Maintenance

Querist : Anonymous (Querist) 03 June 2021 This query is : Resolved
ONE OF MY RELATIVES STAYS IN HYDERABAD. HE HAS A FLAT IN THE SOCIETY IN MUMBAI WHICH IS VACANT. HE IS PAYING MAINTENANCE CHARGES TO THE SOCIETY REGULARLY BUT SOCIETY IS NOT PERFORMING ITS OBLIGINATION IN SPITE OF REQUESTS FOR THE LAST 3 YEARS.

PLEASE ADVICE WHERE COMPLAINT OF THE SOCIETY CAN BE MADE SO THAT EFFECTIVE ACTION IS TAKEN AGAINS THEM.

OR

HOW TO DEAL WITH THIS ISSUE AS MAINTENANCE PEOPLE WHO ARE RESPONSIBLE ARE NOT PAYING ATTENTION TO REQUESTS FOR PROPER MAINTENANCE INSPITE OF TAKING FULL MONTHLY MAINTENANCE CHARGES.

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Sankaranarayanan (Expert) 03 June 2021
What request been submitted before the management ? Give more clarity on your issues will be easiest to put our suggestions. if the byelaws insists that all the members are to be paid the maintenance charges irrespective of stay or away then you are also need to be accepted the same...

Querist : Anonymous (Querist) 03 June 2021
SIMPLE QUERY IS HOW ACTION CAN BE TAKEN AGAINST THE MAINTENANCE AGENCY WHICH IS NOT DOING PROPER MAINTENANCE INSPITE OF REQUESTS BY THE FLAT OWNER WHO IS VERY REGULAR IN PAYING MONTHLY AND OTHER MAINTENANCE CHARGES.

WHOM AND WHERE COMPLAINT CAN BE MADE

Sankaranarayanan (Expert) 03 June 2021
Then you have to file a case before the Consumer forum.

Querist : Anonymous (Querist) 03 June 2021
IN FACT THEY ARE NOT DOING SMALL REPAIRS WHICH WALLS NEED. INSPITE OF REQUESTS. THIS WORK IS THEIRS.

1.CAN THE FLAT OWNER FILE A COMPLAINT TO ANY AUTHORITY IN MUMBAI

2. IF THE FLAT OWNER STOPS MONTHLY MAINTENANCE CHARGES HENCE FORTH TO PUT PRESSURE ON THEM WHAT ACTION THEY CAN TAKE OR WHAT CAN BE THE CONSEQUENCES ON THE FLAT OWNER

SHIRISH PAWAR, 7738990900 (Expert) 03 June 2021
Hello,

If you have any dispute about the services of the co.op. hsg. society then you can file a complaint before consumer forum. If you stop payment of maintenance charges then society can take legal action for recovery of the dues.

Querist : Anonymous (Querist) 03 June 2021
IT MEANS THERE IS NO AUTHORITY OTHER THAN CONSURAM FORM WHICH CAN HELP A FLAT OWNER AGAINST MAINTENANCE AGENCY FOR NOT PROVIDING MAINTENANCE INSPITE OF TAKING MAINTENANCE CHARGES REGULARLY AND IS ENTITLED TO TAKE TAKE LEGAL ACTION ALSO. IF THEY ARE NOT PAID

CAN HE FILE COMPLAINT BEFORE REGISTRAR OF SOCIETIES IN MUMBAI

THE PROBLEM FOR THE FLAT OWNER IS THAT HE HIMSELF IS IN OTHER CITY

kavksatyanarayana (Expert) 03 June 2021
As it is in Mumbai, you can file a complaint before RERA.

T. Kalaiselvan, Advocate (Expert) 04 June 2021
The owner of the flat is living in a different city and the flat is lying vacant without being occupied hence how will the owner come to know that the maintenance is not proper.
The maintenance team cannot maintain the flat of the owner, they are responsible for the maintenance of the common areas alone.If there is any problem inside the flat then it becomes the duty of the owner to repair it and make it alright.
DFid you make a complaint with the society about this, if yes what was their response?
The deficiency in service by the maintenance team or the management which oversees maintenance work can be held responsible for deficiency in service and they can be dragged to consumer court alone and not to the registrar of cooperative societies.
This is not an administrative defect or irregularity or breach of law done by the society that it can be attended by the registrar, it is a deficiency in service hence the appropriate action to this to approach the consumer forum after exhausting the remedies locally, with a complaint

Dr J C Vashista (Expert) 04 June 2021
I agree with the analyses, opinion and advise of expert Mr. T Kalaiselvan.

While staying in Hyderabad how did your relative came to know that his/ her flat is not been provided requisite maintenance ?

What sort of maintenance is included in the maintenance agreement executed between the Society / Association and maintenance agency, which the agency did not provide ?

Whether sole and only flat of your relative (owner) is left over for the maintenance, as alleged, or entire complex is not being maintained ?

Mumbai appropriate civil court / consumer commission shall have territorial jurisdiction and same may be preferred for any specific performance/ complaint / defect / deficiency of service against the maintenance agency and Society .

Why are you worried about the flat which is not owned by you, if your statement is true ?

T. Kalaiselvan, Advocate (Expert) 04 June 2021
I agree to the views expressed by learned Senior advocate Dr. Vashista Sir.
The author may revert with the replies for the queried raised instead of repeating the same query in a different manner without trying to understand the opinions/suggestions given by various experts in this regard.

Querist : Anonymous (Querist) 04 June 2021
IT HAS BEEN DESIRED ABOVE THAT AUTHOR MAY REVERT WITH THE REPLIES FOR THE QUERIES RAISED. HENCE THIS POST

AT THE OUTSET I AM GRATEFUL TO Mr. T. Kalaiselvan, AND Dr J C Vashista FOR THEIR RESPECTIVE ADVICE IN THE MATTER. AS THEY HAVE DOUBTS ABOUT THE GENUINENESS OF THE QUERY AND DESIRE REPLIES ON CERTAIN POINTS, SAME ARE BEING GIVEN BELOW. BUT FOR PROPERLY APPRECIATING THE REPLIES, IT IS REQUESTED THAT BOTH Mr. T. Kalaiselvan, AND Dr J C Vashista MAY PUT THEMSELVES IN THE SHOES OF THE FLAT OWNER.

REPLIES TO QUERIES OF Mr. T. Kalaiselvan

Query – how come to know that maintenance is not proper when flat is vacant

BOTH MAY CONSIDER A SITUATION THAT THEY HAVE A FLAT IN A DIFFERENT CITY WHICH IS VACANT FOR THE TIME BEING. WILL THEY NOT REQIEST ANY OF THE NEIGHBOURS OR KNOWN TO IN THE CITY TO TAKE CARE OF THE FLAT AND WILL THEY NOT REGULARLY BE IN CONTACT WITH THAT PERSON.

Query – Maintenance team cannot maintain the flat of the owner

WHERE IN THE QUERY IT HAS BEEN SAID THAT MAINTENANCE AGENCY IS NOT DOING MAINTENANCE OF THE INSIDE OF THE FLAT.

ATTENTION IS INVITED TO THE FOLLOWING IN THE QUERIES RAISED

 BUT SOCIETY IS NOT PERFORMING ITS OBLIGINATION IN SPITE OF REQUESTS FOR THE LAST 3 YEARS.

 MAINTENANCE PEOPLE WHO ARE RESPONSIBLE ARE NOT PAYING ATTENTION TO REQUESTS FOR PROPER MAINTENANCE INSPITE OF TAKING FULL MONTHLY MAINTENANCE CHARGES.

 IN FACT THEY ARE NOT DOING SMALL REPAIRS WHICH WALLS NEED. INSPITE OF REQUESTS. THIS WORK IS THEIRS

NOW YOU BOTH PLEASE TELL IF YOU ARE REGULARLY PAYING MAINTENANCE CHARHES AND MAKING REQUESTS AS A FLAT OWNER TO THE MAINTENANCE AGENCY FOR THE LAST 3 YEARS TO DO REPAIRS OF THE WALLS OF THE COMMON AREA DUE TO WHICH SEEPAGE TAKES PLACE IN YOUR FLAT IN A CITY LIKE MUMBAI, AND MAINTENANCE AGENCY IS NOT PERFORMING ITS OBLIGATION, WHAT WILL YOU DO.

Query: did you make complaint with the society, if yes what was their response

BOTH OF YOU PLEASE REFER TO THE FOLLOWING STATEMENT IN THE QUERY

 BUT SOCIETY IS NOT PERFORMING ITS OBLIGINATION IN SPITE OF REQUESTS FOR THE LAST 3 YEARS.

IT MEANS WHAT?

Remark: instead of repeating the query in a different manner..

LET THIS REMARK BE JUSTIFIED FROM THE QUERIES AS TO HOW QUERY HAS BEEN REPEATED IN A DIFFERENT MANNER.

REPLIES TO QUERIES OF Dr J C Vashista

Query: while staying in Hyderabad , how your relative came to know…

THIS HAS ALREADY BEEN REPLIED IN THE BEGINNING.

Query: what sort of maintenance is included ….

THE EXISTING PROBLEM RELATES TO REPAIRS OF THE COMMON AREA

Query: whether sole and only flat of your relative…

YES, THAT PART OF THE COMMON AREA HAS NOT BEEN REPAIRED DUE TO WHICH BIG SEEPAGE PROBLEM IS PERSISTING IN THE FLAT .

Query: why are you worried about the flat which is not owned by you

STRAGE QUERY IT IS. BOTH OF YOU MAY CONSIDER A CASE THAT SAME THING HAPPENS TO ONE OF YOUR RELATIVES AND HE SHARES THE PROBLEM WITH YOU , WILL YOU TURN A DEAF EAR TO HIS PROBLEM OR WILL TRY TO HELP HIM IN WHATEVER WAY.

T. Kalaiselvan, Advocate (Expert) 04 June 2021
If the owner has not personally visited the flat for three years but is believing the words of the neighbors of the complex, then how will he be able to know the actual facts, it is not the neighbors duty to take care of flat;

You have mentioned that the society is not performing its obligations, in spite of
requests for the past three years, but you have not specifically mentioned about the society's failure to fulfill any particular obligation, or at least what were the obligations that the society in bound to service the flat owners? your question again is devoid of details;

What request was placed before the maintenance team towards maintaining the building that was either rejected or not done by the team, you say that for the past three years you had been requesting them without taking any action against the team for their deficiency in service, what prevented you from taking any legal action at least a complaint in writing to the society about the deficiencies or defects that the maintenance team have done in the past three years, whether this practice of not taking care of the maintenance of the complex has aggrieved only you (the non resident) or even to the people who are residing in their respective flats regularly, whether those people did not take any action being present in the same complex?

The society is responsible to the flat owners to address their grievances in this regard provided the members have followed the procedures to report this matter or made a complaint in writing or have discussed in the association periodical meeting.
If nobody has made any complaint or not initiated any legal action for the alleged improper maintenance, then there is no cause of action at all, hence the society cannot suo motu take any action on the maintenance team which is believed to be doing its duty properly.
You have not visited the flat for the past three years then how will you precisely know that no repair works were carried out by the team, the information provided by the neighbors may be false which would have malafide intentions to spread such rumour or false information.
Thus it would be pertinent that you visit the flat at least once and complex, get first hand information, if you are really aggrieved by the way the team is working, then you can give a complaint in writing to the society and follow it up with them until it is rectified or you can approach consumer forum for getting your grievances redressed.
There is no point in getting any advise to handle the issues sitting at a remote place being unable to attend the problems in person, you may not gt any relief even for decades if you prefer to stay away from the property and keep making such complaints without adopting the legal procedures to rectify the issues or solve the problems.

P. Venu (Expert) 04 June 2021
If the Managing Committee or the concerned office bearer is negligent, the owner has the option to bring the matter to discussion in the General Body. Alternately, the issue could be brought to the notice of the concerned Registrar of CHS. In my understanding, consumer Forum has no jurisdiction over the issue. A flat owner and hence a member of the CHS is not a consumer vis-a-vis the Managing Committee or the office bearers of the CHS.

Querist : Anonymous (Querist) 05 June 2021
T. Kalaiselvan, ji

सबसे पहले आपका और बाक़िओं का बहुत बहुत शुक्रिया

मगर दुःख की बात है की खासकर आपने बात को झूठ समझा

सब सोचें खामखां में इस तरह से एक्सपर्ट्स को तकलीफ दे कर किसी को क्या प्राप्त हो सकता है जिसके उसका फायदा होगा

ashok kumar singh (Expert) 05 June 2021
Lodge your complaint with the local police station, and thereafter place your grievances before the competent civil court having jurisdiction.
you may contact the Learned Lawyer in your vicinity for prudent suggestion and resolution of your concerned disputes.
thanks