Housing society to pay for ignoring flat to damage

MUMBAI: Defining housing societies as service providers, a consumer forum has ordered one in Chembur to pay almost Rs 1 lakh in compensation to a member for the damage caused to his flat by renovation in the flat above.

The forum held the society guilty of deficiency in service because neither did it take any action against the flat owner who caused the damage nor did it make any attempt to recover costs from him. "There is no doubt that since the complainant was a member of the society, he was its consumer and the society was a service provider. It is responsible to pay the complainant," the forum said.

Mithul Enclave Housing Society Ltd will have to pay Bhimrao Jogdand Rs 55,000 as repair costs and Rs 44,500 for litigation costs, mental harassment and as interest.

The forum said, making it clear that there was no service provider and consumer relationship between the two flat owners.

In the complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009, Jogdand said flat owner Bhalchandra Patil began extensive renovation inside his flat in 2006. It resulted in leakages in his flat below. On August 24 that year, Jogdand wrote to the society about the problem. He informed Patil, too, and sought reimbursement of the repair costs.

In May 2007, the society told Patil he was responsible for the damages and had to pay Jogdand. Patil did not, yet the society did not act against him. Jogdand finally sent registered notices to both in 2009, but got no response. Aggrieved, he filed the complaint.

The society and Patil filed independent replies, denying the allegations. Both claimed Jogdand's flat was damaged because it had been lying unused for long.

The forum took into consideration photographs of the damaged flat submitted by the complainant along with copies of the correspondence and accepted that the renovation had caused the damages. It also observed that despite notices, the society made no attempt to stop the work in Patil's flat and neither did it complain to civic authorities.

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