Chirayush.J.Bakshi
I would like to bring to your kind notice the following grievances faced by my family on account of the high level of insensitivity and a general negligence by the above resident and the society, towards the above pending matter since the last 5 years.
The leakage is continuous in my kitchen from the flat above, and has rendered it impossible for us to use the kitchen and even perform functions like cooking the food. The contaminated water drips 24X7 and there is no effort on the part of the resident above to rectify it. I am also not allowed to enter his premises nor undertake any repairs to the same of a permanent nature. The slab has become weak and the plaster is giving way and the ceiling has developed dangerous cracks endangering our lives.
In the above circumstances, I have time and again approached the society for help and intervention, but so far no solution to the problem has been found and I am left with no option but to approach the civic body for help and intervention. I have since the last five years been writing to the society for help.[ copy of all the letters are attached herewith for your kind reference]. Most of the managing committee members have at my request merely visited the leakage site but no permanent solution undertaken.
In view of the helpless situation that I am placed with I request your good self to kindly look into the matter and do the needful.
The occupant of the flat above is a qualified doctor and does not want to share costs or even cooperate.
Thanking you in anticipation of quick and effective action
I C Naik
Chirayush Bashi made following request.’ I request your good self to kindly look into the matter and do the needful.’
Your problem is quite genuine and not uncommon to housing societies. But you do not seem to be a sincere visitor to www.indiancooperative.com otherwise you would not have requested us to do the needful. If you carefully observed announcement just above the email ID you would find “Ask your cooperative-related questions to Mr I C Naik ” Members can ask for advice to solve their problems in their society. Solution has to be worked out by the member by carefully understanding the advice which may not always be 100 % accurate as we do not have full facts before us. For example the responsibility of undertaking repairs in the society buildings is specified under registered bye laws of the society to which we have no access. As a matter of fact even you have not seen them otherwise you would have approached the Secretary with confidence. If your society’s bye Laws are registered as per bye laws Model 1984 (prior to 2001) and they are in force you would have found following bye law to your rescue.
159.The following repairs and maintenance of the property of the society shall be carried out by the society at its cost:
(i) ………….. (xiv) all leakages of water,
So now get a certified copy of your bye laws (Cost Rs 100 approx) and draw the attention of the Secretary to relevant provision in your society’s bye laws.
It is possible that your Managing Committee does not listen to you, still. The ultimate course is file a petition to District Consumer Court in Bandra making a request for giving orders to society to (1) attend to Repairs (2) Damages for deficiency in service for last 5 years. Simultaneously write to the Dy Registrar of your Ward to order damages to be paid by committee members for their negligence in providing service as if the Society has to pay the same to you it will mean you are sharing the part thereof yourself.