MUMBAI: Observing that the housing society was duty bound to provide proper service and to keep units, shops, residential flats in the building in proper and habitable condition, a consumer commission directed Borivli-based Breezy Corner Co-operative Housing Society to pay a compensation of Rs 1.50 lakh to two joint owners of a shop who had to face losses after the flat above their unit made structural changes causing severe leakage.
Ruling in favour of the joint owners, Dahisar residents, Jasmin Kapadia and Ketan Parmar, the commission said that the complainants have established that the society is liable for deficiency in services.
“Non-action of has resulted into monetary, physical and mental trouble to the complainants,” the commission said. The housing society and office bearers, against whom the complaint was filed, did not respond to the complaint.
The commission passed an ex parte order. Awarding Rs 1.50 lakh, the commission said, “Naturally, the complainants will require to spend money to keep their shop in good condition, even after removal of leakage problem..”. Additionally they were also awarded Rs 10,000 towards litigation costs.
The commission, however, said that the compensation will have to be paid only by the housing society and not the officer bearers. “…though opponent no 1 (housing society) acts through its managing committee, office bearers…cannot be held personally liable for non-action of Breezy Corner Co-operative Housing Society because they act on non-remuneration basis to manage affairs of the society,” the commission said.
Kapadia and Parmar moved the Mumbai Suburban District Consumer Disputes Redressal Commission on January 7, 2021 . The said that they were in possession of the shop since 2011 and had been paying maintenance charges. They alleged that the occupants residing exactly above their unit carried out internal unauthorized additions and alterations.
They further submitted that this caused leakage and seepage through the walls. The complainants further submitted that due to the persistent leakage and seepage through the wall, the ceiling, internal walls, paint, interior decoration, furniture and electric wiring of shop got damaged.
