Is a resident a customer of housing society

Legal Opinion on Housing Society and Resident Relationship In the context of the Consumer Protection Act, a resident of a housing society can be considered a consumer, and the housing society can be considered a service provider.

 This relationship implies that the society is responsible for providing certain services, including maintenance and repairs, to its residents.

Remedies for Failure to Repair Seepage If the housing society fails to repair seepage between two floors, the affected resident can explore the following remedies: -

*File a complaint with the society's management*: The resident can submit a formal complaint to the society's management committee, requesting them to take action to repair the seepage. -

 *Approach the Consumer Forum*: The resident can file a complaint with the Consumer Forum, citing deficiency in service on the part of the housing society. -

 *Seek legal action*: The resident can consult a lawyer and explore filing a civil suit against the housing society for breach of its obligations.

Refusal of Permission by Upper Floor Resident If the upper floor resident refuses permission for repairs, the society or the affected resident may need to: -

 *Seek mediation*: Try to resolve the issue through mediation or negotiation with the upper floor resident. -

*Approach the local authorities*: If the issue persists, the resident or the society can approach local authorities, such as the housing authority or the police, for assistance. -

*File a complaint*: The resident can file a complaint with the Consumer Forum or seek legal action against the upper floor resident for obstructing the repair work.

Recommended Course of Action To resolve the issue effectively, it's recommended to: - *Document everything*: Keep a record of all correspondence, notices, and attempts to resolve the issue. -

no. Resident is not customer of HS but member of HS. All legal action depends on bye laws of HS.

As per consumer protection act :

(7) "consumer" means any person who—

(i) buys any goods for a consideration which has been paid or promised

or partly paid and partly promised, or under any system of deferred payment

and includes any user of such goods other than the person who buys such

goods for consideration paid or promised or partly paid or partly promised, or

under any system of deferred payment, when such use is made with the approval

of such person, but does not include a person who obtains such goods for

resale or for any commercial purpose; or

(ii) hires or avails of any service for a consideration which has been paid

or promised or partly paid and partly promised, or under any system of deferred

payment and includes any beneficiary of such service other than the person

who hires or avails of the services for consideration paid or promised, or partly

paid and partly promised, or under any system of deferred payment, when such

services are availed of with the approval of the first mentioned person, but does

not include a person who avails of such service for any commercial purpose.

When a resident is paying for the services provided by the society, as per act he is a customer. Where is the exemption for the constitution of the service provider ?. The service provider could be a company, HUF, individual, society or AOP., NGO,Govt. anything..As per the act, who pays the price it is the customer.

Why you have posted part of consumer protection act.? What you want to prove that you have more knowledge than experts. Don't waste time of experts. 

When you know the acts, follow them and why you depend on others and put the query?

As a layman, I have the basic knowledge of the act. But the rules and their interpretation varies. This is a gray area and experts have different opinion. I am not here to show my capability but to learn from the experts. I shared my logic giving reference to the act. my appologies if I have hurt anyone's sentiments unintentionally. 

If your complaint pertains to services provided by the RWA and you believe you have been wronged, you may consider filing a complaint with the consumer forum.

Member of a society is termed as "consumer" for moving a complaint to jurisdictional Consumer Disputes Redressal Commission for deficiency of service in terms of Section 2(11) of Consumer Protection Act,  2019.

Since you have stated to have basic knowledge qua definition of a "consumer" as provided in Consumer Protection Act, 1986 (now 2019) what is your perception and view of the subject ?

Besides this, what do you intend to ask on the issue, which is prima facie taking examination of the experts on this platform?

What I state here may apply to a Co-operative Housing Society in Maharashtra. It may or may not apply to any other society or residents' association else where.

The 

B. S. Jogdand vs. Mithul Co-operative Housing Society and and Mr. Bhalchandra Patil

Complaint No. 164/2011 before the cunsumer court in Bandra was similar. Mr.B. S. Jogdand occupied a lower flat and Mr. Bhalchandra Patil occupied the upper flat. The Forum decided in favour of Mr. Jogdand and asked the Society to pay compensation. Mr. Bhalchandra Patil was let off as he was not a service provider under the Consumer Protection Act. The Society went on appeal against the Forum decision. I do not know what was the result.

According to me a consumer court does not have jurisdiction over a case against a co-operative society for the following reasons.

1. Section 2(42) of the Consumer Protection Act, 2019 says

Section 2 (42) “service” means service of any descripttion which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, telecom, boarding or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service.

A co-operative housing society provides service free of charge. It collects funds from the members and pays to agencies like electricity, water, security agencies ets without any service charge

2. Under Section 91(b) of the Maharashtra Co-operative Societies Act, 1960, only the co-operative court has urisdiction for any dispute between a member and the Society.

Section 100 of the Consumer Protection Act 2019 says

100. The provisions of this Act shall be in addition to and not in derogation of the provisions of  any other law for the time being in force.

In my  opinion  member of  Co-operative  group housing  society  registered  under  Cooperative  society  act  is not  a consumer .  Members contribute  funds called  maintenance  to  the meet the  common expenses  e.g  Security , Cleaning of  the Common area , Lift  maintenance  and  electricity  of  the  common area etc . 

In the event  of seepage  from the  top floor , affrected  member  to approach  Civil  Court  being  the violation of  civil rights  but  before that exhaust  the remedy  with  the registrar of  Cooperative  society  

Sanjeev Duggal 

Advocate 

In Maharashtra the member will have to go to the co-operative court. Leakage from the upper floor to lower floor is a tricking problem and it is very difficult to fix the responsibility.