Q. After self-redevelopment by our society, problems like water seepage/leakage and quality issues have arisen. Hence, I have not paid maintenance for the last two quarters. My claim is for Rs5 lakh, can I continue to hold maintenance charges? Vinod Jawade, Santacruz
A. Every member is required to pay the amount mentioned in the bill within the time period fixed by the managing committee. You cannot withhold the maintenance charges as there is a provision for penal interest of up to 21% in the bylaw 71 for non-payment of dues. The committee can initiate the process of recovery in accordance with section 154B29 of the Maharashtra Cooperative Societies (MCS) Act.
If you have any complaint with regard to the quality of work, you should file a written complaint with the committee. It is the society's responsibility to carry out repairs at its own cost for the common areas and facilities. The committee may take up the issue with the general body as problems like water seepage/leakage and quality impacts all members. It is advisable to ask the committee to escalate the matter to the contractor. As per bylaws, your society can initiate action against the contractor in the civil court for non-compliance of the terms and conditions of the agreement and also for substandard construction. However, in my opinion, the society may consider filing a complaint with the appropriate consumer commission.
With regards your claim of `5 lakh, I hope you have written to the committee and also submitted the quotation of the work before undergoing any repairs. If this has not worked in your favour, you can file a complaint against the society before the cooperative court.
Q. What is the recourse for the managing committee if a member does not abide by the rules adopted during the general body meeting? For instance, potted plants continue to be placed on the window by a member, which defaces the façade of the building. Can the committee recover the costs from the member to mend the defaced portion? What action can be taken if the person refuses to pay? D K Giri, Vashi
A. The decisions taken at the general body meeting are binding on all members. Anyone who violates the same will be liable for the penal action as per the society bylaws. In case, your society has approved a policy to restrict members from placing potted plants in their balcony or the window, the same should be followed. The society can levy a penalty for non-compliance of the policy. The general body is empowered to frame the penalty amount, which should reflect in the bill. It is necessary that the member be given due notice of the committee's intention to levy a penalty. The society can initiate action against the member if the dues remain unpaid for three months from the date of the demand.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to mpanchayat@gmail.com
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