Consumer protection act 1986
Natasha Prakash Bankeshwar
(Querist) 21 March 2015
This query is : Resolved
Respected Sirs,
Am a member of a Co-op. Hsg. Society at Mumbai and have submitted a complaint application dated 17.08.2013 under bye-law 173 to the Secretary about internal and external leakages in my flat and non maintenance of the Society's property. The Committee neither took any decision nor communicated its decision on the said complaint application. Severe damage was caused to my flat due to the said leakages as the Secretary and the Committee did not exercise the powers and discharge the duties and functions as laid down under the Bye-Laws and neglected and failed to carry out the repairs and maintenance of the Society's property and maintain its quality in good condition. Later, I was told that the necessary repairs were carried out by the concerned members holding the flats above my flat and that the said internal leakages had been stopped and that necessary repairs of external walls of my flat to stop external leakages due to rain water would also be carried out before the commencement of monsoons and that I could, therefore, carry out internal repairs (major) in my flat. Thus, I carried out the repairs incurring heavy expenditure of Rs. 136500/- towards rectification of the said damage. I have the Contractor's Bill cum Cash Receipt (on his letterhead) in support of the said amount spent by me.
Shockingly and unfortunately, internal leakages and severe dripping of water were again found in my Flat within a week from the date of completion of the repairs / renovation work. Thus, the said internal leakages and dripping of water continue to cause damage to my newly repaired / renovated Flat. The Committee, in fact, gave me false information and false assurance that necessary repairs to stop the internal leakages in my flat had been carried out. I continue to suffer mental agony.
My queries are as follows:
(1) Am I entitled to claim compensation for damage caused to my flat? If so, what amount could I claim?
(2) Apart from above compensation, whether I can claim compensation for mental agony and deprivation caused to me due to undue financial loss, hardships, inconvenience and nuisance on account of deficiency in service by the Society? If so, what amount could I claim?
(3) In order to prevent any further damage to my newly repaired / renovated flat, am I entitled to any ad-interim or interim relief under the C.P.A. 1986 in the facts and circumstances of the case? If so, what relief could I claim?
(4) What interim relief should I seek to rectify the present deficiency in service (To carry out repairs and rectify defects or deficiency in the building in order to stop / plug leakages immediately?
(5) Whether I am entitled to claim costs of the litigation / complaint?
Thanking you,
Warm regards,
Natasha Prakash Bankeshwar
Devajyoti Barman
(Expert) 21 March 2015
1. You have to calculate on tangible and intangible loss and damages.
2.Yes, you can.
3.No, you can if you can show that deficiency is continuing.
4.yes, you are.
ajay sethi
(Expert) 22 March 2015
agree with mr barman
Natasha Prakash Bankeshwar
(Querist) 22 March 2015
Thanks Mr. Barman, Mr. Goyal and Mr. Sethi for your expert opinion.
If I have understood it correctly, tangible loss and damages would have to be calculated to claim compensation for damage caused to my Flat and intangible loss and damages to claim compensation for mental agony. Kindly correct me if I am wrong.
As regards your opinion, regarding seeking ad-interim or interim relief, that I should be able to show that the deficiency is continuing, is it OK if I am able to show and establish that the internal leakages and dripping of water continue to exist in my flat and continue to cause damage to my Flat and that the Managing Committee / Society is not exercising the powers and performing / discharging the functions and duties as laid down under the bye-laws in spite of my written complaint.
I completed my internal major repair work on or about 31.01.2015. The continuance of the said internal leakages and dripping of water were noticed on 08.02.2015 and written complaint about the continuance of the said internal leakages and dripping of water was submitted on 27.02.2015, calling upon the Society / Committee to carry out the necessary repairs immediately. Should I take pictures or do a video recording to show the existing leakages and dripping of water and the consequent damage that is being caused to my Flat.
Kindly correct me and guide me. I am getting desperate as we are suffering from a lot of mental trauma apart from the financial loss.I shall be very grateful to you all.
Thanking you,
Warm regards,
Natasha P. Bankeshwar
Dr J C Vashista
(Expert) 23 March 2015
I agree with experts, nothing more to add.
Guest
(Expert) 23 March 2015
Well advised.
