- This topic has 34 replies, 21 voices, and was last updated 1 year, 1 month ago by
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BMy wife and I are tenants in a cooperative housing society. Recently, there was a water shortage issue, and by mistake, I left one of the taps open in our flat. This caused water to overflow and spread across our room and the building floor. Some water also seeped into the lift shaft, causing issues with the lift. Now, the society is demanding repair costs/compensation amounting to several lakhs. I want to know if this demand is legal, or if I can take any action against the society, considering it was an accident and not a deliberate act.
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VTotal bullshit. Those OTIS and Schindler lifts are super robust and wont get affected by some water dripping from some apartment. Ask them for the report from the lift technician stating explicitly that this was related to water from your unit.
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WSociety might not allow them to leave. In my society you have to get approval from owner and society to take stuff out.
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JDon’t pay anything. Societies are supposed to have AMCs for these lifts with the companies to manage them. Unless something big has gone faulty charges cannot be in lacs. We have had issues with rain water going into Lift duck and causing issues with lift but never amounted to lacs. Mostly just had to wait for water to dry out.
If it’s not too much then just shift somewhere else and close the chapter. If the owner is not returning the deposit file a complaint, he cannot deduct for damages outside the flat.
These are my personal opinions, as long as you don’t submit they can’t do anything legally.
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ENot a lawyer but a similar incident happened in my previous society. The society management asked the tenants to pay 50% of the damages caused to the lift or leave the society. They refused to do either. The lift does have AMC and these damages are covered within it, but because it was one family that caused the damage and problems to everyone in that building, the society management wanted them to pay.
So the society management threatened to get the tenants kick out and also cause issues to the owner. The owner has lived in the society for 20 years and is well liked by everyone. He didn’t want any problems with the society so told the tenents the same thing either pay 50% or I’ll give you 1 month notice and you can leave.
The tenants kids and dad’s office are all close by so they decided to pay 40% of the damages in installments.All I am saying is if you want to continue living there peacefully you’ll have to compromise in some way or just leave because later on if you have any issues the society might not step up to help you out.
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RNot allowing the transportation vehicle to come inside. Telling security to not allow personnel in the flat. Most societies need to give NOC and tenants need to pay move in and out charges. They can charge the owner and the owner won’t give them back the deposit. Lots of ways. The owner needs to deal with this and not the tenant.
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UHow will they pay ? From society fund ? Or will the society president personally pay ? Or will he collect money from other owners for a police bribe ?
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SYou pay monthly maintenance and it is responsibility of the society to make sure that lifts etc are taken care of and certain AMC is in always in place. If tomorrow someone’s pipe busts open and water seeps in the shaft where lifts are placed then would they ask that person to pay for the repair charges? That’s not how things work. It is responsibility of the society to safeguard the lift shaft etc. and also replace/repair the burst pipes.
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CIt’s under AMC, you are not required to pay anything other than the flat maintenance to the society. Water does not cause damage of lacs to the lift, and that too one tap kept open is very less water flow. If this amount of water causes lifts to break down, then tell the society to change the lift.
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WWhy is nobody concerned about the OP leaving the tap open and wasting so much water, especially in such times where many areas in our country are impacted by a draught.
I can understand that lift repair thing actually BS but OP should definitely be fined for water wastage where fines usually ranges from 5k-10k if in a metro city. -
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IThe demand is legal, AMC / Maintenance Charges aren’t spent on someone’s carelessness. As a tenant you can’t do much, As simply the committee will summon the owner. Firstly leaving the tap open these times isn’t acceptable, Hope it’s your first & last time. Usually fines are around 5-10K or even more for such negligence.
You cannot take any legal action as you are not the members but tenants, only way out is to hear with patience and try to come for a mutual conclusion.
In all these cases the committee only expects a decent apology, Stop being OTT characters as everything will go only against you.
Try to accept the lesser truth & go with lesser evil, Your time, money , energy will be saved. Simply behaving like celebrity judges won’t help at all as the wreck has been caused by you both.
If you follow what’s mentioned, Maybe next time even if you leave the tap open the society won’t wink an eye 😉 . Yes, If you take it otherwise your owner might also evict you sooner or later. -
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