Mumbai Housing Society Queries: File Leakage Complaint With Co-Op Court, Says Expert

The developer shared 13 flats in the society with the erstwhile landowner in accordance with the development agreement. Conveyance deed was executed in favour of the society. The erstwhile landlord has given all the flats on leave and licence basis. However, he is not paying the society maintenance charges in respect of these 13 flats. How can we recover this amount?

KG John, CBD Belapur

All members of the society are required to pay the maintenance charges towards the common expenses, water tax, etc. The erstwhile landowner has received consideration in terms of the 13 flats for the land given for development. His status is that of a member and not of the landowner any more. As such he is liable to pay maintenance charges, including non-occupancy charges as the flats have been given on leave and licence. The society should send him a notice asking him to make the payment, giving reasonable time. The society can declare him as a defaulter if he fails to pay within three months from the date of service of bill or notice or due date of payment, whichever is later. Your society may consider resolving the issue amicably by way of Alternate Dispute Resolution (ADR) mechanism through arbitration / conciliation / mediation, etc. You may refer your complaint to SAMET, a conciliation and mediation centre of Mumbai Grahak Panchayat or any other ADR centre. The society may file a complaint with the registrar for recovery of dues. On receipt of application from the society, the registrar after making such inquiries, if they deems fit, may grant a certificate for the recovery of the dues in accordance with Maharashtra Land Revenue Code, 1966. The registrar may issue such a certificate suo motu on being satisfied that the society has failed to take action in such a case. Such certificate shall be final and conclusive proof of the arrears stated to be due and the same shall be recoverable as arrears of land revenue. Such a certificate shall not be questioned in any court. The collector and the registrar shall take necessary steps to ensure the dues are received by your society together with interest and any incidental charges.

There is leakage in my house from the top floor flat. I have asked them to get the leakage repaired as I have to bear the damage. I also filed a complaint with the society. I was constrained to complain to the registrar as no action had been taken by either party. Instead of asking the neighbour to carry out the waterproofing work, the registrar issued a notice under Section 89A for inspection? How will my problem be solved with this inspection?

Shilpa Jadeja, Dahisar

At the outset you were required to file a complaint with the cooperative court for the internal leakage as per the bye laws. Section 89A pertains to the power of the registrar to inspect the working of the society to ensure that the provisions of the MCS Act, Rules and Bye Laws are being followed properly and overall to ensure that the business of the society is being run on sound business principles, in a professional manner. The registrar has the power to inspect the records and books of accounts and summon any officer or employee in whose custody the records are available. If the registrar concludes their finding and passes appropriate order including appointment of a committee, authorised official / administrator to run the day-to-day affairs of the society.

My top floor neighbour refurbished his flat causing damage to my flat and belongings. The ceiling of my flat got some cracks and the chandelier is broken. I have complained to the society, but it is not helping me recover the damage.

Satish Sadavarte, Mulund

The society has a limited role to play in the disputes related to internal leakages and repairs between the members. However, your society can request your neighbour to resolve the issues amicably and settle your claim. The society may request your neighbour to carry out an inspection of your flat to check the damage and fix the same. Both of you may decide upon the expenditure on the repair. Alternatively your neighbour can engage his workmen to get your ceiling repaired at his own cost. In case your neighbour does not cooperate, you may file a complaint with the cooperative court as a last resort.

The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.

The questions, in brief, may be sent to fpjchs@gmail.com

Published on: Monday, July 10, 2023, 10:58 AM IST