Leakage through drainage pipe Leakage through drainage pipe

8 months ago

I showcased the issue to society about a month ago but they took their own time to repair the drainage pipe which was the cause of leakage in my flat. Now my entire ceiling is damaged. Is there a law where I claime for the damage?

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client,
When you brought the matter of leakage of water to the Society, they are dutybound to attend the complaint of the resident member of the Society. On receipt of common monthly maintenance charges from the resident member of the Society, the status of a registered Society becomes a service provider as defined u/s.2(37)(ii) of the Consumer Protection Act, 2019 and the member of the society is termed as consumer as defined u/s.2(7)(ii) of the said Act. Thus when the Society did not take any action or render any service for repairing the water leakage, it is amounted to dereliction or deficiency in service on the part of the Society. So, in the prevailing situation, you need to address the complaint before the Registrar of the Society and in case the complaint is not resolved, then file a complaint against the Society u/s. 35 of the CPA, 2019 before the Dist. Consumer Commission for alleged deficiency in service claiming compensation for harassment.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 8 months ago

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A.Dear client,
This defect in roof top, has to be repaired by the Society at its expenses. If society is not repairing the roof top of its building, to make it leak proof, then under the Bye-law No. 174(B)(iii), affected flat owner can make a complaint against the Society to Co-operative Court.
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