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Deficiency in Services of Management committee of Society
23-Nov-2025 (In Consumer Court Law)
I am facing problem of Seepage from the roof . Upper floor owner not willing to rectify it . Society Management committee not pursuing the owner of upper floor flat for rectification. I am facing this for last 4 years and grievance remains unresolved due non co operation of society management and upper floor flat owner. I want to claim damages and compensation against the society management .
Seepage issues fall under statutory obligations for both the flat owner above you and the Society. Under the Maharashtra Cooperative Societies Act and the standard Bye-Laws applicable across housing societies in Maharashtra, the Society has a non-negotiable duty to maintain and repair the structure, including external walls, terrace slabs, and any leakage affecting habitability. Simultaneously, the upper-floor flat owner is obligated to co-operate in repairs that originate from his premises. Put the Society and the upper-floor owner on formal notice backed with photographs, structural engineer reports, medical issues or furniture damage caused, and copies of all past complaint to establish a paper trail of their persistent refusal. Approach the Deputy Registrar of Cooperative Societies with a statutory complaint for failure of the Society to discharge maintenance duties. Parallelly, you can file a case before the Consumer Commission.
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Adv. Sanil Sarkar
Adv. Sanil Sarkar
Navi Mumbai | 100+ Answers
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if in your society bylaws services are mentioned and society does not provide then you can avail remedies. but check it out that if your state have specific act for societies, then you have to go with that act. otherwise you may have remedies under consumer act. keep in mind that special act prevells general act.
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Adv. Nikam Nitin
Adv. Nikam Nitin
Nashik | 25+ Answers
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You can file a consumer complaint against both the society management and the upper-floor owner for deficiency in service and negligence. Persistent seepage affecting your health, safety and property for four years amounts to breach of their statutory duties under the Maharashtra Cooperative Societies Act and society bye-laws. You may issue a legal notice demanding immediate rectification, reimbursement of repair costs, and compensation for mental harassment. If they fail to act, file a complaint before the District Consumer Commission seeking directions to repair, recover damages, and compensation for prolonged inconvenience.
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Adv. Mrunmayi Kotawadekar
Adv. Mrunmayi Kotawadekar
Mumbai | 100+ Answers
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Send a legal notice outlining your concern to the society secretary or chairman. If no action taken still, make sure you have all your correspondence relating to your issue compiled and then you can proceed to file a complaint in either the cooperative society tribunal or at the district consumer forum level. It is important to determine the exact “cost” that you have lost and put a figure on that as well. Please contact me if you want to speak further. Thanks.
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Adv. Parth Lalai
Adv. Parth Lalai
Mumbai | 25+ Answers
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Deficiency in Service by Management Committee of Society Meaning
Deficiency in service means that the society's management committee has failed to perform the duties, obligations or responsibilities required under:
Society bylaws
Cooperative societies act (varies by state)
Rules/regulations of the society
Basic standards of service expected from a management body
When the management committee does not provide proper service, acts negligently, or delays necessary actions, it is considered deficiency in service.
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Adv. Mahrukh Khan
Adv. Mahrukh Khan
Mumbai | 200+ Answers
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