State Consumer Disputes Redressal Commission
Al Aman Co-Operative Housing Society ... vs Mr. Shaikh Ismail Abdul Latif on 29 August, 2017
1 [A/16/20]
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
MAHARASHTRA, MUMBAI
FIRST APPEAL NO.FA/16/20
[Arisen out of Order dated 14/10/2015 passed by Ld.Raigad District Forum,
Mumbai Suburban District in Consumer Complaint No.281 of 2013]
Al-Aman Co-operative Housing Society Ltd.
Plot No.7, Oshiwara Garden Road
Chawl, Amrut Nagar,
Jogeshwari (W),
Mumbai 400102. Appellant(s)
Versus
Mr.Shaikh Ismail Abdul Latif
Flat No.C/311, C Wing,
Al Aman CHS Ltd.
Plot No.7, Oshiwara Garden Road
Chawl, Amrut Nagar,
Jogeshwari (W),
Mumbai 400102. Respondent(s)
BEFORE:
Hon'ble Mr.Justice A.P.Bhangale, President
Hon'ble Mr. A.K.Zade, Member
PRESENT:
For the Appellant(s) : Advocate Shri.H.V.Shekhawat
For the Respondent(s) : In person
ORDER
Per: Hon'ble Mr. Justice A.P.Bhangale, President
[1] By this order Judgment and Award dated 14/10/2015 passed by Ld. Mumbai Suburban District Consumer Disputes Redressal Forum in consumer complaint No.281 of 2013, is under challenge. It appears that the complainant had made a grievance that he is occupant of Flat No.C-311 paying maintenance regularly. According to him the upper floor flats 408 and 409 owned by Fayyaz Ahmed Choudhary were misused as family of Shri.Choudhary is washing their clothes on the terrace. Consequently, 2 [A/16/20] terrace and walls developed cracks and water started percolating resulting into losses to the complainant's furniture and household articles. Complainant time and again had requested the society to repair the walls and the leakages and to proceed against Shri.Choudhary for misuse of the flat in their occupation. However, Society failed to maintain the building in habitable condition for want of repairs to the terrace and the walls. Structural Engineer M/s. Con Arch India had inspected the building and estimated repair cost at Rs.1,96,284/-. However, thereafter also the ignorance to the grievances of the complainant continued, which led to the complaint proceeding for claiming compensation for the losses to the furniture in the flat of the complainant for mental and physical harassment and litigation costs.
[2] Ld.Advocate for the appellant invited our attention to the Minutes of the Meeting held in the Society. It is pleaded that complainant was present in those meetings and at the time of the Minutes in the Meeting no grievance was noted on made. We also find that complainant has moved Dy. Registrar of Co.Operative Society K/West Ward, Mumbai with his grievances and he was informed by the Dy. Registrar on the inspection and order passed by the Dy. Registrar Shri.Pratap Patil on 11/7/2017 whereby Shri. Pratap Patil had appointed approved auditor Shri.Rajendra Nikam to hold election for managing committee of society and to hand over the charge to the newly elected managing committee of the society. This order was passed on 11/7/2017. We are informed that the process is in progress and the present appellant Committee have no right to prosecute the appeal as newly elected Managing Committee is expected to be elected and to take over management of the Co-operative Housing Society- M/s Al-Aman C.H.S. Ltd. We are informed that sum of Rs.1,00,000/- is deposited by the Co-operative 3 [A/16/20] Housing Society. towards compliance of the order passed by the Ld.District Forum during pendency of the appeal. If amount is so deposited during pendency of the appeal, the newly elected Managing Committee or until then the approved auditor shall be at liberty to appropriate the said amount towards repairs of the complainant's flat, terrace of the complainant's flat and walls. Newly appointed Managing Committee will also ensure that after collecting contribution from various flat occupants and owners, the amount be used and utilized for maintaining the building of the society in habitable condition.
[3] Since it is the duty of the Co-operative Housing Society to look after the management in a just and proper manner and to utilize the contributions towards maintenance of the building in just and proper manner for to maintain the building in good habitable condition, we do not find any ground to interfere with the impugned Award. The amount deposited by the society therefore be utilized to satisfy the impugned Award and the amount shall be appropriated accordingly. We, therefore, dismiss the appeal imposing the costs of appeal in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) upon the society to be paid to the respondent/complainant.
Certified copy of this order be supplied to both the parties free of cost.
Pronounced on 29th August, 2017 [JUSTICE A.P.BHANGALE] PRESIDENT [A.K.ZADE] MEMBER rsc