My housing society in Vasco da Gama is not maintaining the building what can I do

Detailed Legal Analysis

If your housing society in Vasco da Gama is not maintaining the building, you can take several steps to address the issue effectively.

Under the Maharashtra Cooperative Societies Act, 1960, which governs housing societies in the state, members have a right to seek proper maintenance and services from their society. Here are some steps you can follow:

• Review Society By-Laws: Begin by reviewing the by-laws of your housing society. These documents typically outline the responsibilities of the managing committee and the rights of the members regarding maintenance and services.
• Document Issues: Keep a detailed record of the maintenance issues you are facing. Take photographs, maintain a log of incidents, and gather evidence of neglect, such as complaints made to the society.
• Raise Concerns with the Managing Committee: Formally communicate your concerns to the managing committee. You can do this by:
  • Submitting a written complaint outlining the issues you have documented.
  • Requesting a meeting to discuss maintenance matters directly.
• Request a General Body Meeting: If the committee does not address your concerns, you can request a general body meeting (GBM) of the society members to discuss the maintenance issues. A majority consensus may help in putting pressure on the committee.
• Engage with Other Members: Collaborate with other residents facing similar issues. A collective approach can be more effective in bringing about change.
• File a Complaint with the Registrar: If the society continues to neglect its duties, you can file a complaint with the Cooperative Commissioner or the Registrar of Cooperative Societies under the Maharashtra Cooperative Societies Act. They have the authority to investigate and take action against the society.
• Legal Recourse: As a last resort, you may consider seeking legal advice and filing a case in the appropriate civil court under the relevant provisions of the Indian Contract Act, 1872, or other applicable laws. You can also approach the National Consumer Disputes Redressal Commission if the society's negligence amounts to a service deficiency.

Taking these steps can help you address the maintenance issues in your housing society effectively. It is advisable to maintain a record of all communications and actions taken for future reference.