Maintenance of roof in a co. op. hsg society

SAMIR SHAH (Querist) 02 March 2020 This query is : Resolved
I am owner of a flat in a chsl on the 1st floor, against my windows there are roofs of the shops at the ground floor.
The shops are the part of the society and the roof comes within the boundaries of the society.
There is always garbage on the roof due to thrown by above floors or coming through air/ wind.
I had requested society bearers to get it cleaned almost 4 months back orally and 15 days back with a letter to secretary /treasurer and chairman. No reply till date.
AS per Section 160 of bye laws i feel its the societies responsibility to get it cleaned.
please advice

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Quick Summary

A flat owner in a co-operative housing society is experiencing issues with garbage accumulating on the shop roofs below their first-floor windows. Despite requests to the society management, no action has been taken. The owner believes it's the society's responsibility under their bye-laws to maintain these roofs. Advice suggests escalating the issue to the Registrar of Societies if the society fails to act, and potentially pursuing legal action or a consumer forum complaint for deficiency in service.

Raj Kumar Makkad (Expert) 02 March 2020
Of Course, it is the duty of the society to get the roof cleaned out of the maintenance charges so that you may get natural air quality. Try to get solution at the society level, faking which serve legal notice and then make complaint with the Registrar of the Societies of your area.

kavksatyanarayana (Expert) 02 March 2020
Yes. Make a complaint against the society to the Registrar of societies concerned.

Rajendra K Goyal (Expert) 16 March 2020
Take up the issue with Registrar if Society is not adhering to the request.

T. Kalaiselvan, Advocate (Expert) 21 March 2020
You can first give a chance to the society by informing them about your difficulties and hardships you fce due to the said garbage and the pollution due to which you face a health hazard too and request for any immediate action to clean the same periodically and also to instruct the people residing in the above floors to not to litter on the roof above your windows.
If there is no proper action or response from the society you may resort to first of legal action by issuing a legal notice to this effect, given them a period of seven days to compliance, after which you can even approach consumer forum for deficiency in service by the society and drag the secretary and the president to the consumer forum for relief and compensation for this deficient service.

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