• Delay in repair work of severely damaged pillar beams inside flat

Staying in flat of borivli prem nagar no.4. Renovation work of society going on in wings of society. Society passed resolution that damaged piller and beam inside the flat will repaired by society exp. Wrote letter to secretary chairman on 10th jan 2014 to repair damaged Piller beams inside our flat urgently but till date 3 months passed no written reply recd. Verbal comittment they r giving that they will do it and just doing time pass yesterday after shouting on secretary he again give me comittment that within 1 week time your work will start but i know this is also false comittment given by them. I told them that i will get repair from my pocket  as my mother is sleeping on sofa everyday below the said damaged piller and beams which caused life threat for my mother and give reimbursement by way of adjusting the same amount against my monthly rent to be paid to society by me which they denied. My question is what further action to be taken against secretary and other committee member? And i wanted to know the time period of reply from society in writing of any complaint given by society members?
Asked 3 years ago in Property Law from Mumbai, Maharashtra
you can file complaint to registrar of socities
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
its  the registrar who has to reply with in 3 months of receiving complaint ,this is as per delhi cooperative housing act
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
society is not bound to carry out internal repairs to your flat . all internal repair work has to be done by concerned member only . society will carry out external repair work only . you cannot withhold monthly society maintenance charges if society refuses to carry out internal repairs. 

if society has passed a resolution that internal repairs will also be done by society then send letter by regd post ad to society enclosing copy of resolution passed in AGM wherein internal repairs of all flats were to be done by society only . society is supposed to reply to all letters received from members within reasonable period of time . 3 months is too long a period  to wait for reply . you can issue legal notice to society if you so desire
Ajay Sethi
Advocate, Mumbai
27151 Answers
1471 Consultations
5.0 on 5.0
Society is not obligated in law to repair the damage caused to the structure within the four walls of your flat as the concerned flat owner is responsible to repair his own flat. However, this is subject to a contract to contrary. 

If society has resolved to carry out internal repairs then it is bound to honour the resolution. It is not open to a society to backtrack from its resolution. You may issue a lawyer's notice to society asking it to honour its own resolution. If lawyer's notice does not yield the desired result them move to court.

Since your written communication to chairman of society has elicited no reply even after elapse of 3 months you may now issue a lawyer's notice through your lawyer and set the legal process in motion.
Ashish Davessar
Advocate, Jaipur
19555 Answers
506 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
17283 Answers
165 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
27151 Answers
1471 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13544 Answers
291 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19555 Answers
506 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6856 Answers
78 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
3146 Answers
47 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
969 Answers
69 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
2019 Answers
23 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1294 Answers
69 Consultations
5.0 on 5.0
Kiran N. Murthy
Advocate, Bangalore
822 Answers
58 Consultations
5.0 on 5.0