Hi , am an owner of a flat in Andheri East & consistently water would seep into my ceiling making it damp & in the past this has happened 2-3 times. On 27th June 2020 around water started leaking from floor above again & damaged my fan, lights & caused a lot of mental harassment to both me as well as my tenant. Builder has written back saying their 3 years of damage clause is over & can only send a person on goodwill basis to get this rectified. ( this they have done in the past as well ) , however the problem persists. Society says this matter is not their look after & best I resolve with person residing above. The person above is citing reasons that due to pandemic, he cannot risk people from outside to carry out repair work in his bathroom & has shut off the water connection in one of the bathrooms. However the water seeped into his tiles continue to seep in through my ceiling & is damaging things further. I have deployed a professional who has done his best to repair the damage, however problem still continues. It would obviously be impossible for me to find a tenant with these conditions resulting in monetary loss. What recourse do I have & what’s the legal procedure I should follow ?
This is a dispute between society members
The society also cannot lay off its hands simply because the seepage is not only damaging your flat but also the building
Since both the society member and society have refused to take steps or are not inclined to take steps, you will have to approach the co operative court and file a dispute case against them and also seek urgent interim reliefs
Society is bound to call upon your neighbour to rectify leakages
2) complain to muncipal corporation against society and flat owner refusal to carry out necessary repairs
3) you can also file complaint against society and flat owner before consumer forum and seek orders to direct society / flat owner to rectify leakages
One needs to write a written complaint to society that you want a bathroom above your flats to get repaired on immediate basis by the respective flat owner. Whatsoever society says ask them given in writing on letter head.
Let it be whatsoever their answer, if it is favorable or non-favorable for you. If its not on your side then make a written complaint against society and the that member to sub-registrar of Co-op Housing society Sub-registrar.
Becuase the society body has to solve the issue at their end for this purpose the society has been formed otherwise there is no issue to form the society.
But the inner flat expenses has to made by respective flats owners.
- As per Bye-laws , Repairing of leakage of the premises is the responsibility of society.
- Further, The Bombay High Court, in a recent decision, has held that a co-operative society is responsible for repairs of a leaking roof.
- If the Society is not taking interest to repair the leakage problem, you can complaint to local BMC ward office.,
- Under section 381 of the BMC Act., it has the power to inspect and then issue a notice to the society, and if no response from the BMC, then you can file a suit in the Court as well.
- You should lodge a written complaint in the office of your co-operative housing society for the same, and if no response then take legal steps as i mentioned above.
You first send them a legal notice if not resolved then file a consumer complaint before consumer court
Please issue legal notice to Society and member who is residing above your flat for repairs.
1. Mete passing of time mentioned in the sale deed doesn't absolve the builder from rectifying the major defects like leak on roof.
2. Therefore send him a legal notice seeking correction of the defect.
3. Ic he doesn't then file a case before the consumer forum.
4. Made the owner of upstairs flat party to the case as well.
5. Seek injunction not to stop repair man to remove the defect in the meanwhile.
You issue a legal notice to the neighbor above as well as to the association mentioning about the problem and demand them to rectify the same immediately or else, you can inform that you will file complaint against both with the local municipality
If there's no reply or response then you can resort to legal action as per law.
You can wait till the end if the pandemic and then do tge repairs. You can vacate the flat and ask the person residing above to come live in your flat. This way there will be no leakage. He may not pay you anything but the structure wouldn't deteriorate till the repairs.
Society is TRUSTEE of the Society building & all common premises.
1. Leakages and any untoward incident /losses /liabilty /whatever.... arising of leakage from upper Floor Flat is the sole Liability of the upper floor resident, under the provision of Society's model bye-law no. 160(b).
2. The above is legally enforceable under the Consumer Protection Act, CPC, IPC, BMC & MRTP Acts.
http://chshelpforum.com/service-charges-of-chs
3. You as the aggrieved person can "FIX" the upper floor members and Society under the aforementioned laws, and more specifically u/s 381 r/w 482 of the BMC Act, where said sections provide for prosecution against the Secretary & persons responsible for leakage, repairs & maint.
4. You have an positive option to file a grievance petition against the Society alongwith the upper floor member, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, cheating etc.... with proper documentary evidences and you can claim damages /compensation & interest for your damages, and for your physical & mental trauma.
Complain to police. This is nuisance created by above resident.
Serve them with a legal notice and than file a specific performance suit against them (builder and society) for getting the problem solved
You can file a complaint with the association. In case they fail to resolve file a complaint with a competent authority.
Regards
Dear sir,
You can issue a legal notice to the Society and the person residing above to rectify the problem otherwise you'll institute legal proceedings and recover all the losses caused due to their negligence. That should make them take the situation seriously, and take appropriate action.
If they fail to comply, you can institute proceedings for mandatory injunction and compensation. However, try your best not to drag the matter to the courts as litigation is a long drawn process and would be inconvenient for you, specially considering that most courts are not functional due to the pandemic.
Dear Sir,
Definitely, this is the problem between you and the person above you and that person must allow the repair work. You may ask the compensation of the damages suffered by you from the person who is not allowing the repair work.
You can send to notice through Lawyer to that Flat Owner contending that repair the leakage within stipulated time and if he denying to do that then you can move to civil court for filing suit of mandatory injunction against that flat owner
1. Send legal notice to owner of flat above your flat and to tenant if owner himself is not residing in the flat for repairing the leakage and recovery of loss suffered by you due to damage flat.
2. If he refuse to get the problem corrected then file suit for permanent and mandatory injunction against owner of flat and claiming damages suffered by your due to leakage of roof.
