Short Answer

Yes, there are legal remedies available if a tenant damages common premises besides society rules.

Detailed Explanation

Section 23 of the Gujarat Cooperative Societies Act, 1961 empowers the society to take action against a tenant who damages common premises. This section allows the society to recover the cost of repairs or damages caused by the tenant. The society can issue a notice to the tenant demanding payment for the damages within a specified time frame. If the tenant fails to comply, the society can take legal action to recover the amount.

Rule 147 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the procedure for recovering damages from a tenant. This rule outlines the steps the society must follow, including issuing a notice, conducting an inquiry, and imposing penalties if necessary. The rule ensures that the society follows a fair and transparent process when dealing with tenant-related issues.

In practice, if a tenant damages common premises such as the building structure, common areas, or facilities, the society can first assess the extent of the damage and calculate the repair costs. The society should then issue a formal notice to the tenant specifying the amount to be paid and the deadline for payment. If the tenant refuses to pay or disputes the charges, the society can escalate the matter to the appropriate legal authorities for resolution.

Real-world Scenarios

• Scenario 1: A tenant in a cooperative housing society damages the elevator by vandalizing the control panel. The society conducts an inspection, estimates the repair costs, and sends a notice to the tenant demanding reimbursement.

• Scenario 2: A tenant in a cooperative society damages the common garden by uprooting plants and destroying the landscaping. The society issues a warning to the tenant and requests payment for the restoration of the garden.

Reference

• Section 23 of the Gujarat Cooperative Societies Act, 1961: [Official PDF]

• Rule 147 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]