Amit Sharma
Found your website on Google and am very impressed that you have been actively answering questions of people across the country.
I have had an issue with the society recently where my child had an accident due to garden benches in the society compound.
I bought this house in Mumbai suburb in 2007. The builder had installed 5 garden benches in the compound.
The society was handed over to a provisional management committee in 2009 which has been operating the society affairs ever since though with some amount of arrogance.
That aside, a few months back they shifted 2 of the benches to facilitate parking of their bikes. This was done without any consultation in any of the meetings (funny part is that they host AGMs every two years that too after multiple reminders).
Now after these benches were moved they were not fixed with cement bonding properly. In April my child was sitting on one of these benches and due to pressure on frontal side the entire bench toppled over on to her…injuring her gravely and causing me a rush distress medical crisis situation.
Upon complaining in writing with 1 reminder I got a scribbled response asking me to take care of my child when she plays.
My questions for you –
Who is the owner of civil work responsibilities in a housing society ?
Can there be a case of criminal negligence against the person responsible ?
Am I rightful in asking the society for compensation for the above issue ?
Can the next committee investigate and take appropriate action against the erring persons including chairman, secretary etc ?
I C Naik
CHS has been held to be a service provider to its members. District Consumer Redressal forum has ruled against societies and in favour of members for a proven case of deficiency in service: in most cases about neglecting leakages. Taking proper care of the property of the society is one of the objects of the Society and management committee has the right to collect all such costs from members as part of maintenance bills. Fixing the Benches as was received from the builder is also similar responsibility. Society has shown negligence in this respect causing damage to members/family. It is a clear case of deficiency in service. You are entitled to be compensated for the same. You can file a complaint to the concerned District Consumer forum against the Society and its Committee as well as its office bearers.
Simultaneously you can also point out to the Registrar the defects of management especially not holding AGM once a year.