Justice SK Shinde, of Bombay HC, held that “Disputant was entitled to claim damages for loss caused to property, fixtures, fittings, paintings and interiors in her flats, due to seepage of water from overhead terrace.”
Additionally, they clarified that the bylaws of the cooperative society constitute a contract between the society and its constituents.
The ruling came in the Writ Petition No. 6082 of 2006 filed by Bharatiya Bhawan Co-operative society, filed by its chairman vs Krishna Harinarayan Bajaj.
Bajaj had acquired a flat in the society in 1992 and suffered seepage from the terrace from the very first monsoon as an occupant. After multiple efforts to get the repairs done by the society without any respite, to end her suffering she decided to take up the repairs on her own in 2004, at the cost of ₹46,78,562/-. The HC ordered a full refund of the amount spent on repairs along with a simple interest from 2004 till the date of completion of the refund.
Further, an amount of ₹2 lakh was awarded as compensation for the suffering caused to the flat owner.
Copy of order enclosed: