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Society must pay for repairs of leaky roof: HC

The Bombay High Court, in a recent decision, has held that a co-operative society is responsible for repairs of a leaking roof.

DNA Web Team

Updated : Nov 19, 2013, 11:17 PM IST

MUMBAI: The Bombay High Court, in a recent decision, has held that a co-operative society is responsible for repairs of a leaking roof.

Justice BH Marlapalle, in his decision last month, ordered Humble Home Cooperative Housing Society in Bandra to reimburse Rs 8,458 -- cost of roof repair -- to Sham Balani, a flat owner.

The case dated back to 1990, when Balani, who had to repair the roof of his top floor flat as it was leaking, demanded that society reimburse the expenses as per the Maharashtra Cooperative Societies Act, 1960.

The issue became a little tricky, as the terrace above Balani's flat was owned by another flat owner as a private terrace.

In a suit before the Co-operative Court, Balani pleaded that according to principles governing cooperative housing society, even the private terrace belonging to one of the flat owners was the property of the society, hence the society was responsible for its repairs.

The Cooperative Court upheld this argument, and directed the society, to bear expenses for repair of terrace, which was a part of roof of Balani's flat.

However, the society challenged the ruling in the Bombay High Court.

But the high court, while confirming that society will have to bear repairing expenses for leaking roof, observed that a private terrace was not society's property.

Further, the high court held, it was not necessary to decide whether such a terrace was society's property in this case.

Bylaws framed by the state government for housing societies -- under the Maharashtra Cooperative Societies Act -- clearly say that maintenance and repairs of roof of a flat is society's responsibility, the court ruled.

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