• Co-operative society terrace repairs

Namaste gentleman, my name is Ketan Shah, age 56 yrs. i stay on 3rd floor, and above our residence is terrace. ours is a co operative housing society. Building is more than 40 yrs old and more than last 8-9 yrs no repair works have been undertaken. condition of building is not good. beams and colums are also weak. apart from this more than last 8-9 yrs society is not giving any amt for terrace repairs. we have to put money from our own pocket. our society is going for repair where terrace work they will be taking after 1 yr(after collection of funds and taking other major repair work).
sir can we ask for money which we have paid since last 8-9 yrs from the society legally?
sir can we file an FIR against all members in the local police stn?
sir can we ask for compensation for this year terrace repair from the society ?
Sir to whom can we lodge a written complaint to the government authority or Registrar of Cooperative housing societies? 
if we drag the society in court approximately what is the time period and what could be the approximate amount of legal fees?
can we oppose by not paying building repair funds?
Asked 4 years ago in Civil Law

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8 Answers

You could not ask for what ever previous expenses you have made it, henceforth follow below procedure and read citation as well.

The answer of your each and every questions and dilemma is cited under section 160 of model bye-laws which says that the following Repairs and Maintenance of the Society’s property shall be carried out by the society at its cost:

A)(i) All Internal Roads

(ii) Compound walls

(iii) External water pipes

(iv)Water pumps

(v) Water storage tanks

(vi) Drainage lines

(vii) Septic tanks

(viii) stair-cases

(ix) Terrace and parapet walls

(x) Roof of flats

(xi) Staircases lights

(xii) Street lights

(xiii) Outside walls of the building/buildings

(xiv) All leakages of water (xv) electric lines up to main switches in the flats and (xvi) lifts if any

(xvii) Roofs of the flat and ceiling and the plaster thereon on the top floor on account of the leakages of the rain water through the terrace.

(B) All these are exhaustive in nature and the repairs not covered by the underneath Bye-law, shall be carried out by the members at their cost.

Accordingly, if there is leakage on the external walls of your flat leading to leakage within, the onus of repairs falls squarely on the Society at its cost. Send the managing committee a legal notice for the same through a lawyer and follow up with the secretary of the society. There is also a prominent judgment referring the above matter given by Bombay high court in the case of Humble Home Co-Op Housing Society Limited V/S Sham Balani And Another Decided On Wednesday, June 28, 2006 and its being ordered in the above matter that Terrace repairs is the responsibility of the society .The first issue has been answered by holding that the terrace which forms the roof of the disputant’s lat is the property of the society and therefore, in reply to issue No. 2, the society has been directed to pay an amount of 8.458/-

As per the old Bye-laws it was stipulated that internal leakage as well as external leakage of the premises was the responsibility of society. However, in the new Bye-Laws it is specifically mentioned that internal leakage will be the responsibility of the member.

If the resident above and/ or society is not co-operating to solve the internal leakage problem, you can complaint to local BMC ward office. BMC has the power to inspect and then issue a notice to the resident staying above, under section 381 of the BMC Act. If the member or the society still does not act, then there are several district court orders (Vile Parle district court order on Prashant Trivedi v/s Bansi CHS, as reported by DNA newspaper on 22/1/2011) also in such matters of internal flat leakage.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Society is bound to carry out terrace repairs

2) if society refuses file complaint against society before consumer forum and seek orders to direct society to carry out necessary repairs

3) also seek litigation costs and compensation for mental torture undergone by you

4) legal fees vary depending upon the Lawyer engaged by you

5) no need to file FIR against society MC

6) you have to pay building repair funds

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

The following information gives answers to all your questions: please visit the link also.l

http://www.firstpost.com/economy/6-things-you-need-to-know-about-property-redevelopment-427625.html

things you need to know about property redevelopment

With limited availability of open land parcels in Mumbai, major developers are now looking at venturing into the redevelopment space.

Dilapidated buildings on the verge of collapse are a grim reality for thousands of housing societies across Mumbai. Developers, as an incentive to owners of older buildings, offer additional area, money, and the promise of a new flat with a better amenities .

But owners should keep a few things in mind before opting for redevelopment.

What is redevelopment and why is it needed?

Housing redevelopment refers to the process of reconstruction of a residential premise by demolition of the existing structure and construction of a new one as per approvals from the Municipal Corporation of Greater Mumbai (MCGM). It ideally works best when a society is in dire need of extensive repairs but is starved of the necessary funds for it.

http://www.firstpost.com/economy/6-things-you-need-to-know-about-property-redevelopment-427625.html

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

No FIR can be lodged in the present matter.

You're free to claim your personal expenses that you've incurred in getting the terrace repaired.

If you've any grievance, with the lackadaisical approach of the Society which has failed to ensure the upkeep and maintenance of your building, you can approach either the consumer forum or the Registrar of cooperative Societies.

This case can take about 2 years in court.

Fee varies from Lawyer to Lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

See, firstly you need to look into the agreements if any that what is the clause says about the terrace repair.

If it says that it is the society responsibility then you can ask for the last repairs amount, but if there is no such clause then you can’t.

But, yes you can drag them to the court if in case you want court to ask them at least from now to take this responsibility to collect funds and start repairing as soon as possible.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear sir,

The responsibility of the common area maintenance is of the RWA.

Any maintenance which is done privately without the concent of the society may not be claimed for.

For any grievance you need to approach the Registrar of Society to get order as the tarrece is common area or any fresh election on the basis of corruption etc.

The maintenance charges recieved by society should allocate fund for the repair.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

since the society is not working for the benefits of the tenants and owner you can approach the REgistrar of housing Society or even you can file a suite with cooperative court of your jurisdiction and asking for proper structural audit and proper repair as per the suggestion given in the structural audit report and also the funds which society has to be utilized and remaining fund can be contributed by the owners.

you too can ask for audit of the account from last 8 to 9 year where and how the funds have been utilised and if there has been any misappropriation of fund you can ask for compensation from that person to the society. for rest or any other information pls contact on

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

The terrace is part of the society and it is the duty of the society to maintain the terrace also.

You can claim maintenance amount paid by you, however you should have informed the society before undertaking any repair work because you are the authorised person to carry out any such repair.

If the society is not responding properly then you can initiate appropriate legal action either through ROC or consumer forum for deficiency in service.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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