Query of Milind Deshpande

I reside in Mulund East, Mumbai in the co-operative society built in 2000. It comprises of 18 members. I own a flat of the sixth, i.e. top floor in the building. In the past 17 years the society carried out only one major repairs including painting but even during that time terrace was left untouched. In the past on two occasions I observed the leakages and brought to the notice of the managing committee. But except promises they did nothing. I have got the terrace quoted with chemical solution twice and that has proved to be the best solution as no leakage was found from terrace. The last time I carried the job was almost 4 years ago and again I am after the committee to carry out a similar process. As expected I am getting the verbal answer that if there is leakage then only the committee will look into the matter.

The society had a similar conflict with my neighbor who faced a much larger and visible leakage problem, but instead of solving the same, it went into the conflict but finally agreed to carry out the repairs. Again instead of spending from society funds, they made service provider, who was the reason for leakage (Reliance Cell Tower) carry out the job.

What steps I can take to bring the committee members back to their senses? I have no dues and have been co-operating in all the society related matters including putting up an overheat tank for boring water.

I C Naik

As your housing society was registered prior to 2 7 2001(date on which Model bye-laws 2001 was released (by the Commissioner for Cooperation and Registrar of Cooperative Societies)  for housing societies registered after that date, your housing society’ bye-laws correspond to Model 1984. (you can inspect it free in the society office as provided u/s 32(1) of the M C S Act 1960 and also a right given to you under bye-law No. 25 : A member shall have the right to inspect free of cost books, registers, documents, etc. as provided in section 32(1) of the Act and get copies of the documents as provided under Section 32(2) of the Act, on payment of  the fees prescribed under the bye-law No. 171.

You should find a list of leakages to be carried out by the society at its costs. This bye-law is extracted below. Please do reconfirm it before moving further.

158.      The following repairs and maintenance of the property of the society shall be carriedout by the society at its cost:

(i)    all internal roads, (ii) compound walls, (iii) external water pipe lines, (iv) water pumps, (v) water storage tanks, (vi) drainage lines, (vii) septic tanks, (viii) stair-cases, (ix) terrace and parapet walls, (x) roofs of flats, (xi) stair-case lights, (xii) street lights, (xiii) outside walls of the building/buildings (xiv) all leakages of water, (xv) electric lines up to main switches in the flats, (xvi) lifts, (xvii) roofs of the flats and the damaged ceiling and plaster their on in the top floor. Flats on Account of the leakage of the rain water through the terrace.

Housing society not attending to repairs as per bye-laws is a pet subject of District Consumer Forum [ There are many cases but one example can be studied on  http://www.indiancooperative.com/nchf-2/chs-ubiquitous-issue-of-leaking-bathroom/  ]

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