Ask for written inspection report
2) verbal reports have no value
3) ask structural auditor to inspect your flat and flat below yours and based on his report take necessary action
Can the society blame me for down floor seepage without solid proof
I live in a housing society in Noida, governed by CGEWHO (Central Government Employee Welfare Housing Organization). Since October 2022, the down-floor neighbor has tried to pin the blame for her home seepage on us. I live on the third floor, she lives on the second floor (exactly vertically down to our flat). Multiple plumber visits have happened, and we have allowed for grouting to be done in January 2023. The lady has tried bringing in more plumbers, which we allowed till a point when her daughter crossed ethical boundaries with my mother. That's a different story. A few days later, the downstairs flat owner roped in the society to communicate on behalf of her, by filing a complaint. We have been conversing with the Society Secretary since late June 2023. The Secretary claims that a team of 3 workers (plumber, electrician, etc) visited the downstairs flat, and have "confirmed" that seepage is from our home. When he says confirmation, it's all verbal. It's not like the society handed us a written confirmation report, with say, Infrared Thermal images to back up their verbal claims. Can the Secretary, armed with just this verbal confirmation from his team of workers, force us to carry on major civil work at our unit (this shall warranty destruction of our tiles and kitchen sink surrounding structure). Or do we have the legal right to ask for a proper inspection report (from either the Society or a third party agency) before any kind of civil work is commissioned by us in our unit? For all we know, the fault could be anywhere (downstairs unit, building, or us) [my PoV, feel free to correct from legal purview] The Secretary has also multiple times alluded to Society's Bylaws on "failure of complying". Can he enforce these bylaws, without handing us a proper inspection report, where it's proved beyond doubt that seepage is from our home? What is the law governing such a situation?
Asked 2 years ago in Property Law
Religion: Hindu
7 Answers
If the secretary appears to be biased and misusing the powers by putting any pressure on you without any authentic proof, you may issue a legal notice to the secretary concerned instructing him to refrain from indulging in such illegal activities failing which you may have to initiate legal action against him through appropriate legal forum.
The secretary may be asked to follow due process of law instead of taking law into his hands.
Do I have to bear 100% of the cost required to engage a professional structural auditing company (home inspection company), or may I legally ask for 50% cost offsetting for inspection by the downstairs neighbor? For example, the inspection company asks for Rs 14,000 - may I legally ask the downstairs neighbor to bear Rs 7000 (or 50% of the) cost? My question is just for inspection. I understand if the problem is found at my unit, I would have to bear the complete repair cost (both legally & ethically).
Asked 2 years ago
Both should split the costs for structural auditor
You can demand your neighbor to share the expenses with regard to inspection and repair work too.
You can categorically state that there's no problem in your side, however you are ready to bear 50%of expenses for her sake.
No they need to price it exceptionally before charging you for the same
It's very difficult to find the source of leakage or seepage
Even plumbers may not be able find the source
And so the ordeal and bitterness will continue till the time the seepage stops
The seepage will have to be traced using thermal images or thermography
That doesn't come cheap
As the source of seepage is not known it would be prudent that both flat owners bear 50:50 now
The cost that would add up calling for multiple plumbers & technicians would be covered by just one visit by the team who would perform the thermal scanning to trace the seepage source
If the seepage is not happening from your flat then you can claim the 50% cost from the society. The society will have to be roped in for this arrangement otherwise it shouldn't happen that it raises its hands for the costs once the seepage source is found to be a common area issue
In the event the source is not found then the below flat owner can also file a police complaint for nuisance and annoyance
So in order to avoid all that drama plz go for thermography by splitting the costs 50:50
Another advantage of thermography is that you would not be breaking the wrong portion of your flat. Many a times plumbers claim that the seepage is from a particular point whereas the seepage occurs altogether from another point. So that would save huge costs as well
Dear Client,
It is difficult to say for sure whether the society can force you to carry out civil work without proof, without knowing more about the specific bylaws of your society. However, in general, a society cannot force a resident to carry out major civil work without proof that the resident is at fault for the damage. In your case, the society has only provided you with verbal confirmation from their team of workers that the seepage is coming from your home. This is not enough proof to require you to carry out major civil work.
You have the right to ask for a proper inspection report from either the society or a third party agency before any kind of civil work is commissioned by you in your unit. The inspection report should be conducted by a qualified professional who can identify the source of the seepage and determine whether you are at fault.
If the inspection report finds that the seepage is not coming from your home, then society cannot force you to carry out civil work. However, if the inspection report finds that you are at fault, then the society may be able to enforce its bylaws to require you to carry out the necessary repairs.
It is important to note that the bylaws of each society are different, so it is important to consult with an attorney to understand the specific bylaws of your society and your rights as a resident.
In addition to the legal considerations, you may also want to consider the practical implications of carrying out major civil work in your home. Major civil work can be disruptive and expensive, and it is important to make sure that it is necessary before you proceed. If the seepage is not coming from your home, then there is no point in carrying out civil work in your unit.
Whether you have to bear 100% of the cost of the inspection or if you can legally ask your downstairs neighbor to bear 50% of the cost depends on the specific circumstances of your case. In general, if the seepage is coming from your home, then you will be responsible for the full cost of the inspection and repairs. However, if the seepage is coming from the common areas of the building or from the downstairs neighbor's unit, then you may be able to recover some or all of the cost of the inspection from the other party.
