The Maharashtra State Consumer Disputes Redressal Commission has ordered a housing society in Deonar to pay Rs 55,000 as compensation and carry out repairs and water-proofing of two row houses owned by residents who had been regularly paying monthly service charges. The society had failed to fix the leakage and waterproofing of the houses, despite carrying out waterproofing of all the other units in the colony. The commission observed that a housing society cannot shirk its responsibility of necessary maintenance only because the owners have given the house on rent.
The Maharashtra State Consumer Disputes Redressal Commission has ordered a housing society in Deonar to pay Rs 55,000 as compensation and carry out repairs and water-proofing of two row houses. The commission observed that a housing society cannot shirk its responsibility of necessary maintenance only because the owners have given the house on rent.
The case was filed by Latika and Prakash Chanderkar, residents of Worli, against Madhuban CoOperative Housing Society Ltd in 2017. They alleged that the society didn't fix the leakage and waterproofing of their houses despite carrying out waterproofing of all the other units in the colony. The complainants had purchased two row houses and had been regularly paying monthly service charges, including repair and maintenance charges.
In March 2017, they noticed major leakage in the ceiling above the kitchen, bathroom, toilet, and slabs of the first and second floors. They informed the housing society, but they did not receive a reply. They sent reminders, but no action was taken. The complainants alleged that by not carrying out repairs in spite of taking maintenance charges, the society had committed a deficiency in service as well as an unfair trade practice.
The district consumer commission rejected their complaint in 2018. However, the Chanderkars moved the state commission, which declared that the society had committed deficiency in service as well as an unfair trade practice. The commission also refuted the society's claim that the leakage persisted as the tenants had kept plants on the terrace and were watering them. The commission noted that the complainants were members of the society and that it was the duty of the society to carry out repairs and also to take care of proper maintenance of the row houses owned by the complainants.
The housing society denied that it had not carried out any repairs. On the contrary, it took a stand that since there were many complaints from members about the leakage, it had carried out a structural audit in December 2014 and repairs were in progress. However, the commission said, "We have carefully gone through the letters sent by the complainant to the opponent [society] from time to time as well as other documents and we find considerable force in the contention advanced by the appellants (complainants)."
The case highlights the importance of timely maintenance and repair of housing societies. The responsibility for the upkeep of the common areas and the building structure lies with the society. The members of the society pay monthly maintenance charges for this purpose. Failure to carry out necessary maintenance can lead to serious problems such as water leakage, seepage, cracks, and other structural defects. These can cause inconvenience to the occupants and can also pose a risk to their safety.
The ruling of the Maharashtra State Consumer Disputes Redressal Commission is a reminder to housing societies to fulfil their responsibilities towards their members. The society cannot avoid its obligation to carry out necessary repairs and maintenance by claiming that the occupants have given the house on rent. The society is duty-bound to ensure that the buildings under its care are maintained in good condition.
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