My housing society in Bikaner is not maintaining the building what can I do

Detailed Legal Analysis

If your housing society in Bikaner is not maintaining the building, you have several options to address the situation legally and effectively.

Here are the steps you can take:

• Review the Society's By-Laws: Check the by-laws of your housing society to understand the obligations of the managing committee regarding maintenance. Look for sections that specify maintenance duties, financial responsibilities, and the process for addressing grievances.
• Document the Issues: Keep a detailed record of the maintenance issues, including photographs, dates, and descriptions of the problems. This documentation will support your case when you approach the society or authorities.
• Communicate with the Managing Committee: Formally write to the managing committee of the housing society outlining the maintenance issues. Mention specific by-law provisions they are violating and request prompt action. It is advisable to send this communication via registered post to maintain a record.
• Call a General Body Meeting: If the issue persists, you can request a general body meeting of the society members to discuss the maintenance concerns. You can do this by following the procedure outlined in the society's by-laws.
• File a Complaint: If the society fails to respond or take action, you can file a complaint with the Registrar of Societies under the Rajasthan Societies Registration Act, 1958. The Registrar has the authority to investigate and rectify issues related to the functioning of the society.
• Seek Legal Recourse: If the above steps do not yield a resolution, consider seeking legal advice from a lawyer specializing in housing society matters. You can file a civil suit under Section 91 of the Code of Civil Procedure, 1908, seeking relief for non-compliance with maintenance obligations.
• Approach the Consumer Forum: As a member of the society, you are also a consumer of services. You can approach the District Consumer Disputes Redressal Forum under the Consumer Protection Act, 2019 to seek redressal for deficiency in service regarding the maintenance of common facilities.

It is essential to act promptly and address the issue through appropriate channels to ensure your rights as a member of the housing society are upheld.