Housing society at fault if flats not maintained, rules HC

[REJIMON C K]

This is WARNING ! for management as many socities management IGNORE the vital maintenance of Society Apartment outer structures etc...

 

Hope we learn from others mistakes...

 

Housing societies are responsible for maintaining their flats and are bound to compensate any person who is victim to their negligence, the Delhi High Court has ruled.

Noting that a housing society cannot shun its responsibility by arguing that its duty of care is confined to the common areas and not to individual flats, the court said the society must carry out all the required repair work in the buildings or ensure that it is done by the residents whose house may be in a state of disrepair.

The court held this, as it ordered Rohini-based Oriental Co-operative Group Housing society to shell out Rs 15 lakh, along with a nine per cent interest, to the parents of a 20-year-old man who died after a part of a balcony fell on him.

Kapil, a third-year student with the Delhi College of Engineering, was crushed under the debris after a concrete slab along the edge of the balcony that collapsed on July 24, 2005, while he was returning home.

Kapil’s father Dina Nath Arora and mother Usha subsequently filed a case and named the society, the lieutenant governor, the MCD and the registrar of co-operative societies, as parties. Their petition further arrayed the construction company, the architect and also the owner of the flat as parties to the case.

Claiming Rs 1 crore in damages, the petition alleged that all the authorities had failed in carrying out their duties of supervision, which resulted in the tragedy. Also blaming sub-standard materials used in constructing the flats, the petition said Kapil was an engineering student and his salary, along with future prospects, must be considered while computing the damages.

Seeking to wriggle out of the liability, the society argued that it could not be made responsible for the fault of an individual flat owner. It contended that the members paid a monthly maintenance fee of Rs 600, which was utilised for upkeep of only the common areas.

A single-judge bench, however, held the society liable for the incident and asked it to pay Rs 15 lakh in compensation. Aggrieved, the society challenged this order before a division bench, claiming it was erroneous to fasten a liability on the society only because it charged a maintenance fee from its members.

The bench, headed by Justice Pradeep Nandarajog, upheld that the society would be responsible for the inferior quality construction of the flats and also for the maintenance and upkeep of the flats.

Dismissing the society’s appeal, the court said it was “obvious” that either the structural reinforcement was weak or material mixture used in construction was sub-standard. Had it not been the case, the structure, which was intended to last for at least 50 years, would not have collapsed within 17 years of its construction, the court observed.

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REJIMON C K.

Sent over wireless Network ... Google Nexus Phone.

 

[Mahendra Kumar Gupta]

The HC decision is silent about meeting the expenses in the maintenance of individual flat in such circumstances as other members of the co-operative society will naturally be unwilling to share the expenses of a flat owned by someone else.  But, simultaneously, if the same is not maintained, it will be hazardous for residents and for the whole tower.

 

How the Society will recover the expenses from the irresponsible or careless owner?  What if the owner has died and flat is in dispute among his heirs? Hope, in the appeal decision, if any appeal is filed by the Group Housing Society, these and other issues will be made clear.

 

However, this is an important issue now-a-days as the co-operative societies are coming in big number in metro and other big cities.

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[Anil Rajput]

I think the original construction is done by the Society

any alterations afterwards are to be under the supervision

of the society by their approval and not the expenses incurred

by the flat owner taking care of common interest of flat owners

 

Anil Rajput 

[swa...@gmail.com]

What if a member alters the interirs of his flat? Like constructng toilets in the balcony? Rgds

Sent from BlackBerry® on Airtel

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From: "Anil Rajput" <anilr...@promarktravels.com>

Sender: dwarka-r...@googlegroups.com

Date: Wed, 7 Dec 2011 11:34:04 +0530

To: <dwarka-r...@googlegroups.com>

ReplyTo: dwarka-r...@googlegroups.com

[REJIMON C K]

This is what your society deemed to do:

 

Provided that if due to internal change or damage there is any seepage or structural defect in another flat, the affected member/occupant may make a representation to committee, which shall carryout inspection of the flat within fifteen days and if it comes to the conclusion that the representation is correct, the committee shall advise the concerned member to take corrective steps immediately and if no action is taken within seven days, the committee shall initiate action for getting the defects removed if necessary by taking police assistance for it and approach the Registrar for the recovery of amount incurred thereon as arrears of the land revenue from the member, who had carried out internal changes which has caused harm to another flat

 

 

102. Maintenance of essential services in a cooperative housing society-

(1) The Committee shall be responsible for maintaining the following essential services in the housing complex on regular basis, namely:-

(a) Electricity supply;

(b) Water supply and sewerage;

(c) Garbage disposal;.

(d) Running of lifts, borewell, Genset, Water Harvesting system and maintenance of green areas;

(e) Security services;

(f) Availability of plumber, electrician and Mali etc., for day to day services for all occupants;

(g) Availability of fire safety equipments/systems in running condition;

(h) Round the clock hours emergency response and staffing; and

(i) Other services as may be specified by the General body;

(5) (a) Various items of the repairs, and maintenance which are to be carried out by the

Co-operative housing societies from its funds are mainly as under:

(i) Internal roads;

(ii) Compound wall;

(iii) External water pipe lines;

(iv) Water pumps;

68

(v) Water storage tanks;

(vi) Drainage lines;

(vii) Septic tank (where in use);

(viii) Staircases;

(ix) Fire fighting system;

(x) Structural repairs of roofs of all flats;

(xi) Outside walls/exterior of the building(s);

(xii) All leakages of water including leakage due to rain water and leakages due to external

common pipe line and drainage line;

