I request your advice on the following issue.
Society name : Gulmohar Paradise CHS Ltd ; Reg. No : PNA/PNA(2)/HSG (TC)/ 5743/2002-03; State: Maharashtra
My flat is on the 6th floor of this 6 floor building. There was a leakage issue on external pipe of my flat. The external pipe connects from my terrace to the common duct on the left. My society had been telling me to do repairs to the external pipe as there was a leakage there which was affecting the external wall as well. Initially i got that pipe replaced at my personal cost but after a year the leakage problem started again and my society started pressurizing me again to redo the repairs. By then I had got to know that according to Bye-Law 160(a) all repairs of external pipelines and drainage lines are to be maintained by the society. Therefore, I refused this time to make those repairs. Now after 4 months, I am again being harassed by the Society Chairman to make those repairs and get the external wall painted as well otherwise he said he would file a complaint and get my house sealed.
I have attached the pictures of the external wall. Please advice as to whether it is my liability to repair the pipeline again and whether I am responsible to paint the external wall as well. And what step I should take in order for them to stop harassing me.
Thank you for your kind co-operation in advance
I C Naik
Your society’s Registration Number indicates the registered bye-laws of your society were based on Model 2001. However as you have quoted bye-law No. 160(a) it is assumed that your society has adopted 2009 bye-laws in compliance of bye-law No. 167 and the Registering Authority having registered the same, your society’s internal management is governed by Model 2009. As I am going to advise you quite stern step, you pay immediately a Deposit of Rs 300 to the Hon. Secretary by Cheque drawn in favour of the society (against written ack. of the Hon. Secretary) with the request to provide you a copy of the bye-laws of the society which are in force on the date they are certified under signature of the Hon. Secretary / Chairman and Seal of the society.
Your contention is 100% right that as per bye-law No. 160(a)( xv) “all leakages of water, including leakage due to rain water and leakages due to external common pipe line and drainage lines” shall be carried out by the society at its cost:
“You are being harrassed by the Society Chairman to make those repairs and get the external wall painted as well otherwise he said he would file a complaint and get my house sealed” VERY SERIOUS ISSUE
My advice is as under without waiting for Xerox of registered bye-laws:
Write a letter to the chairman/the Hon. Secretary narrating these facts to the fullest extent, including what actual repair costs you incurred (if bills are there attach Xerox) earlier during mm/yyyy totally against your conscience solely because the society prevailed upon me. “I am now advised thast about repair cots my understanding viiew was correct then and now also. As a peace loving resident, I wouldn’t be happy to legally confront with either the society or with your good self. You may however go ahead with any further action as you or your advisors may deem fit. For now I am not acting on the advise to approach the District Consumer Form with a complaint of deficiency in service and unfair treatment to me and shall request the Hon Consumer Court as under:
The Hon. Consumer Court may be pleased to order the society:
- To reimburse Rs………being the costs of repairs forced upon the respondent housing society though as per its bye-law No. 160 (a)(xv), these expenses were required to be incurred by the society out of its repair fund.
- To pay interest at appropriate percentage from dd/mm/yyy till the date of reimbursement of the afaresaid amount which may be specified by the Hon. Court
- To pay interest at the accelerated rate as the Hon. Court may be please specify in the order for any delay after the specified date of reimbursement.
- The Hon. Court may be pleased to order the society to carry out the repairs to the society building forth with before expiry of a period as the Hon. Court may pleased to order..
- To determine an amount of compensation for the harassment and mental stress caused due to the deficiency in service and unfair practice and the threat to get my flat sealed thus causing a grave mental stress due to fear of losing a shelter and withdrawal of my legal right of occupying the flat.
- To pass an order directing the society to apply to the Dy. Registrar to determine what amount of interest cost should be reimbursed to the society in terms of provisions of the M C S Act 1960 and registered bye-laws of the society.
- To make any other order as the Hpn. Court may dim fit…
I do hope that I would not be compelled to approach the Hon Court against my conscience solely because of unfair approach to take fair approach in solving the issue.
Copy by email to the Dy. Registrar Ward
Please do not forget to take ack on the copy of the letter you send to the society. If the delivery is refused send the letter by RPAD and preserve the returned envelop if at all.
