Managing committee hasn't responded to several complaints

I had bought a ground floor flat in Vasai (east) in 2007 of carpet area admeasuring 520 sq ft andu00a0 an additional 400-sq ft garden behind my house (only for my use).

Now I want to install a water tank in the garden. But the society has objection to it. Can they do that? Also, can the society object to putting up a shade in the garden? The society wants me to get permission from the nagar parishad. Ajay

As per the provisions of law, a flat is defined as a separate and self-contained set of premises. The builder has no authority to sell common areas and amenities appurtenant to the premises.
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Areas like garden, open terrace, open car parking, stilt space are part and parcel of the common areas and amenities.

The same has also been confirmed by Supreme Court in the recent judgment delivered on August 31, 2010 by Justices R M Lodha and A K Patnaik in Civil Appeal No 2544 of 2010 in the case of Nahalchand Laloochand Pvt Ltd.

(Appellant) vs Panchali Co-operative Housing Society Ltd. (Respondent). The judges agreed with the findings of the Bombay High Court. In fact, there is no provision in law whereby a builder can sell common areas and amenities. Every flat purchaser has to pay for the common areas and amenities.

Clause No 2 of the Maharashtra Ownership Flats Act clearly stipulates that a certain percentage of the amount is to be paid by each and every flat purchaser for the common areas and amenities. Builders do not sell such areas, but they merely issue a letter of allotment for such areas.
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The remedy for purchasers like you is against the builder and not the society. Try to settle out the issue with the society The society has the right to object to the installation of a water tank or the affixing of shade by you.

I am a member of a cooperative housing society. The managing committee has not replied to several of my complaints pertaining to internal damage to my private property perpetrated by the contractor.

The damage was were done while dismantling the external plaster during the heavy showers in July, which resulted in damaging not only the internal walls and beams but also the furniture and fittings. My complaints to get the damage repaired from the contractor failed.
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Can the contractor or society cause leakage and damage to my flat's internal walls, fittings and furniture? Is there any court judgement? Can the society pay the contractor despite my objection? Mahesh Khanna

The submissions being made by you are bona fide. The contractor is the representative of the society. The society is bound to the acts of the contractor on the basis of the principles of vicarious liability.
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According to the provisions of bye-law no 160(a), repairs like external leakage have to be carried out by the society at its own cost.

The Bombay High Court in Writ Petition No 7231 of 2002 in the case of Humble Home CHS Ltd vs Shri Sham Balani & Mrs S N Shetty have held that terrace repairs is the responsibility of the society.

If the contractor appointed by the society does not carry out the work properly then both the society and the contractor are liable.

If the society and/or contractor is not replying to your submissions, then you should knock on the doors of consumer courts or co-operative courts.