(xiii) Electric lines upto main switches in the flats and lightning of common areas;

(xiv) Lifts;

(xv) Damaged ceiling and plaster thereon in the top floors, on account of the leakage of

the rain water through the terrace;

(xvi) Maintenance of parks and mandatory green areas;

(xvii) Facilities for household garbage collection in segregated form;

(xviii) Telephone exchange and telephone wires upto flats;

(xix) Security guard room;

(xx) Common Parking and garages;

(xxi) Power back up or Genset; and

(xxii) Any other common property/space/facility/service as prescribed by the General Body;

 

 

[Anil Rajput]

No flat owner is allowed to change the

original plan . It is an offence and society

should not allow such alteration, if it is done

matter is to be reported to RCS and DDA for

action against the flat owner.

one is permitted for temporary structure only

with no changes to the main structure.

 

Anil Rajput 

[rajeev gmail]

Generally you can’t alter at all as the plans are passed by DDA.

Any changes I feel will be illegal ,but let the experts give their comments

 

Rajeev

[Sitaram]

the most significant aspect in the judgement missed out is the plea of the society management

 

with rs 600 as the maintenance fee, if it is for all expenses, the society management cannot just maintain the building, even if it has good intentions

 

in most of the societies, members want the best with virtually no payment

 

the best of efforts to secure the finances by making provisions for building maintenance fund or replacement fund or such reserves are met with stiff resistance. the common refrain is that such and such society MC is only charging X amount and then why should our society MC be charging so much. ask them the state of the society, to avoid current expenditure, they are prepared to sacrifice. But, when a disaster happens, the very same persons would rush to hang the MC members

 

the refrain then would be, DID WE REFUSE, NOBODY ASKED US

 

we need to give maximum publicity to this judgement so that all the members know and realise their responsibility towards proper maintenance.

 

also the efforts should be to educate members not to tamper with structure of the building and stay within laws

 

sitaram

 

 

From: rajeev gmail <rajee...@gmail.com>
To: dwarka-r...@googlegroups.com
Sent: Wednesday, 7 December 2011 12:32 PM
Subject: RE: [DWARKA FORUM] Housing society at fault if flats not maintained, rules HC

Generally you can’t alter at all as the plans are passed by DDA.

Any changes I feel will be illegal ,but let the experts give their comments

 

Rajeev

 

 

From: dwarka-r...@googlegroups.com [mailto:dwarka-r...@googlegroups.com] On Behalf Of swa...@gmail.com
Sent: 07 December 2011 11:58
To: dwarka-r...@googlegroups.com
Subject: Re: [DWARKA FORUM] Housing society at fault if flats not maintained, rules HC

 

What if a member alters the interirs of his flat? Like constructng toilets in the balcony? Rgds

Sent from BlackBerry® on Airtel

[Prem Bihari Mishra]

I agree with Mr. Anil Rajput, it is lack on the part of the society if they keep their eyes closed on any unauthorized modification in the flats.

Secondly as per RCS Act &Rules, the societies are bound to maintain corpus of Maintenance Fund for major maintenance and replairs (in addition to monthly maintenance charges of common facilities) and a Building Replacement Fund for future. The Building replacement fund is maintained  after five years of the inception of the society.

-----------P.B. MISHRA, SUKH DUKH KE SATHI SANSTHA

[pn gupta]

What do the members do if all sorts of illegal and unlawful

modifiactions are carried out by the members of the

managing committee for personal gains and the concerned

authorities donot act when reported, for reasons which

are obvious.

P.N.Gupta

From: Prem Bihari Mishra <pbmish...@gmail.com>
To: dwarka-r...@googlegroups.com
Sent: Thursday, 8 December 2011 9:56 AM
Subject: Re: [DWARKA FORUM] Housing society at fault if flats not maintained, rules HC

I agree with Mr. Anil Rajput, it is lack on the part of the society if they keep their eyes closed on any unauthorized modification in the flats.

Secondly as per RCS Act &Rules, the societies are bound to maintain corpus of Maintenance Fund for major maintenance and replairs (in addition to monthly maintenance charges of common facilities) and a Building Replacement Fund for future. The Building replacement fund is maintained  after five years of the inception of the society.

-----------P.B. MISHRA, SUKH DUKH KE SATHI SANSTHA

On Wed, Dec 7, 2011 at 12:15 PM, Anil Rajput <anilr...@promarktravels.com> wrote:

No flat owner is allowed to change the

original plan . It is an offence and society

should not allow such alteration, if it is done

matter is to be reported to RCS and DDA for

action against the flat owner.

one is permitted for temporary structure only

with no changes to the main structure.

 

Anil Rajput 

 

 

From: swa...@gmail.com

Sent: Wednesday, December 07, 2011 11:57 AM

To: dwarka-r...@googlegroups.com

Subject: Re: [DWARKA FORUM] Housing society at fault if flats not maintained, rules HC

 

What if a member alters the interirs of his flat? Like constructng toilets in the balcony? Rgds

Sent from BlackBerry® on Airtel

[Anil Rajput]

Cooperative society is a  property owned by each of

the member and no one can escape from his/her responsibility

If some one is doing wrong why the others be a mute spectators

people feel may be it will spoil our relations but they forget that

a violator has already spoiled his/her relations by not caring about

the cooperative sprit. Being in MC or not is not a privilege to

do something wrong.

Anil Rajput 

[rajeev gmail]

Rather being a MC he should set an example by not doing something wrong.

 

Rajeev