Non-redressal of grievances by society
Sunil S Sakhrani
(Querist) 30 March 2012
This query is : Resolved
Dear Sir,
This is with regards to the works carried out by our society on the terrace and building. Waterproofing, plastering and painting of the building were carried in the Kendriya Vihar(3) Co-Operative Housing Society, Kharghar. We have paid Rs.62,000/- towards the above works.
I wish to bring to your kind notice that there are several cracks developed in our flat due to the works carried by the society contractor. We are also facing leakage, water dripping and seepage issues. While carrying out some work on the terrace, cracks developed on the ceiling/ false ceiling due to which heavy water leakage and dripping started in the hall and a big portion of the plaster/ceiling and false ceiling fell down causing damage to our property(in July 2011). This leakage has also passed to other rooms causing cracks in the walls and ceiling.
We have been writing various complaint letters to the society regarding the leakage and the repairs of the ceiling and walls as ours is the top floor but no action is being taken except for lip service and assurances. Even the overflowing from the water tanks on the terrace were not being repaired causing seepages in the flats.
We had brought to the notice of the society in July 2010 though the society works were done before this when leakage started and yellow patches started appearing on false ceiling but no action was taken during that time. Had some action been taken during that time this situation could have been avoided? This is a case of negligence on part of the society and the contractor.
The Joint Registrar of CIDCO has even sent a letter/notice to the the society to answer to the complaint letters submitted to them with regards to the non-redressal of above grievances but in vain.
Moreover, I wish to bring to your kind attention that there has been various cracks, leakages and seepages at several places in our house, which took place after the works were carried out in the building. Furthermore, recently we got our house plastered and painted after which leakages at various places took place ruining the walls and ceiling of the hall, bedroom, bathroom, kitchen etc causing huge losses and mental agony to us.
Sir, it’s not only the ceiling plastering which needs to be done but since there are several cracks developed on the false ceiling/ walls after it had fallen which needs replacement/ redo of the whole thing along with electrical works, painting etc which got ruined.
I understand that the society is bound to maintain the terrace and ensure that it is leak proof as per bye-laws
Please advice me on the correct position in law.
Thanking You,
Yours faithfully,
Sunil S Sakhrani
Cell: 9821890709
ajay sethi
(Expert) 30 March 2012
already advised you by private message
society is bound to repair terrace and your cileing as you are on the top floor .if shoddy work has been done by contractor and society refuses to take action and rectify the damages issue legal notice to society .
ajay sethi
(Expert) 30 March 2012
you ahve further mentioned that you have till date not paid delayed payment charges to society .
since you are a defaulter society would be reluctant to carry out necessary repairs .
please note that you cannot hold society to ransom by refusing to pay dues in full .
Shonee Kapoor
(Expert) 30 March 2012
You need to pay soiciety charges regularly.
Also society is liable to repair the terrace. If they don;t do complaint to registrar of societies.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Rajeev Kumar
(Expert) 30 March 2012
Since you are a defulter. Soceity would be decline to carry out necessary repair work because till date you have not paid delayed payment charges of soceity which is imposed on you. You cannot hold soceity to ransom by refusing to pay full dues
Sunil S Sakhrani
(Querist) 31 March 2012
Dear Sir,
I would like to bring to your kind notice that my father who expired 3 years back was the owner of the flat and now the share certificate has been transferred to my mother's name, being the nominee. The DPC dues are of my father's time.
Though the maintenanace charges and other charges are all clear except DPC, in that case can the society force us to pay such charges.
Regards,
Sunil
