The common drainage pipe that we have in the building gets clogged due to the muck and Garbage dumped by the residents and since I am on the first floor water back flows to my house due to the blockage. I have been informed by my society that this is not borne by society and has to be paid by me. The repairs paid by society is limited to painting, external cracks, leakage due external pipes and cleaning of drainage Chambers only. Can you please confirm that this is correct? As the bye laws state repairs and maintenance of drainage pipes are covered as stated below
67. The following repairs and maintenance of the property of the Society shall be
carried out by the Society at its costs:
a. ( i ) All internal roads, (ii) Compound walls, (iii) External water pipe lines, (iv)
Water pumps,(v) Water storage tanks, (vi) Drainage lines, (vii) Septic tanks,
(viii) Stair cases, (ix) Terrace and parapet walls, (x) Structural repairs of roofs
of all flats, (xi) Stair-case lights, (xii) Street lights, (xiii) External walls of the
building/ buildings, (xiv) All leakages of water including leakages due to rain
water, and leakages due to external common pipe line and drainage line,
As you are well aware which are the repairs to be done by society and which are to be done by individual member, if you have any doubt in this respect, kindly make complaint against the society for the repairs to be done by the society (in your opinion), to Deputy registrar of Co-operative Societies under Bye-law NO. 174(A)(xxii).

If Deputy Registrar did not gave you relief, then under Bye-law No. 174(B)(iii), make complaint against your Society, to Co-operative Court.

You can also make a complaint to against your Society to District Consumer Forum (Court), whose office you will find it in District Collector's Office.

Whether it is Co-operative Court or Consumer Forum, you need not hire the service of an advocate, either to present your case or to argue the case when it comes for hearing.

Before you make complaint against the society, kindly go thoroughly, the Bye-law Nos. 65 to 71 and 159(a) for society to do the repairs at its expenses, and 159(b) for members to do the repairs at Member's expenses.
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SD Israni Dr SD Israni is an Advocate & Partner of SD Israni Law Chambers and has over 37 years of experience in the field of Corporate, Commercial and Securities Laws. He has simply written the book on Indian securities laws, copies of which he kindly donated to Moneylife Foundation library. Dr Israni's professional achievements are formidable. He was a member of the Naresh Chandra Committee for simplification of Company Law relating to private and small companies. He has been on SEBI's committee on

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