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Ashish Aggarwal   15 April 2025

Is a resident a customer of housing society

I need the legal opinion about a resident of housing society a customer and housing society a service provider ? If the society fails to repair seepage between two floors, what are the remedies available ? The upper floor resident refused the permission for the repairs of seepage, who should be sued ?



 7 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     15 April 2025

Legal Opinion on Housing Society and Resident Relationship In the context of the Consumer Protection Act, a resident of a housing society can be considered a consumer, and the housing society can be considered a service provider.

 This relationship implies that the society is responsible for providing certain services, including maintenance and repairs, to its residents.

Remedies for Failure to Repair Seepage If the housing society fails to repair seepage between two floors, the affected resident can explore the following remedies: -

*File a complaint with the society's management*: The resident can submit a formal complaint to the society's management committee, requesting them to take action to repair the seepage. -

 *Approach the Consumer Forum*: The resident can file a complaint with the Consumer Forum, citing deficiency in service on the part of the housing society. -

 *Seek legal action*: The resident can consult a lawyer and explore filing a civil suit against the housing society for breach of its obligations.

Refusal of Permission by Upper Floor Resident If the upper floor resident refuses permission for repairs, the society or the affected resident may need to: -

 *Seek mediation*: Try to resolve the issue through mediation or negotiation with the upper floor resident. -

*Approach the local authorities*: If the issue persists, the resident or the society can approach local authorities, such as the housing authority or the police, for assistance. -

*File a complaint*: The resident can file a complaint with the Consumer Forum or seek legal action against the upper floor resident for obstructing the repair work.

Recommended Course of Action To resolve the issue effectively, it's recommended to: - *Document everything*: Keep a record of all correspondence, notices, and attempts to resolve the issue. -

 

R.K Nanda (Advocate)     15 April 2025

no. Resident is not customer of HS but member of HS. All legal action depends on bye laws of HS.

Ashish Aggarwal   15 April 2025

As per consumer protection act :

(7) "consumer" means any person who—

(i) buys any goods for a consideration which has been paid or promised

or partly paid and partly promised, or under any system of deferred payment

and includes any user of such goods other than the person who buys such

goods for consideration paid or promised or partly paid or partly promised, or

under any system of deferred payment, when such use is made with the approval

of such person, but does not include a person who obtains such goods for

resale or for any commercial purpose; or

(ii) hires or avails of any service for a consideration which has been paid

or promised or partly paid and partly promised, or under any system of deferred

payment and includes any beneficiary of such service other than the person

who hires or avails of the services for consideration paid or promised, or partly

paid and partly promised, or under any system of deferred payment, when such

services are availed of with the approval of the first mentioned person, but does

not include a person who avails of such service for any commercial purpose.

 

When a resident is paying for the services provided by the society, as per act he is a customer. Where is the exemption for the constitution of the service provider ?. The service provider could be a company, HUF, individual, society or AOP., NGO,Govt. anything..As per the act, who pays the price it is the customer.

R.K Nanda (Advocate)     15 April 2025

Why you have posted part of consumer protection act.? What you want to prove that you have more knowledge than experts. Don't waste time of experts. 

kavksatyanarayana (subregistrar/supdt.(retired))     15 April 2025

When you know the acts, follow them and why you depend on others and put the query?

Ashish Aggarwal   15 April 2025

As a layman, I have the basic knowledge of the act. But the rules and their interpretation varies. This is a gray area and experts have different opinion. I am not here to show my capability but to learn from the experts. I shared my logic giving reference to the act. my appologies if I have hurt anyone's sentiments unintentionally. 

T. Kalaiselvan, Advocate (Advocate)     16 April 2025

If your complaint pertains to services provided by the RWA and you believe you have been wronged, you may consider filing a complaint with the consumer forum.


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