• Leakage from Top Floor

Hi ,

We Live on 11th Floor of a building and we have leakage in one of our Bathrooms due to issue on 12th floor of the same building. We have requested them to make necessary changes but they have not been co-operative at all . Society refuses to come in between and our leakage problem is getting worst.
Can you please tell us what legal options do we have
Asked 4 years ago in Civil Law

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10 Answers

Sir/Madam,

You may jointly put in money and then get it repaired. The problem seems to be technical and should be resolved mutually. The society can do nothing in such a case.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

Sir if it is an internal lekar serve the flat owner with a legal notice along with a copy to society to repair within stipulated time.

If the flat owner fails to repair then firstly lodge a complaint with BMC for nuisance on leakage under section 381 BMC act the BmC shall take action.

Further a civil suit and madentaory injection can be filed against the owner in civil court as there is damage caused to your property due to his negligence.

Section 381 BMC act.

[2] [(1) (i) For the purposes of this section a nuisance shall include -

(a) any pool, ditch, tank, well, pond, quarry-hole, drain, water course or any collection of water; or

(b) any cistern or other receptacle for water or any article or thing capable of collecting rain water during the monsoon season whether within or outside a building; or

(c) any land on which water accumulates or is likely to accumulate; or

(d) any premises or any part of any premises occupied, or unoccupied, or under construction, reconstruction or demolition; which in the opinion of the Commissioner is, or is likely to become a breeding place of mosquitoes or which is, in any other respect, a nuisance as defined in clause (3) of section 3.

(ii) The Commissioner may, by notice in writing, require the person by whose act, default or sufferance, a nuisance arises, exists or continues, or is likely to arise, and the owner, lessee and occupier of the land, building or premises on which the nuisance arises, exists or continues or is likely to arise or any one or more of such person, owner, lessee and occupier, to remove, discontinue or abate the nuisance by taking such measures and by executing such work in such manner and within such period of time as the Commissioner shall prescribe in such notice.

(iii) The Commissioner may also by any notice under clause (ii) or by another notice, served on such person, owner, lessee and occupier, or on any one or more of them, require them or any one or more of them, to take all steps requisite or necessary to prevent a recurrence of the nuisance and may, if he thinks it desirable, specify any work to be executed or measures to be carried out for that purpose, and may serve any such further notice notwithstanding that the nuisance may have been abated or removed if he considers that it is likely to recur:

Provided that if at any time within four months from the date of the service of any such notice, the nuisance recurs through the failure of the person or persons upon whom such notice has been served to comply with the requirements contained in such notice, such person or persons shall be liable without any further notice to the penalties provided in this Act for offences under this section.

(iv) Where the nuisance arises or exists or is likely to arise or recur in connection with the construction, reconstruction or demolition of any premises, or any part of any premises, the Commissioner may in addition to serving any notice on any one or more of the persons mentioned in clause (ii) serve any such notice on any architect, contractor or other person employed to carry out such work of construction, reconstruction, or demolition and also on any sub-contractor employed by such contractor or other person, or any one or more of such contractor, person and sub-contractor.]

(2) If [3] [any person who, by a requisition made under sub-section (1), is required] to fill up, cover over or drain of a well, delivers to the Commissioner, within the time prescribed for compliance therewith written objections to such requisition, the Commissioner shall report such objections to the [4] [Standing Committee] and shall make further inquiry into the case, and he shall not institute any prosecution under section 517 for failure to comply with such requisition except with the approval of the [5] [Standing Committee], but the Commissioner may nevertheless, if he deems the execution of the work called for by such requisition to be of urgent importance, proceed in accordance with section 489 and, pending [6] [ [7] [the Standing Committee] disposal] of the question whether the said well shall be permanently filled up, covered over or otherwise dealt with, may cause such well to be securely covered over, so as to prevent the ingress of mosquitoes, and in every such case the Commissioner shall determine, with the approval of [4] [the Standing Committee], whether the expenses of any work already done as aforesaid shall be paid by such [8] [person], or by the Commissioner out of the municipal fund or shall be shared, and, if so, in what proportions.]

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) complain to secretary of society against flat owner of 12 thfloor

2) society is bound to direct flat owner to rectify leakages

3) if society refuses to take action file complaint against society and flat owner for deficiency in service before consumer forum and seek orders to direct society to take action against flat owner

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Issue notice to the opposite party as well as the society demanding them to rectify the issue and also giving warning to file a suit for damages in case fail to do so, you are at liberty to file suit against opposite party

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

1. Society ought to intervene as leakage in any part of the building affects the structural stability and integrity of entire building and not just your flat

2. You need to make a complaint against the society's inaction and the particular member who is not carrying out necessary repairs to stop the leakage

3. Society has no business to say that since your flat is being affected, that they are not concerned

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Please get one legal notice issued to him to start with. If he is not doing anything even after legal notice, then file a case for repairing and damages.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

In your case, you'll have to serve a legal notice to your neighbours to make the necessary changes as it causing great losses to your private property, also state that you'll take legal action against him, if he fails to make the required repairs within a stipulated period of 2 weeks.

If he still fails to do the needful, you can file a civil suit for damages against your neighbour.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Dear Client,

Complain to municipal corporation (BMC).

Issue have to resolved by society, If it`s not taking charge, complain to registrar for dissolution of society.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can notify the society in this regard in writing and seek their assistance to rectify this issue for which you can agree to cooperate with them in all the possible manner.

If there is no response from the society then you may issue legal notice to both the society and the upper floor neighbor about this and instruct them to rectify this issue failing which you may approach the local civic body for relief and remedy.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You can do the following:

1. Send them a legal notice and 'cc' it to the secretary of the society;

2. Then you can also file a complaint to the Registrar of Societies;

3. If the problems still persists then approach the police station and take assistance of them in making the 12th floor owner repair the leak.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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