• Water leakage from the terrace during monsoon

Sir / Madam,
I have been facing this issue of water leakage for the last 2 years from the building terrace above my flat. In spite of repeated communication to the Managing committee, not getting a solution. The MC states that the work would be done along with the overall repair and maintenance work of the society. 
However due to covid some members are not for doing the society repair work done now (before monsoon)
What is the legal guidance for 
1) can i carry out the work by identifying the contractor (submit the quotation) and ask the society to make the payment to the civil contractor or 
2) If the society doesn't agree to option (1 )then, adjust the equivalent amount from the monthly maintenance charges that are paid to the society?
Another development that has taken place is the secretary and few members from the MC have resigned. There is no quorum of the MC except for the Chairman still being there. The plan for repair and maintenance work has also been shelved. Who would decide on the two options stated above.
Your inputs to deal with this situation would be highly appreciated
P Vikram
Asked 3 years ago in Consumer Law

2 answers received in 30 minutes.

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13 Answers

Well, this is one of the problem/reason why people try to avoid buying topmost floor.

 

both the solutions will not work as repair work of building has to be done/approved by society and you can not take over it yourself and ask society to make payment. If this is allowed then everyone will start doing something or other things for society. 

 

now to solve your problem, you have to tell them that if overall repair and maintenance work of the society is being delayed then the roof work to be carried out now and rest of work can be done later. This can be achieved by same contractor under same bill or splitting the work in 2 parts.

 

The society will reject it then you have to send a legal notice to society and send the same to registrar. 

If still the problem is not solved then you have no other option but to get order from court to proceed with your options. 

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

1) you cannot carry on work on your own and send bill to society 

 

2) you cannot adjust it against your maintenance 

 

3) complain to muncipal corporation against leakage 

 

4) file complaint against society before consumer forum and seek orders to direct society to carry out necessary repairs within stipulated period 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

As rains are expected the matter calls for urgent repairs. You can get the repairs done at your cos,  maintain the account of every single rupee and deduct some amount about 25 % from monthly maintenance charges. In urgency like this there is no need delay repairs on legal technicalities as who is responsible for carrying out repairs. Law permits urgent measures in emergencies.  

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Practical solution is get leakage repaired at your own expense and request society to reimburse you 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1. If the association is not cooperating with you to rectify/repair the same to stop the leakage, you may first issue a legal notice  in which you can make a mention that if the management committee is not taking any action in this regard immediately within 7 days from the date of receipt of the said legal notice, you will get it repaired at your cost and send the bills to the society to pay the same or file a recovery suit before appropriate court for the expenses you have incurred in this regard.

2. You may follow the above stated procedures in order to smoothly complete the process instead of inviting trouble for yourself by deducting the amount from the maintenance amount, which can be termed as taking law into your hand and may be scorned or disdained by the management committee and even may provoke them to resort to legal action against you for  default in payment of maintenance amount as per bylaws of the association.

 

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

You had sought solutions which are to be legally valid.

If you state that any legal action would be time consuming then you will not get any relief if you sit idle like this forever.

At one stage you may have to get into action instead of finding excuses for initiating action to rectify the issue, if you are really interested in getting the problem solved, because you had been postponing the action for the past two years just considering the delay of initiating the legal action on this.

Think it over properly and take a wise decision at a right time.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

1. Yes or get the expenses adjust with the monthly maintenance charges. 

2. Yes. This option is more viable. 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

- As per rule, the maintenance charges levied by a housing society are not for the purpose of maintenance of the individual member’s house, but it is for the maintenance, repairs and reconstruction of the common infrastructure of the housing society.

- Further , the society collect the maintenance charges for the society’s premises and many common services, like society’s office, roads, passages, security arrangements, water supply, supply lines, sewer lines, lifts, staircases, telecom lines, etc., which are for the common use of all members of the society.

- Further, as the Society charge maintenance , then the society has to bear these expenses , if any compliant received by any member.

1. You should give a written compliant to the management of the society , and thereby take permission for the same 

2. On refusal , you can lodge a compliant before the Consumer forum .

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

write a complaint letter to the district deputy registrar of co-operative societies of your ward with all the pictures

if no reply within a reasonable time, you can move the High Court by filing a writ petition

that should be quicker than consumer forum and would be a practical solution

High Court is working virtually

you can move the High Court for urgent reliefs for pre-monsoon works

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

1. First send them a legal notice and ask them to do the repairs. If they are not doing then tell them you will take 3 quotations and do the repairs yourself and reimburse the same in maintenance charges. yes you can file a complaint in consumer court too

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Dear Sir,

1) In such a situation the legal remedy available with you is to move to consumer court against the society asking for a direction to immediately carry out repair of terrace.

2) The practical remedy is to first try and approach the chairman and ask him to carry out repairs right away before the rest of the repairs, and if he does not take any step, then you have no choice but to seek the repairs out of your own pocket if you can get prior permission then it will be better.

4) If you cannot get prior permission then you should send a legal notice to the society and then just go ahead with the repairs and ask society to reimburse you later. 

3) After the repairs are complete file suit in consumer court against society for damages and reimbursement, if the society does not undertake it on there own.

Thank you

 

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

Prior permission is ideal and better but it is impossible in your case.

 

Next option which is practical solution is to do it yourself and claim it later from society. But for this atleast notice is mandatory. 

Without notice, consider your loss from your pocket. 

 

After sending notice, you can submit bills for society approval and refund. 

If society still not does it then you can approach consumer court. 

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

1. The processes mentioned by you will take time but it will be worth it and there is no alternative to it.

2. There is no shortcut.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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