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4. During the pendency of the above suit, according to the applicant/plaintiff, she had to undertake certain repair works in her apartment, since the apartment being affected by severe termite infestation. In order to utilise the services for undertaking the job of pest control and the removal of termite infestation and its spread in the apartment, she sought the help of the sixth respondent association, by sending an electronic mail on 05th December 2020. In the e-communication, she had informed the association about the termite attack in her apartment, for which she had to take immediate steps to control its spread and infestation. In fact, with the communication, she had also informed the association about the spread of termite infestation in many common areas of the apartment in general and sought viable strategy of rooting out the problem of termite infestation in the apartment complex.

https://www.mhc.tn.gov.in/judis/ O.A.No.238 of 2021 in

5. According to the applicant, as there was no response forthcoming from the association members and being affected by the termite problem, she had engaged the services of independent contractor for undertaking the work of pest control, change of water pipes and reconstruction of the damage to walls.

8. Mr.V.Raghavachari, learned counsel for the applicant/plaintiff, assisted by Mr.R.Bharadwaj, would submit that the objections of the respondents/defendants is contrary to fact for the reason that the applicant herself has approached the association as early as on 05.12.2020 bringing to the knowledge of the association about the termite problem, for which, no action is forthcoming as on date. When the association has been informed about the termite problem by the applicant herself by her communication dated 05.12.2020 and having not chosen to respond to the communication with any tangible action, it does not lie in the mouth of the respondents/defendants, to raise objection to the engagement of the outside workers for undertaking the repair works in the apartment of the applicant.

10. In any case, learned counsel for the applicant/plaintiff would submit that on one hand the association on its own is not willing to provide any assistance to the applicant, but when forced to engage the services of outside contractor, the association or other respondents on the other hand cannot be permitted to come up and raise objection as the objection is per se not for bonafide reasons, but is intended to harass the applicant. According to the learned counsel, because the applicant has filed the suit questioning the state of affairs of the association as a retaliation, the objections are being raised under the garb of Covid-19 situation. In any case, the applicant cannot be forced to live in an apartment with looming termite infestation day-in and day-out and the opposition to the present applicant is for extraneous reasons, https://www.mhc.tn.gov.in/judis/ O.A.No.238 of 2021 in the same is liable to be rejected.