Query of Laxminarayan Sarma

I am 73, resident of a very badly leaking top floor flat in Gita Kiran CHS.

Over a period of time, owing to the Society’s arrogant high handed noncooperation, I have had to spend from my own pocket, substantial sums of money on waterproofing. Age physical infirmities and strained finances have constrained me from taking on the small but powerful, arrogant, autocratic.  Small coterie of members who are running the show as their personal fiefdom.

In 2016, I dug into my savings and spent ?15,000 on waterproofing without results. Heavy leakage destroyed my wardrobe, electrical fittings and electronic items, expensive clothes, a few highly treasured family heirlooms and the Neely painted walls, causing a loss of around ? 2 lacs.

My back is broken

The first few minutes of rain has caused havoc in my flat. I shudder to imagine what will be my fate when the rains finally set in

I wrote to the Secretary about my problem. He hasn’t yet officially replied so far. When I personally met him, he said I was free to requisition an EGM  the general body to plead my case. He also said the Consumer Court was open to me. In a later email to me he repeated the same.

As I understand it, the laws mandate responsibility for external maintenance on the Society.

Kindly guide me –

Is it not the Managing Committee’s duty to address a members problem without directing a  member to requisition an EGM? .

As far as I understand, the General Body has no role and no power to veto redressal of a serious, potentially life threatening situation. It’s role is confined to only according financial sanction.

Due to my advanced age, i don’t have the physical fitness and endurance  or the financial means to go to the law.

Kindly guide me with reference to the relevant provisions of the bye law to convince the Society.

My physical safety is in jeopardy during the ensuing rains

I C Naik

Responsibility of Repairs is distributed between the society and flat owner and is detailed in registered bye-laws of the society.  Registered bye-laws of your society must be based on Model of initial years which I do not have an access. Can you buy a copy of your society’s registered bye-laws at a copying costs specified in registered bye-laws itself. If you can get it scanned and mail it to me I will be able to help you. District Consumer Court looks in to such complaints and normally give ruling in favour of members including compensation for inconvenience and damages for losses.




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Comment ( 1 )

  1. Bhavik mehta

    Would like to know whether, in new byelaws is it compulsory to charge per unit or can charge maintenance per sq feet.

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