Saturday, October 13, 2012

As per the bye-laws of the society, MCS Act take action against society

I have recently purchased a flat on the top floor of the 7 storeyed building. There is a lot of noise in my flat due to the operation of lift, though the society had undertaken some repair of the lift and spent hefty amount. When there was no response to the oral complaint to the Secretary and President, I have given a written complaint. There is also a leakage in the ceiling of the flats from the terrace. I want to know whether the leakage problem is to be attended to by the society and what action I can take for the noise from the lift, if the society is overlooking my complaint. Am I legally right to stop the maintenance charges as the society is not attending to my complaint.
—N.P.Haldankar

You purchased the flat in the building fully knowing that the building has the lift and the normal noise during operation of lift is understandable but in case of unusual noise, the society has to take appropriate steps for the repair of the defective parts of the lift for removal of such noise. Similarly, the leakage problem to the ceiling of flats on the top floor from the terrace has to be attended to by the society. If the society has ignored your complaints, you may approach the Dy. Registrar, but you cannot take the law into your hands and stop the payment of maintenance charge as a retaliatory matter. You may have to take the recourse to the prescribed legal process as per the bye-laws of the society, MCS Act and the Rules framed thereunder.

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