• Can I adjust internal repairs to my flat against society maintenance charges

Due to constant seepage of water from the flat above mine, I've had to incur expenses for repairing my flat. On several occasions I've requested the flat owner, through the society, to repair his toilet/bathroom. I even agreed to share the expenses equally. He refused. Society also washed its hands off the matter claiming that it is an internal issue between two members. Since I did not have any other option but to repair so that my flat is liveable, I've decided to adjust the repair expenses against monthly maintenance. Your views on this.
Asked 7 years ago in Property Law
Religion: Christian

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12 Answers

1) no you cannot adjust the expenses you incurred against your monthly maintenance. It's not legally tenable and would attract provisions of section 101 of cooperative societies act against you. 

2) what you can do is, move cooperative court against the member having flat above yours, and make you housing society a respondent too. 

3) seek phone consultancy with me for further guidance

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Sir you cannot adjust the repairs agaomatnspciaga maintenance. The society can file for recovery of same 

You should complaint before municipal corporation for leakage of water the other owner can be punished and fined for not undertaking repair.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If the work is internal society generally doesn't share the expenses. Only the common expenses are shared by society. If your work is not common you will not be able to adjust the same

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

Hello,

monthly maintenance is provided for the common amenities. Legaly you can not adjust this amount against thr monthly maintenance charges.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You cannot adjust costs of repairs against society maintenance dues 

 

Society would take legal proceedings against you to recover society dues 

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

Well, this is often a very common problem in multistoried buildings and a nagging issue as well.

Since your verbal request have so far fallen on deaf hears you will have to now explore legal recourse.

So send him first a legal notice seeking correction of the problems.

If he does not then file a civil suit for damages and injunction so the loss caused to you can be recovered from him.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Your society president can play role of mediator only in your problem.

you may file a complaint against the cooperative housing society in the consumer forum.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been trying continuously to get the same repaired, You in fact requested the society also, but left with no answer from them.
  2. You should write a intimation letter to the society about the same, and get it done by yourself.
  3. If they deny or threat you to not to do that then you may have to file civil suit against the flat owner plus the society to compensate you for expenses which you will be going to incur plus the litigation expenses also.
  4. At the end, sometimes we are left with no option, but to approach the court of law.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Its not permissible 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

No doubt you are aggrieved by this damage, however your upper flat also cannot be liable for this damage and loss caused to you.

But you can always serve notice to association to get the structural damages rectified through the corpus funds.

You can even warn them that if they still ignore your problem or reluctant to initiate any remedial action or remain lethargic to this continuous problem, you would be forced to repair them at your expenses and would reimburse the same from monthly maintenance amount payable by you to the association.

If the association is failing to comply or indulge in any undesirable activity against you to wreak vengeance or to put pressure on you, then you may either approach the cooperative court or consumer forum for relief and remedy.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

1. Internal Repairs (as per Model Bye Laws) are usually of no concern and cannot be linked to the Society Service /Maintenance charges and even the coop. registrar would not grant you any relief, IF you stop /discontinue payment or adjust such expenses against your bills.

2. File proper grievance petition before the local consumer court, against the Society, for negligence and deficiency in directing the other member for the needful. You are entitled for damages and compensation, provided proper documentation /evidence is available.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Sir,

You have done a very thing and get issue a legal notice to the Society to reimburse the expenses incurred by you or to adjust the same with maintenance charges. You may even approach Civil Court in this regard.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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