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Can a case of compensation be filed against society


26-Nov-2023 (In Landlord/Tenant Law)
Dear sir,I own a apartment in a co-operative society of 2 floors in Virar, Maharashtra.I accommodate on the 2nd floor.a month back a huge slab of ceiling falled on my children,one seriously injured.We had started the repairing work.The building is 30 yrs old before we bought the flat their was a problem of leakage and few months after purchasing the flat the society build roofs above building to stop leakage .but because of old leakage the ceiling started decaying without our knowledge.My question is can we file a suit against society for repairing cost and hospital expenses since society had promised in previous meetings that they will carry the repairing work in future and its societies duty to carryout ceiling work before building roofs Thank you Pravin Punamiya
Answers (2)

Answer #1
900 votes
Yes offcourse .you can make a complaint to the consumer forum by providing the deficient services and non fulfillment of the obligation if the society promised to do so in writing in meeting. If they promised then they have to work it out as early as possible.
Answer #2
647 votes
Yes the Society is responsible for the Repairs and other promises which the made and recorded(if any) during the meetings as you have mentioned.
Please procure the Minutes of the Meeting wherein the said resolution came to be passed which will enable you to file appropriate proceedings both civil and/or criminal.
But while procuring the Minutes of the Meeting(though the Society is dutybound to provide you the same as a rule) many Societies and the people at the helm of the affairs resent furnishing the same, this must be kept in mind and has to be handled tactfully and diplomatically.

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