets cannot be disallowed from using lift.
The commission in its defence pointed out that this letter was not backed by any of the statutory rules. It said that the letter from the chairman of Animal Welfare Board pointed to the existence of court ruling in favour of this stipulation.
Commission also observed that if any such court ruling existed, such rulings could have been placed before the commission by the complainants’ or the Animal Welfare Board representatives. It also said that no ruling as to the effect that society cannot levy any charges for carrying pets was not available.
