Ajay (Staff) 16 December 2015

Leakage issues in my flat

I live on the 2nd floor. The flat above me on the 3rd floor is doing renovation work and removed their tiles, resulting in damage and leaking through my ceiling. I have informed them but they are not willing to compensate for the damage. I have written to our Society secretary informing the said damage. Not received any response from her either. What recourse do I have to get my neighbhour to fix the damage? Can I also hold the managing committee responsible? Is there a time frame within which the Secretary should respond to my letter?

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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 23 December 2015

Are you in Maharashtra? If so you have to comply with Section 164 of the Maharashtra Co-operative Societies Act, 1960. You have to write a complaint to the Registrar against the Society and the other member. If you do not receive any redressal, after 2 months you can file your complaint in the Co-operative Court under Section 91 of the same Act. Some learned lawyers may advise you to go to Consumer court. But whereas Consumer Protection Act is not derogative of Section 91, Section 91 is derogative of the Consumer Protection Act. Thus you are barred from going to the Consumer court. Please visit website

https://www.lawyersclubindia.com/articles/Consumer-courts-and-Co-operative-Housing-Societies-7016.asp?

and in particular see the comments of Mr. Meghavath.