STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, MUMBAI APPEAL NO.A/19/1022 (Arisen out of order dated 15/07/2019 passed in Complaint No.194 of 2013 by District Commission, Thane)

NANDA KUMAR SHETTY, B/31, Swati Srishti CHS Ltd., Srishti Complex, Sector 5, Mira Road (East) – 401 107, District Thane. ....... Appellant(s)

Versus

1. SWATI SRISHTI CHS LTD., Bldg. No.511/512, Srishti Complex,Sector 5, Mira Road (East) – 401 107, District Thane.

2. MR.SUSHIL YADAV, A/04, Swati Srishti CHS Ltd., Srishti Complex, Sector 5, Mira Road (East) – 401 107, District Thane.

3. MR.NOEL ZUZARTE, A/34, Swati Srishti CHS Ltd., Srishti Complex, Sector 5, Mira Road (East) – 401 107, District Thane.

4. MR. S. VENKATACHALAN, A/22, Swati Srishti CHS Ltd., Srishti Complex, Sector 5, Mira Road (East) – 401 107, District Thane.

5. MR.DEEPAK KUMAR DESAI, A/12, Swati Srishti CHS Ltd., Srishti Complex, Sector 5, Mira Road (East) – 401 107, District Thane. ………Respondent(s)

BEFORE:

Dr.S.K. Kakade – In-charge President Mr.A. Z. Khwaja – Judicial Member For the appellant(s) : Advocate Ms.Anubha Rastogi along with Advocate Shikha Nambiar For the Respondent(s) : Advocate Ms.Rashmi Manne ORDER Per Hon’ble Dr.S.K. Kakade – In-charge President:

(1) The present appeal is filed by the original complainant in Complaint No.194 of 2013 before the Thane District Consumer Disputes Redressal Forum (now Commission), which was decided finally on 15^th July, 2019. Being aggrieved by the judgment and the order passed by the Ld.District Commission dismissing the complaint of the complainant he has filed appeal against the order before this Commission.

(2) Brief facts of this appeal are as follows:

The appellant is a member of Respondent no.1 society having Flat No.B/31 in Swati Srishti CHS Ltd., Mira Road (East), District Thane, since 1991. The society is part of complex managed by federation comprising of 15 residential buildings. These buildings were constructed from 1988. Possession was given to the complainant in the year 1991. The appellant/original complainant noticed in monsoon of 2008 that there was heavy leakage in his flat due to rain water. Hence, he complained to the society by letter dated 15^th February, 2009 seeking remedy. This issue was discussed in Annual General Meeting of the Society held on 1^st March, 2009. However, no action was taken. Meanwhile the leakage in flat continued and in the month of August, 2010 the ceiling of his bathroom crashed down due to heavy leakage of the water. The complainant complained to the office bearers of the society by sending number of letters, but, no action was taken by the officer bearers of the society. Further, as he filed complaint before the Deputy Registrar of Societies on 22/02/2011 the society administration was taken over by one Mr.Vilas Patil, who was appointed as Administrator to Swati Srishti CHS Ltd. Further, the appellant obtained quotation for repairing the leakage and renovation of the flat. The same was also communicated to the office bearers of the society. Since the office bearers of the society did not come forward and help the appellant, he decided to get the repair done and he had to renovate his flat because there was damage due to the leakage of rain water. Further, he filed complaint before the Thane District Commission in the year 2013 against the society and four previous office bearers. Ld.District Commission after going through the documents and hearing the complainant was pleased to dismiss the consumer complaint with advice to the complainant to approach the appropriate authority.

(3) The original complainant filed this appeal before this Commission in the year 2019. Both parties were represented by advocates in the final hearing. Ld.Advocate for the appellant submitted that the original complainant is the member of the society who is regularly paying the legal dues and the maintenance charges to the society. She invited our attention to the receipts filed by the appellant about the payments made to