Office bearers of Housing Society in Mumbai were fined 10,000 for not fixing external leaks

After a request made by a shop owner from almost a decade to repair the leakage damage in a housing society, a Magistrate’s Court sentenced the society in Chembur and its Chairman and Secretary asking them to pay a fine of Rs 10,000 each for ignoring the shop owner’s request noticing that when leakage is external it becomes the responsibility of the cooperative housing society to fix the damage. 

 

The fine which was imposed on the society for not looking into this matter was the maximum under the law and the court has asked the society to fix the leakage within two months, failing which they would face action. After the complaint was filed by  Purnachandra Dasgupta, who is a resident owning 3 shops that faced the problem of heavy leakage, Atul Cooperative Housing Society, its Chairman Arun Baghchi, and Secretary Alok Sarkar were booked under the Mumbai Municipal Corporation Act. 

 

A Magistrate’s Court has sentenced and fined the housing society and its office-holders for not fixing an external leakage even when a complaint was filed. When it was stated by the defence that the office-bearers did not own the society, the court said that the building is owned by the society.

 

“After the cooperative housing society was formed, all the responsibility of taking care of every issue related to the premises and its members came on to the office-bearers. Everyone is well aware that if the leakages are from the internal side, then it has to be taken care of by the members themselves and if the leakages are from the external side, then office bearers of the society will take care of it,” stated the Magistrate’s Court.

 

While the defence claimed that the court could only announce the sentence and only the cooperative court had the right to give directions to fix the leakage, the Magistrate’s Court stated it was not deciding any civil rights of the parties. “The main aim of any law is to protect the rights of citizens and giving justice. It is not appropriate if a citizen runs from forum to forum just to get basic reliefs, which often are the necessities. Accordingly, I do not find any impediment to give directions regarding abatement of leakages,” stated the court. 

 

The minimum fine amount authorized by the act was Rs 2,000 and the maximum, Rs 10,000. When questioned about Imposing the maximum fine, the court stated that “The proofs on record states that the shop owner is facing this issue of leakages since 2013-14.”