Short Answer

To recover repair costs for a leaking common wall, members can follow the dispute resolution process outlined in the Gujarat Cooperative Societies Act, 1961 and Rules, 1965.

Detailed Explanation

Section 70 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to resolve disputes related to cooperative societies. In case of a leaking common wall, affected members can file a complaint with the Registrar, who will then initiate proceedings to determine the responsible party and the repair costs. The Registrar may appoint a competent authority to assess the damage and allocate the repair expenses among the parties involved.

Rule 123 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines for the maintenance and repair of common areas in cooperative societies. If the leaking wall is deemed a common area, the rule specifies that the repair costs should be shared proportionately among the members benefiting from the repair. The rule also outlines the procedure for conducting meetings to discuss and approve the repair works and cost-sharing arrangements.

Practical Examples

• Scenario 1: In a cooperative housing society, a common wall between two units starts leaking during the monsoon season. The affected members can file a complaint with the Registrar under Section 70 of the Act, requesting intervention to determine the responsible party and allocate repair costs.

• Scenario 2: A commercial complex's shared wall develops a leak, causing damage to multiple shops. The cooperative society members can convene a meeting as per Rule 123 of the Rules to discuss the repair works, obtain estimates, and decide on cost-sharing arrangements.

Reference

• Section 70 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 123 of the Gujarat Cooperative Societies Rules, 1965: Official PDF