Chandrakanth Acharya
There was some leakage problem in the building from upper floor. I am staying at 1st Floor. I approached society to look into the matter. Instead of solving the problem they told me to approach builder because the leakage was earlier before forming the society and they did not show any interest or help to me.
Later I approached consumer court and sent notice to builder, society and the person staying on 2nd floor. In consumer court builder agreed for comprise and gave some money for the damage. Now after that society started to harass me to give part my money with them because they also spent money in appointing lawyer for them.
When I said NO they sent me the bill for Rs.15,000/- in the maintenance bill as recovery charges. Please advise me whether I have to pay the amount or I can approach registrar of co-op society.
I C Naik
Whether the Compromise was taken on record by the Consumer Forum?
If not you should again approach the Consumer Forum against the Society for not having attended to the leakage. There is a judgment exactly on same facts. see the extract below:
Hsg society to pay for ignoring damage to flat
7 1 2014 – Rebecca Samervel TNN
Mumbai: Defining housing societies as service providers, a consumer forum has ordered one in Chembur to pay almost Rs 1 lakh in compensation to a member for the damage caused to his flat by renovation in the flat above.
The forum held the society guilty of deficiency in service because neither did it take any action against the flat owner who caused the damage nor did it make any attempt to recover costs from him. “There is no doubt that since the complainant was a member of the society, he was its consumer and the society was a service provider. It is responsible to pay the complainant,” the forum said.
You need not pay as Maintenance Dues because society was deficient in service and to defend its own wrong it spent money, which it ought not if the Committee was sure of Builder’s fault. In the end Consumer forum should order the Committee members to bear this cost as it was spent without exercising due care.