Short Answer

The society is responsible for repairing damages caused by maintenance failures.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 states that every member is bound to contribute to the repairs and maintenance of the society's property. This means that the society is responsible for maintaining and repairing common areas and facilities. If a leak in your flat is due to the society's maintenance failure, the society is liable to pay for the repair costs. The society cannot shirk its responsibility towards maintaining the building and common areas in a proper condition.

Rule 79 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the maintenance responsibilities of the society. It mandates that the society must ensure proper upkeep and maintenance of the building and common facilities. If the society neglects its duty and a leak occurs in your flat as a result, they are obligated to cover the repair expenses.

In practice, if you face a leak in your flat caused by the society's negligence in maintenance, you should inform the society management committee immediately. Provide evidence of the damage and request them to arrange for the repairs at their cost. If the society refuses to take responsibility, you can escalate the matter to the Registrar of Cooperative Societies for resolution.

Real-world Scenarios

• Scenario 1: A leak in the bathroom of your flat is causing water damage to the walls and ceiling. Upon inspection, it is revealed that the leak is due to a faulty pipe in the common plumbing system maintained by the society. In this case, the society is liable to bear the repair costs.

• Scenario 2: The terrace of the building is not waterproofed properly by the society, leading to water seepage into multiple flats during the monsoon. The society is responsible for rectifying the waterproofing issue and covering the repair expenses for affected flats.

Reference

• Section 73 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 79 of the Gujarat Cooperative Societies Rules, 1965: Official PDF