mitulbhammar (n/a) 25 February 2009

Flat repairs for common area

Hi, I'm staying in a rented flat on top floor of the building. Our owner is an old lady who stays in the opposite flat. The building consists of some 29 flats and there is an association handling the maintenance and repairs. Some years back association had put advertisement hoardings in the terrace due to which both the flats are experiencing leakage problems. They did some chemical filling in the flat cieling before some years, but that didn't help. Now we are requesting the association to get water proofing done from terrace but they again want the same chemical treatment they carried before, which we've found it to be useless.

Legally what actions can I take agains the association. Majorly, the President and secretary of the association are all corrupted and everyone knows that but nobody is doing anything. What actions can we take here?

Thanks.

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3 Replies

sanjeev murthy desai (Advocate) 25 February 2009

File a consumer case against the associatiion and flat owner. Dont pay any mantainance charges to association till the date of will repaired.

sanjeev desai

PALNITKAR V.V. (Lawyer) 25 February 2009

I think the flat owner can not be held liable for deficiency in service. But the Association is liable.

Sur39 (Financial Controller (last designation)) 20 January 2011

According to Bye Laws framed under Maharashtra Co-operative Societies Act 1960, any leakage from the roof terrace into a member's flat, is the resposibility of the Society. In your case, it is the responsibility of the Association.See what the rules or bye-laws of your Association state. Otherwise you can file a case at Consumers Court for deficiency of service. You can also approach the Municipal Corp. in you area, stating that it is a health hazard - water leaking, mosquitoes at al.