Housing societies can’t run away from work if house is on rent: Maharashtra SCDRC, ET Real Estate

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Mumbai: Given that a housing society Landlords cannot shirk their responsibility of essential maintenance just because they have given the house on rent, orders State Consumer Commission housing society 55,000 as compensation and repair and waterproofing of two row houses in Deonar.

The Maharashtra State Consumer Disputes Redressal Commission said, “It is declared that the opposite party (society) has indulged in unfair trade practices along with deficiency in service.”

It also rejected the society’s claim that the leakage was continuing as the tenants had kept plants on the terrace and were watering them. It added, “It is believed that the complainants were members of the society…It was the duty of the society to repair and also take care of the proper maintenance of the row houses owned by the complainants.”

Worli residents Latika and Prakash Chandrakar had approached the District Consumer Commission against this Madhuban Cooperative Housing Society Ltd. in 2017. However, the district commission rejected his complaint in 2018. Thereafter, he turned to the State Commission.

The complainants said that they had bought two row houses and were making regular monthly payments service taxincluding repairs maintenance fee, They contended that in March 2017, they noticed a huge leak in the kitchen, bathroom, toilet and ceiling above the slab on the first and second floors. He informed the housing society which had taken up the work of waterproofing all other units in the colony. The complainants allege that the society did not fix leakages and waterproofing in their houses. He said that he had sent a notice to the society on March 2, 2017, but did not receive any response. Reminder sent, but no action taken.

It is alleged that repairs were not done even after taking maintenance fee Deficiency in service as well as amounts to unfair trade practice. The housing society denied that it had not carried out any repairs. On the contrary, it took a stand that since there were several complaints from members about the leak, it had carried out a structural audit in December 2014 and repairs were underway.

  • Published on May 7th, 2023 at 04:18 pm IST

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