Terrace repairs
Gul Thadani
(Querist) 22 November 2012
This query is : Resolved
Hi,
Please advise me on the above subject, i stay in a big society i live on the top floor that is 3 rd floor and we have a common terrace total there are 8 flats in a bldg,the name of the society is Chembur Navjivan society co-op hsg society ltd.
1.i would like to know what is the legal law for the repairs of the terrace.
2.When i went to the secretary to request for the repairs of the terrace which was leaking he said they dont have funds and the memebers need to take care of it.
3.I came to know from some of the memebers of the society that they have carried out repairs of the some building terrace wherein they have either done free of cost or they have given 50 % of the share.
When i went to them and discussed the same after lot of argument the sectary agreed to share 50% of the money for the repairs,but he said that they will get it done by there contractor and they will invite three quotes, all of them and inspected the site (terrace) and went but nothing happened, i was regularly following with them but every time they were assuring that it will be done. As monsoon was approaching i was insisting them to do it as fast as possible but i was always sent back with the assurance that it will be done.
Finally after having a little fight with them they agreed to give 50 % and 50% will be borne by me i had no choice so i agreed .
Then also nothing happened as rains have started and due to leakage the inner walls of the house were getting spoiled, so again i requested them to get it done to which they said you get it done and give us the bill we will refund you the 50% amount.
After doing so and following up with the sectary one day i got shock of my life he said that in the committee meeting the committee has refused to pay as i have already done the work. I have nearly spend 1.50 lac for the terrace repairs and now he is not even talking to me about this.
What can be done to get my money back as these are very old bldg again after a year i need to spend some amount to do repairs.
Kindly advise and help me so they will not do it with others.I trusted them as all are quite senior and elderly to me and this is what i have got.
Thanks
ajay sethi
(Expert) 22 November 2012
society is bound to carry out repairs of terrace . you dont have to pay for terrace repairs . i presume correspondence is in writing wherein they agreed to pay 50%repair costs .issue legal notice to society
Gul Thadani
(Querist) 22 November 2012
Thank you sir for replying , as i was not aware of any legal aspect and was born and brought up in the same society i did all this on trust as all the people who are now as Sectary or chairman are know to me from my childhood there sons or daughter we have studied together.
My mistake is that nothing is in writing from there end all is verbally only i had given them the letter requesting them for the repairs.
Thats is why they are taking advantage i want them to teach a good lesson by some legal way but at the same time dont want to spoil thee realationship.
There must be some way which you all can suggest.
Thanks
ajay sethi
(Expert) 22 November 2012
well society has refused to pay . what is your option ? you ahve to issue legal notice to make them pay . if they refuse move cooperative court
Gul Thadani
(Querist) 22 November 2012
Thanks,
What would be the expenses incurred in doing so and how much time it would take to do so.
As some one even suggested to write to the registrar officer will that help.
Thanks
gul
ajay sethi
(Expert) 22 November 2012
contact a local lawyer and issue legal nottice . expenses vary from lawyer tolawyer . you cna also complain to registrar of your ward
Gul Thadani
(Querist) 22 November 2012
Thanks a lot.
This is what i just wanted to ask if i sent them a strong letter and a copy to registrar, or a complaint to registrar and copy to the society chairman will help before issuing a legal notice.
Gul Thadani
(Querist) 22 November 2012
Can u give me a format of letter or such a a paragraph which will help me get reply in writing from them and then based on that i can have some ground to fight in trong way legally.
ajay sethi
(Expert) 22 November 2012
we dont provide ready made drafts . engage a lawyer and pay his fees
