We have been suffering from leakages from private terrace of a flat for the past several years. Numerous complaints have been made to the Society and the owner in this regard.The owner did not pay heed to society requests or resident requests. The private terrace has not been repaired nor any maintenance carried out for past 14 years by the owner. He just kept reassuring that he will do it and did minor patchwork which did not help in stopping the leakage. The extent of leakage is major (terrace covers entire area of two 985 sq feet flats) and the terrace shows obvious signs ie cracks etc of being in need of complete repair/waterproofing. The issue now compounding to the problem is that the flat has been seized by a bank due to non-payment of loan by the owner. and sealed. The owner has been evicted from the flat. The Society has been asking permission from the bank to carry out repairs to the terrace and also filed complaint with BMC . However the bank has not responded and is non-cooperative. As an affected resident suffering due to the leakages for past several years and no solution in sight what are my legal options now?
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File complaint against bank before consumer forum and seek orders to direct bank to permit society to carry out repairs of terrace
2) in alternative if any proceedings are pending before DRT file intervenor application seek orders to direct bank to permit repairs to terrace
1. Serve a lawyer's notice to the flat owner to immediately carry out the necessary repairs and stop the leakage.
2. If he still does not take the corrective steps then you may file a suit for mandatory injunction against him in the civil court.
1. There is a remedy by way of filing civil suit for mandatory injunction.
2. Since the bank is a public authority and the civil suit may take long time you have another efficacious remedy of filing writ petition in high court citing danger to our lives.
3. So choose any of the two options.
Hello,
Serve the society with the legal notice and later file a specific performance suit against them for doing the repairs
You should file a complaint with the BMC and it will take over the property for necessary repairs because it can endanger other properties. Itmf they too do nothing then file a writ petition in the high court.
You can file a civil suit in the said case against the said person for directions and repair. You can also try to file consumer court complaint by making the society a party if the said private terrace is a common area and comes under common maintenance.
- As per rule , the Association shall frame rules, regulations and procedures for its common areas and facilities as well as frame guidelines of restrictions and measures designed to prevent the unreasonable and improper use of facilities and common areas which will interfere with the peaceful occupation of units by respective Owners / Residents conducive to day to day living environment.
- As per Bye-laws , Repairing of external leakage of the premises is the responsibility of society.
- Further , The Bombay High Court, in a recent decision, has held that a co-operative society is responsible for repairs of a leaking roof.
- If the Society is not taking interest to repair the leakage problem, you can complaint to local BMC ward office.,
- Under section 381 of the BMC Act., it has the power to inspect and then issue a notice to the society , and if no response from the BMC , then you can file a suit in the Court as well.
- You should lodge a written complaint in the office of your co-operative housing society for the same , and if no response then take legal steps as i mentioned above.
- Further, if the bank has sealed the flat due to default of payment by the owner , even though this flat is a part of the society , and the society is bound to remove the problem, after taking the permission of the bank .
Better file case in court and obtain direction to open falt and repair.
Please approach Civil Court against Society and Bank for direction to carry out necessary repairs.
You will have to make arrangements for architect report and professional programmed photography and videography of entire suit premises to prove your grievances against injustice caused to you by Society and the Bank who have not carried out their statutory obligations as per the law.
You may have to pressurise the BMC about this highlighting the danger to the residents of the association due to this.
If there is no proper response from the bank or remaining reluctant due to to hostile attitude of the bank, you may file a suit seeking direction to bank to allow the society to undertake the repairs which are essential for the safety of the lives of the residents of the association.
The bank has to respond to the court or else you can get an exparte decision against the bank by which you can execute the desired task without bank's interference.
You can send to notice through Lawyer to that Flat Owner contending that repair the leakage within stipulated time and if he denying to do that then you can move to civil court for filing suit of mandatory injunction against that flat owner
Consult a certified Civil Engineer (CE) and obtain his / her opinion about the seeping problem.
Using the above report of CE lodge compliant with Bank to look into the matter and get it repaired or permit you to repair it and debit the expenditure to the account of borrower.
If the bank does not respond, you can lodge complaint before Consumer Forum (CF) and seek direction from CF as stated above and proceed.
You can also claim, litigation expenses along with costs of litigation.
Please file a case before the Consumer Court for the directives against both owner and the bank alleging that bank is not allowing the work to be done with claim of damages.
Residents and society can file a suit against bank for giving directions to bank for allowing to you carry repair work of flat which is causing damage to flats of residents living below the terrace.
