Co-oprative housing society

seniorcitizen (Querist) 09 September 2020 This query is : Resolved
Can the member of a cooperative housing society take recourse to Consumer act? Is he considered a consumer? Are there any decisions of consumer fora in the matter?

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Dr J C Vashista (Expert) 09 September 2020
No facts have been posted by you, hence no opinion can be formed to oblige
Be specific to your question, if any.

seniorcitizen (Querist) 09 September 2020
Managing committee of my Coo-operative housing society does not heed requests and does not perform as per the Bye-laws set by the Government. Repairing of leakage of rain water from the terrace to the top floor flats is the mandatory responsibility of the society. There has been heavy leakage of rain water from the terrace in my top floor flat for the last two years. I have subitted oral as well as written complaints to the managing committee but they do not attend to my complaint. This year the rain water leakage has increased to such an intensity that water cascades from the walls and drips from the ceilings of all rooms of my flat. What remedy do I have? Can I approach Consumer court for relief? Please guide me.

krishna mohan (Expert) 09 September 2020
If Co-operative society is the developer and you bought it from them, you can sue being a consumer. But for maintenance related you need to consult ocal lawyer with bye laws on responsibilities for right advise.

Rajendra K Goyal (Expert) 09 September 2020
Broadly it can be summarized that absence of element of commerciality in the operation and working of Cooperative Housing Societies, clearly excludes them from the purview of Consumer Protection Act.