If a home is rented, the housing society cannot avoid its obligations: SCDRC of Maharashtra.

MUMBAI: The state consumer commission ordered a housing society in Deonar to pay Rs 55,000 as reimbursement and perform repairs and water-proofing of two-row houses after observing that a housing society cannot shirk its responsibility for necessary maintenance just because the owners have given the house on rent.

The Maharashtra State Consumer Disputes Redressal Commission stated, “It is hereby declared that the opponent (society) has committed deficiency in service as well as an unfair trade practice.”

Additionally, it disproved the society’s assertion that the leak continued because the renters were watering the plants on the terrace. It was the responsibility of the society to make repairs and ensure adequate maintenance of the row dwellings held by the complainants, it stated, “Admittedly, complainants were members of the society.”

In 2017, Madhuban Cooperative Housing Society Ltd was the target of a complaint filed by Latika and Prakash Chanderkar of Worli. The district commission, however, dismissed their grievance in 2018. The state commission was then shifted as a result.

The complainants stated that they had bought two-row homes and were paying monthly service fees, including repair and maintenance fees, on a regular basis.

According to them, a significant leak was discovered in the ceiling above the bathroom, kitchen, toilet, and slabs of the first and first floors in March 2017. They gave notice to the housing society, which had waterproofed every other colony unit.

The complainants claimed that society failed to remedy their homes’ leaks and waterproofing. They claimed to have notified the society on March 2, 2017, but they never heard back. Although reminders were sent, nothing was done.

They claimed that failing to perform repairs while collecting maintenance fees amounted to both a defect in service and unfair business practices.

The housing society disputes the claim that it didn’t perform any repairs. Instead, it said that because there had been several complaints from members regarding the leak, a structural audit had been completed in December 2014, and repairs were in the works.