Jayant Kumar Ray
I am a resident of Ghatkopar East and staying on the ground floor in a two bed room hall kitchen flat. The gentleman staying on the first floor had purchased the premises way back around 1979-80 and had made physical alterations to his flat without any written permission of the Society. The Committee too did not take any cognizance of any complaints and has no documentary records either of any written complaints being made or any resolutions thereof. Presently the first floor has all flooring and walls covered with granite and Italian marbles.
We have been facing leakage problems with the above flat owner numerous times and we have spent 100% from our pocket for repairs because the above flat owner refuses to cooperate in the matter. Now in the present scenario, if the flat owner who has renovated his flat and made all structural changes, refuses to cooperate or contribute to the total repair expenses, what should be the course of action and is there a grievance escalation matrix that I should follow to seek recourse to law?
I C Naik
The Committee should send a show cause Notice as to why he should not be expelled from membership for carrying out alterations in the flat without prior written permission of the Committee. The Committee should ask him to furnish details of changes whether to verify if any change needs BMC approval or any change is illegal which needs to be removed and original position be restored.
If the Committee is not prepared to do it then it is a deficiency in service to members because protecting property of the society and to ensure flat holders can live life without nuisance and it is failing in that. The District Consumer Forum also hears such complaints and give directions to the Societies. You can get guidance as to how go ahead with this in Consumer Court on following website.
http://consumerresources.in/2012/09/20/how-to-prepare-and-submit-a-complaint-to-a-consumer-forum/
