Q&A: Real Estate

By: Sadhawa N Mishra Partner ( Real Estate) SNG & Partners

Owners’ Responsibilities

I own a flat in Navi Mumbai. The bathroom attached to the master-bedroom has leakages from the flat above. It was agreed in a society meeting that the leakages should be fixed by the respective flat owner. The issue is pending for six months now. The society had not taken any action even after giving two letters. Is there a legal recourse here?

Satin Mandlik

As per Bye-law No. 160 (a) all leakages of water— including leakages due to rain water, and leakages due to external common pipe line and drainage line— shall be borne by the society.

However, in the present case, it appears that the society has already in its meeting clarified that the leakage should be fixed by the flat owner.

In such a case, it is advisable that you co-ordinate with the flat owner above and get it done as the society in its meeting has made it clear that it’s flat the owner’s responsibility to rectify the leakage. Hence, the society cannot be held liable for the same.

Parking Charges

Although there is a Supreme Court judgment that a builder cannot recover parking charges, my builder in Bengaluru says that the judgement is applicable only to Mumbai and not Bengaluru. Is it correct? Please advise.

VS Murthy
The Supreme Court judgement is based on the MOFA Act, which is applicable only to the state of Maharashtra. However, what needs to be seen is the essence of the judgement which says that a developer of a housing complex (society) cannot charge members for parking space as these are meant for common use and form part of the common amenity.

Hence, the judgement will be applicable to all builders who are charging separately for stilt/open car parking which is the common amenity of the society/organisation.
In case the car parking comes under the purview of common amenity as per the local laws in Karnataka, the judgement will be applicable. Hence, request you to kindly check with the local lawyer in this regard.