This is the SECOND PART of our 2 part series on the subject, ‘THE USE OF ELEVATORS BY PET DOGS’. The FIRST PART was devoted to what you must know about the ‘banning’ of, and other unlawful restrictions imposed upon the use of elevators by pets. You can read that article here
In this part, our focus is on what you should or could do, were your society or housing complex to ban or impose restrictions on the use of elevators by pets.
If you live in a multi-storeyed apartment complex, and your society, or Estate Manager, or anybody authorized by them
- Suddenly puts up a notice declaring that you cannot take your pet up to your apartment through the use of the elevator, OR
- Declares that the use of elevators by pets will be debated upon at the AGM (annual general meeting), or an EGM (extra-ordinary general meeting) of the society, OR
- Declares that the bye-laws or amended bye-laws of the housing society don’t allow the use of elevators by pets, OR
- Writes specifically to you disallowing you from using the elevator for your pet dog/s,
you SHOULD challenge their action as illegal, vide a letter addressed to them. Simply download the document here and fill out the relevant details. Issue this letter (through registered post and / or e-mail as well, so that you have a record of issuance) ; and then actually do just that – keep using the elevator for your pet dog.
If you resolve to fight for the rights of your canine child in this manner, and challenge the unlawful action of your society by issuing the suggested letter as a first step, we are certain you will take it further if need be – as all of us that resolve to fight for the rights of non-humans must.
If your society takes a hard line, and tries to levy a fine or a penalty for your action of continuing to use the elevator for your canine child, or goes even further and tries to deny you essential services if you contest their levy of fine or penalty, you will have to escalate the effort.
In such event, you could either take the fight to the District Consumer Disputes Redressal Forum that has territorial jurisdiction to deal with your case ; or take the dispute with your society to the concerned Registrar of Cooperative Societies.
Consumer Forums are consumer friendly courts set up under the Consumer Protection Act, that deal typically with cases filed by consumers in which the allegation or grievance is of ‘defect in goods’ or ‘deficiency in services’. This sort of case would fall under the latter category.
Every state (or union territory) has its own cooperative societies law. For instance, the Karnataka Cooperative Societies Act, 1959, for the state of Karnataka ; and the Delhi Cooperative Societies Act, 2003, for Delhi. Disputes between members of societies, and the societies (through their managing committees), can also be referred to the Registrar of Cooperative Societies for the concerned state or union territory, for adjudication.
If it comes to that, you may have to seek legal support ; and were you to write to us at email@example.com in such an eventuality, we shall be happy to guide you so that you fight to win.