Need your valuable guidance in the matter of leakage having in my house. There is leakage from upper floor flat owner’s toilet and he is not repairing toilet seepage. Now it is spreading everywhere. I have been peacefully requesting him to do repairing since past 2 to 3 years and even same has been informed to society’s chairman and secretary. Letter has been given to society twice and requested to neighbor many times by me but he is ignoring. Not listening to anybody.
Can you please advice what do I do now.
I C Naik
Dear vrushali,
It is unfortunate that management of housing society Is silent about such serious consequences of Committee’s indifference towards member’s genuine problems and that too in case of women members.
I think you must take it up seriously. The Leakage issue is a shame on management of housing societies. As I do not have Copy of your society’s registered bye laws it is a bit difficult to pin point whom you should hold up in Court.
I do not have info about which Model bye-laws have been registered by your housing society. But I guess that Bye Law No 159(a) in the registered bye laws of your society reads as under:
159 The following repairs and maintenance of the property of the society shall be carried out by the society at its cost:
(a) (i) all internal roads, (ii) compound walls, (iii) external water pipe lines, (iv) water pumps, (v) water storage tanks, (vi) drainage lines, (vii) septic tanks, (viii) stair-cases, (ix) terrace and parapet walls, (x) roofs of flats, (xi) stair-case lights, (xii) street lights, (xiii) outside walls of the building/buildings (xiv) all leakages of water, (xv) electric lines up to main switches in the flats, (xvi) lifts, (xvii) roofs of the flats and the damaged ceiling and plaster their on in the top floor. Flats on Account of the leakage of the rain water through the terrace. (C & R’s Letter No. HSG/D – III/Bye-law No. 159 (a)/92 – Dtd. – 9 Dec. 1992).
As you say Committee has been doing nothing about this.
This means your housing society’ services are deficient and you have a reason to make a complaint to the District Consumer Court against the Society for the deficiency in service. You can make a prayer for award of damages for inconvenience caused to you which put you under mental stress.
I suggest you following Steps.
- In order to convince yourself (for your fight conviction is a must) read my post on the following links.
https://www.indiancooperative.com/cooperative-coffee-shop/supremacy-of-the-consumer-protection-act/
https://www.indiancooperative.com/lawslegislations/consumer-court-can-help-in-cooperative-issues/
- Buy a copy of your society’s bye-laws (zeroxing cost Rs 100 approx, you have to pay: It is your right to have a copy), certified by the Hon. Secretary that they are in force on the date of such certification.
- Make copies of all correspondence you have with you on the subject,
- Draft a Complaint addressed to the President of your District Consumer Court and attach copies of correspondence (take Photos of water around in your flat) .Assess how much stress you have undergone attaching monetary value for the same and put it up as a claim.
- Go (carry your Photo Id) and meet the Registrar in the Court and sign the Complaint in front of him and request for his signature as witness.
- File it and take acknowledgment on your file copy.
- The Society will receive a copy of your complaint fixing a date for hearing. You will get a copy.
- Go to the Court and say what yu have to say.
- Court will 99% direct the Society to attend to the repair. Will grant 20-25% of your claim for mental stress.
- Do not make your upper floor member as party to the complaint.
Do not hesitate to contact me for any question.