Unsettled terrace repairs claim
kavkaz
(Querist) 05 May 2013
This query is : Resolved
I am an owner and member of a registered society in Andheri, Mumbai. As my flat is on top floor, i had suffered from heavy leakage in monsoon from the terrace above my flat in the year 2006. I wrote to the secretary to repair the terrace but he ignored to reply and answer me to put my letter in managing committee's meeting and told to repair it from my money as now society has no enough fund for it and also convinced to pay me later.
So, I had done the repair and informed the managing committee about the expenses of Rs. 18000/-. Since, then i put my claim in AGM in the year 2009 and the AGM resolved it by stating to pay me my claim as sufficient fund available are available with the society. Since, then i wrote 3 reminders but they ignored. I also gave them the option to adjust the above said amount against my society maintenance charges every month.
In this situation can i file a suite for my claim in co-operative court or registrar of co-operative societies.
Please guide me, How and Where I should file my suite for claim.
ajay sethi
(Expert) 05 May 2013
repairs have been carried out by you at your expense . society agreed to reimburse you in AGM in 2009 . if society failed to pay you should have taken legal proceedings immediatedly .
your claim now would be barred by limitation unless you have any acknowledgement of liablity from society in 2010 or subseqent years
R.K Nanda
(Expert) 05 May 2013
agree with sethi.
Devajyoti Barman
(Expert) 06 May 2013
You are entitled to claim back all the expenses you make while making repairment of the terrace.
Shashikant V. Patil
(Expert) 06 May 2013
You can file a complaint in co-operative court i.e suit for recovery against your society.
Advocate Ravinder
(Expert) 06 May 2013
Yes, you can file consumer case against the Association of Apartments and claim your relief. To my knowledge, your society might be registered under society registration Act and not coop. society Act. It is nothing to do with coop. society Act.
The limitation of recovery of money starts from the date of giving them option to adjust the above said amount against your society maintenance charges every month. If you are barred by limitation it is difficult to recovery the money. Then you have to consult a good experience lawyer as the matter would be complicated.
