- You have to sue the owner of D408 and your housing association before the cooperative court. Strange the counsel who served legal notices upon D408 and your housing association didn't tell you so. Then what was the purpose of the legal notice?
- You must avoid appointing greenhorns as your counsel. I'm willing to litigate on your behalf as your counsel. However I need an exhaustive consultation session with you first. For that you have to visit me.
- ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)
Top floor owner not addressing bathroom seepage issue
Dear Eminent Lawyers, I have bought a flat in Hyderabad in 2012. My flat is in on 3rd floor and the building has 7 floors in total. In 2015 I found some minor seepage from my 4th floor into my roof. So, i went back to the builder with a complaint. The builder made some grouting repairs and after couple of months take an NOC from me. Starting 2017 the seepage's started in 3 places - 2 bathrooms and 1 kitchen area. However over the period of time the seepage has started increasing and currently one of the seepage is so severe that it has damaged my wood work and also bathroom door. I tried reaching out to the top floor owner but he is refusing to get it repaired. I reached out to Apartment association and they have also not been so forth coming so far. Here is the chronology of evens regarding. Sep - 2017 - Informed association plumber regarding seepage, he came and said seepage was due to bathroom of D-408. Oct - 2017 - Informed owner of D-408 owner regarding seepage issue. 2018 - Kept following up with association regarding seepage issue. Logged multiple tickets for the same. Gave written complaints to association, spoke to secretary and president regarding the same. Jun - 2019 - Sent legal notice thru a lawyer to association and the owner of top floor and all floors till 7th floor. Jul - 2019 - Association appointed a external seepage expert for this opinion. Expert gave his analysis that seepage is from 4th floor owner. Aug - 2019 - Association called for meeting to discuss report, however no Minutes of Meeting were shared. D-408 owner again told that it is not his issue. Request lawyers to provide their opinion on how to go forward with this issue.
Asked 3 years ago in Property Law
Religion: Hindu
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11 Answers
File complaint against association and flat owner before consumer forum and seek orders to direct association and flat owner to rectify leakages
also claim litigation costs and compensation for mental torture undergone by you
Hi, you have no other option you have to file a suit in the Court making Association and owner of the apartment as a party.
- You should give a written complaint before the management of the society , if that problem not solved by the said flat owner .
- If no response, then file a suit before the court for getting direction for the same.
Thank you quick responses eminent Advocates. After numerous follow-ups and a legal notice, i think I have no other option but to approach the court. Which court should i file a suit? Is it a cooperative society court or a consumer court? Also, i understand that I have to make the top floor owner and association as parties? Do I need to make the municipality as a party?
Asked 3 years ago
You can approach consumer forum or cooperative courts for necessary reliefs
top floor owner has to be made a party
Muncipal corporation is not required to be made party
1. Since the lawyer's notice also could not mend him you have no option but to file a suit for injunction against him in the competent civil court.
2. It has to be filed in the court of Civil Judge, not consumer forum. You are not a consumer of top floor owner.
3. The top floor owner alone is to be made a party. You cannot claim any relief against association.
- Before filing a suit , you can approach the Registrar of co-operative society to settle the dispute ,
- If no response , then approach the Civil court for getting direction in your support.
You can drag the owner of the flat who is responsible for this seepage to the civil court seeking permanent injunction against him from restraining you from repairing the damaged portion of the flat and also to direct him to pay the cost that incurred to get the same repaired.
You can implead the association as necessary party to the suit since the flat is situated within the apartment complex.
You can approach cooperative court seeking relief and remedy. You can implead the association as necessary party to the suit.
Since you have not approached Municipality for relief earlier, you may not be able to implead them as necessary party.
Consumer court will not entertain your plea in this matter against the owner. You can against society before consumer court. You can go against owner before co-operative or civil court.
sir
thanks for nicely giving details of the case.
my advice is that you should move your case in district courts against the builder and and owner. for damages and for directions to either repair the floor or demolish it. you can include the local municipal corporation also. you can file the consumer case also against the builder but I guess the limitation may come up as an issue. meet a lawyer and process it now.
good luck
