Skip to main content

Flat owner without legal title has consumer rights

In a significant judgment, the South Mumbai Consumer Forum has held that a flat owner legally occupying the flat would be a consumer, even if his title to the flat might be in dispute before a competent court.

Thurlow owned a flat in a co-operative society. Appuswami was residing with him. In 1976, Appuswami got married in the same flat, and his wife started residing in the same flat. They had three children, born and brought up in the same flat.

After Thurlow expired in 2004, Appuswami approached the High Court for inheritance to Thurlow's estate but expired while the matter was pending. His wife and children were brought on record. Subsequently, the society intervened, contending Appuswami did not have any right to the flat and it should be handed over to the Society.

The Appuswami family continued to reside in the flat, and even pay the society's outgoings and maintenance charges. Later, the society stopped collecting maintenance charges from all members, as it earned enough income from a cell phone tower erected on its terrace.

When the Appuswami family wanted to renovate their flat, the society refused to grant permission and obstructed work. The Society stated it would allow the renovation only if suitable orders were obtained from the court.

The Appuswamis filed a consumer complaint. They claimed they were beneficiaries of the services availed of by the deceased Thurlow, and would be considered consumers. Even though the issue of inheritance was pending, the High Court had permitted them to use and occupy till the issue was decided. So they had every right to keep their flat in proper habitable condition, and renovation would not cause any harm or prejudice the society's claim.

The society, on the other hand, claimed a consumer complaint was not maintainable as the Appuswamis had not been recognised as members. The society also argued that no case could be filed before first giving a notice under Section 164 of the Maharashtra Co-operative Societies Act.

The Consumer Forum observed Section 164 was not applicable to consumer complaints. Beside, the Appuswami family had clearly put the society to notice by writing for permission to carry out repairs, and stating the society would be liable if permission was not granted. The Forum observed as maintenance charges had been collected, the consumer complaint was maintainable. The issue of inheritance before the High Court would not debar the filing of a consumer complaint for repairs.

The Appuswami family had filed an architect's report setting out the scope of the repair work. Accepting this report, the Forum directed the society to grant permission to carry out the repairs. By its order of December 9, 2014, delivered by Presiding Officer S M Ratnakar for the Bench, along with S G Chabukawar, the Forum held that there was deficiency in service, and awarded Rs 10,000 for the mental harassment and Rs 5,000 as costs.

Article referred: http://www.business-standard.com/article/pf/flat-owner-without-legal-title-has-consumer-rights-115010400716_1.html

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Owner of vehicle is not expected to verify the genuineness of the driving license before appointing a driver

Cause Title : Rishi Pal Singh Versus New India Assurance Co. Ltd & Ors., Civil Appeal No. 4919 Of 2022, The Supreme Court Of India Date of Judgment/Order : July 26, 2022 Corum : Hemant Gupta; J., Vikram Nath; J. Background the truck owned by the appellant met with an accident. The owner deposed before the court that before employing the driver, he had taken his driving test and that he was driving the vehicle satisfactorily and  that the driver was employed with him for 3 years before the date of the accident. He produced his driving license. This was reaffirmed by the driver who deposed that the driving license was obtained from the driver and it was issued from Nagaland, but no such license was produced on record. Both the Motor Accident Claims Tribunal and the High Court have held that the owner has alleged that the driver had a driving license from Nagaland but the same was not produced and therefore, the Insurance Company is entitled to recover the awarded amount...

Person Being Prosecuted To Be Provided With All Relevant Documents

The Delhi High Court, in the case of Poonam Jain vs Union of India & Ors, noted that a person being prosecuted against has a right to be provided with all the material relied upon by the prosecuting agency to prosecute her/ him. In the instant case, a search was conducted at the residences of the petitioners and their statements were recorded and several documents were seized. They were issued show cause notices under Section 276 C(1) and Section 277 of the Income Tax Act, Section 181 of the Indian Penal Code and Sections 50 and 51 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act. They sought to be provided with a copy of their statements and the documents seised. However, the same was denied to them.