COURT DECISIONS
(I) Society must pay for repairs of leaky roof: HC
PTI / Sunday, July 23, 200620:41 IST
MUMBAI: The Bombay High Court, in a recent decision, has held that a co-operative society is responsible for repairs of a leaking roof.
Justice BH Marlapalle, in his decision last month, ordered Humble Home Cooperative Housing Society in Bandra to reimburse Rs 8,458 -- cost of roof repair -- to Sham Balani, a flat owner.
The case dated back to 1990, when Balani, who had to repair the roof of his top floor flat as it was leaking, demanded that society reimburse the expenses as per the Maharashtra Cooperative Societies Act, 1960.
The issue became a little tricky, as the terrace above Balani's flat was owned by another flat owner as a private terrace.
In a suit before the Co-operative Court, Balani pleaded that according to principles governing cooperative housing society, even the private terrace belonging to one of the flat owners was the property of the society, hence the society was responsible for its repairs.
The Cooperative Court upheld this argument, and directed the society, to bear expenses for repair of terrace, which was a part of roof of Balani's flat.
However, the society challenged the ruling in the Bombay High Court.
But the high court, while confirming that society will have to bear repairing expenses for leaking roof, observed that a private terrace was not society's property.
Further, the high court held, it was not necessary to decide whether such a terrace was society's property in this case.
Bylaws framed by the state government for housing societies -- under the Maharashtra Cooperative Societies Act -- clearly say that maintenance and repairs of roof of a flat is society's responsibility, the court ruled.
(II) Leaking Terrace : Society to pay flat owner`3 lakh
Here’s good news for flat owners on top floors plagued by the indifference of their housing societies to leaking terraces. An Andheri (E) housing society was recently ordered to pay Rs3.35 lakh to one of its members, Suresh Kumar, whose top-floor flat had been badly damaged due to the seepage.
The Mumbai Suburban District Consumer Disputes Redressal Forum has decided that the money will go towards repairing Kumar’s flat and plugging the leakage on the terrace of Shreeji Kripa co-operative housing society. Kumar will get Rs 10,000 of the amount as compensation for mental agony caused due to the leaky terrace.
Kumar, according to the complaint filed with the forum, had written many letters to the managing committee of the housing society about the damage to the walls and ceiling of his flat. In July 2006, the society had passed a resolution to get the terrace repaired. When nothing was done even three years later, Kumar moved the consumer forum in March 2009. He demanded Rs 3.35 lakh, as quoted by his architect for the repairs to the terrace and his flat. He also demanded Rs 5 lakh for mental agony.
Kumar produced letters between him and the housing society from 2004, and photographs to show the damage to his flat. Based on this, the forum bench comprising its president JL Deshpande and member VG Joshi, concluded that the flat was badly damaged and immediate repair work was required.
The society has the option of getting the repair work done itself, but will have to complete it within two months from the date of the order and to the satisfaction of a certified engineer or an architect.
CONSUMER Disputes, Consumer Forum, housing societies, seepage, Shreeji Kripa co-operative housing society, Suresh Kumar