Mumbai Housing Society Queries: 'Pet Owners Must Ensure Their Animals Do Not Cause Nuisance,' Says Expert

Mumbai Housing Society Queries: 'Pet Owners Must Ensure Their Animals Do Not Cause Nuisance,' Says Expert

The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.

FPJ News ServiceUpdated: Monday, June 10, 2024, 08:47 AM IST
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My neighbour has a rooster which crows irritatingly throughout the day causing nuisance to me and the entire society. I am told his owners generally keep him in a cage. I understand his owners have gone out of town leaving him alone at home and someone comes only to feed him during the day. I am conducting online sessions and being into entertainment industry, have to record audio and videos from my house. The crowing of the rooster is impacting my professional and personal life. What can be done to stop this nuisance?

MJ Khadilkar, Andheri

Members are entitled to keep pets in the housing societies. A rooster is a farm bird which rarely finds a place in urban houses as a pet or otherwise. Every society is required to have a pet policy. The pet owners have to ensure that their pets do not cause a nuisance, annoyance or inconvenience to the members when in the common areas. It is difficult to control pets, specifically dogs barking, rooster crowing, parrots growling, etc, within their residence.

Pet owners have to know the events by which their pets get triggered and avoid those to ensure not to cause inconvenience and nuisance to the other members of the society. They have to provide a comfortable environment to pets so that they are well-behaved. Frequent crowing of the rooster could be due to him being caged. Caging of animals (birds included) is considered cruelty as per the Prevention of Cruelty of Animals Act. The permissible noise limit for residential areas is 55 decibels for the daytime and 45dB for nighttime. Considering your nature of work, you may bring the aforesaid provisions to the attention of your neighbour and to the society to initiate corrective action, if any.

In case you do not receive a positive response, you may file a complaint with the Animal Welfare Board and Pollution Control Board and the DDR in case of any violation with regard to the applicable laws and limits.

I have purchased a developer's flat in a society that he developed and the agreement is also registered. Members of the society have some pending issues with the developer because of which they are not admitting me. How can I become a member in such a scenario?

Shehnaz Alam, Kurla

You may file an application in Form H-1 along with the membership fee, to the DDR seeking his intervention. The registrar (through DDR or any other authorised officer) should forward the application to the society within 30 days of the date of receipt. If your society fails to communicate any decision within 60 days of the date of receipt of such application and the amount, you shall be deemed to have become a member of such society.

If any question arises as to whether you have become a deemed member or otherwise, the registrar can decide the matter after giving an opportunity to hear to all the concerned parties. The decision of the registrar is final and he should communicate the same to the concerned parties within 15 days from the date of the decision. (Section 23, Rule 19A of the MCS Act).

I am in the process of purchasing a new house having MahaRERA registration. Is there a standard format of allotment letter to be executed with the developer?

Manita Samant, Mulund

Yes is the simple answer. You may refer to the website of MahaRERA (maharera.mahaonline.gov.in). MahaRERA vide its Order No 30/2022 dated 3/06/2022 has prescribed the model format of the allotment letter. Your developer shall prepare an allotment letter which is in accordance with the format given in Annexure 1 to the aforesaid order. Your developer is required to upload format of the allotment letter on the website of MahaRERA while registering the project. It is advisable to check all the details of the project and the documents uploaded on the website of MahaRERA while considering the purchase of a flat in a registered project.

The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.

The questions, in brief, may be sent to fpjchs@gmail.com

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