Terrace leakage

If after highlighting your issue it is not solved, please serve them a legal notice that next time onwards you will be bound to adjust from the maintenance cost!

1. You have an positive option to file a grievance petition against the Society, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, etc.... with proper documentary evidences and you can claim damages /compensation & interest on your investment, and for your physical & mental trauma.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

I agree with both the experts. First serve a notice with time period and then if they don't comply, you can approach the consumer court.. 

Besides consumer complaint as advised by expert Mr. Hemant Agarwal, you have another option of seeking permanent and mandatory injunction, compensation for damages by instituting a suit in civil court. 

i do agree with experts

[1] Submit a complaint to the Building & Factory department of the MCGM of your area, [2] Get an estimate of repairs from a reliable contractor and issue a notice to the managing committee of the society, attaching a copy of the estimate, stating that if the society does not make arrangments for the repairs of the leakage you will do so at your cost and the society will have to reimburse the cost to you. [3] Approach the consumer grievance forum if the society fails to reimburse the cost of repairs. [3] Under no circumstances you can arbitrarily adjust your cost of repairs from the amount of maintenance, that will render you a defaulter.

You may have to issue a legal notice to your association demanding immediate action to the consistent problem which recurs every monsoon season.

You may have to demand the association to repair  the same and solve the issue or permit you to do it at your own expense and to deduct the expenses from the monthly maintenance amount collected from you every month.

If the association is not responding or not cooperating then you may drag the association to ther consumer forum for  relief and compensation for the deficiency in service. 

Thank you for your guidance and suggestions. 

I would like to know how do I send the legal notice and how much it would cost.

Secondly after sending he legal notice and they do not act what would be  the next course of action.Thanks

1. Send Notice by Speed Post, which might cost upwards starting from 500/-.

2. IF Notice has no affect, THEN file case in Court.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

Your best option is to approach Consumer Court for a speedy remedy. In Mumbai a notice period of 3 months should be given to a co-op. Housing society before filing a grievances complaint with Consumer grievances forum

Thank you for your suggestion. I wrote to BMC  Factory and building dept and they have sent a letter to conduct a structural audit. The auditor has surveyed the place and will be giving his report. 

I also lodged a police complaint and for this monsoon the society has done a proper water proofing to avoid leakage. But they are annoyed on me as the Chairman and Secretary had to face the police in the society premises.

Now I understand the Chairman and Secretary have put in their resignation.

Thus the suggested actions taken by you in this regard has rewarded you and your problems are solved for now.

You need not be bothered if the president or the secretary or any other office bearers tendered their resignations, you have no concern about it, you have to concentrate on your relief alone.