Short Answer

If a building develops leaks or cracks in the walls after 10 years, the responsibility for repairs and maintenance would depend on the specific terms of the agreement between the builder and the society.

Detailed Explanation

As per Section 14 of the Gujarat Cooperative Societies Act, 1961, the builder is responsible for the construction of the building and ensuring it meets the necessary standards. However, the Act does not specifically address issues such as leaks or cracks that may arise after a certain period. In practice, the responsibility for repairs and maintenance post-construction is typically outlined in the agreement between the builder and the society.

Rule 18 of the Gujarat Cooperative Societies Rules, 1965 states that the society should maintain the common areas and facilities of the building. If the leaks or cracks are deemed to be a result of poor construction or structural defects, the society may have grounds to hold the builder accountable. This would require a thorough inspection and possibly legal action to determine liability.

In real-world scenarios, if the leaks or cracks are due to normal wear and tear or lack of maintenance, the society may be responsible for the repairs. However, if the issues are a direct result of faulty construction or structural defects, the builder may be held liable. The process would involve documenting the damages, conducting inspections, and potentially seeking legal advice to resolve the matter.

Practical Examples

• Scenario 1: If a building develops leaks in the walls due to poor construction within 10 years, the society can refer to Section 14 of the Gujarat Cooperative Societies Act, 1961 to hold the builder accountable.

• Scenario 2: In case cracks appear in the walls after 10 years due to normal wear and tear, the society may need to cover the repair costs as per Rule 18 of the Gujarat Cooperative Societies Rules, 1965.

• Scenario 3: If structural defects lead to significant damages after a decade, the society can seek legal recourse based on the terms of the agreement with the builder.

References

• Section 14 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 18 of the Gujarat Cooperative Societies Rules, 1965: Official PDF