State Consumer Disputes Redressal Commission
Mr.Hemant Vasant Kelshikar,Member Of ... vs Ramaniya Chs.Ltd.Through Its ... on 9 September, 2019
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
MAHARASHTRA, MUMBAI
Appeal No.A/17/1399
Mr.Hemant Vasant Kelshikar
Member of Ramaniya Co-operative
Housing Society Ltd.
'Vrindavan', Tambe Nagar
S.N.Road, Mulund (W)
Mumbai 400 080 ..... Appellant
Versus
Ramaniya Co-operative
Housing Society Ltd.
Secretary having address at
B-13, 'Vrindavan', Tambe Nagar
S.N.Road, Mulund (W)
Mumbai 400 080 .......Respondent
BEFORE: Justice A.P.Bhangale, President
Usha S.Thakare, Judicial Member
PRESENT: Appellant is present in person.
Ms.Samiksha Kamble-Advocate with authority letter
i/b.M/s.Patil Gangarkar & Co. for opponent
ORAL ORDER
Per Hon'ble Justice A.P.Bhangale, President
By this appeal validity and legality of impugned order dated 10/07/2017 passed by the Learned Additional District Consumer Disputes Redressal Forum, Mumbai Suburban passed in consumer complaint no.75/2016 is under challenge. It appears that learned District Forum has ordered opponent- Ramaniya Co-operative Housing Society to rectify the leakage within two months in respect of the flat in occupation of the complainant. Complainant was 1 also granted an opportunity to repair and claim the amount from the society. Thus, there was conditional order that in case society do not rectify the leakage within permissible time of two months, it was for the complainant to do the same and recover the amount from the society.
We do not find anything unreasonable or improper in the impugned order as it is a fact of common knowledge that when building was constructed long back and is under administration and control of the Co-operative Housing Society and whenever there is complaint regarding leakage from the roof, it is for the Co-operative Housing Society concerned to undergo repair work in respect of the building so as to maintain the building in suitable condition and when such repairs are done or conducted, it is for the Co-operative Housing Society concerned to obtain certificate in respect of repairs done signed by Structural Engineer or Architect concerned, so that no such complaint shall remain against the Co-operative Housing Society. Needless to state that it was duty and obligation on the part of the society to maintain the building in its administration and control in properly habitable condition so that no harassment mentally or physically shall result to the flat occupants in the building. Of course, if there are internal repairs in respect of the flat, it is for the flat occupants concerned to get the same repaired with intimation to the society but when repairs are sought in respect of roof or structure of the building, it is for the Co-operative Housing Society to take emergent steps to repair the building roof, etc. to prevent leakages, seepage, etc. That being so, conditional order passed by the Learned District Forum is sustainable according to law.
According to appellant (original complainant), upper floor occupant has made changes such as repairs to toilet resulting into leakage, seepage through the walls and roof of the premises occupied by complainant. If that is so, it is for the appellant/complainant to bring this fact to the knowledge of the learned Executing Forum, who will execute the order passed against the Co-operative Housing Society concerned.
2According to learned Advocate for the respondent, society has carried out the repairs and is ready to show compliance of repairs to the learned Executing Forum. We permit the society to obtain such certificate, if any from the Structural Engineer or Architect concerned and to produce the same for the satisfaction of the learned Executing Forum. With this observation, we dispose of the appeal as dismissed. No order as to costs.
Pronounced on 09th September, 2019.
[Justice A.P.Bhangale] President [Usha S.Thakare] Judicial Member Ms. 3