• Neighbour in upper floor not fixing water leakage

Hi,
I stay in Mumbai, Kandivali. And, own my apartment. The owner who stays on the floor above mine is having a water leakage problem. The water is dripping faster now from the ceiling which is attached to his bathroom floor. He had made some fixes earlier, but it hasn't stopped the leakage. Now there's continuous drip and water is entering the electric connections and holders. It is causing high risks to my family, like slipping in bathroom due to wet floor, electric short circuit, etc. I have officially intimated the coop society and they are suggesting I negotiate with him. Isn't this supposed to be a break/fix problem at his home for which he is harassing me since the water leakage is only in my ceiling? What legal choices do I have? What steps should I take?
Asked 1 year ago in Civil Law from Mumbai, Maharashtra
1) you should file written complaint to secretary of the society 

2) if no action is taken by the society against the member you can file complaint against society and member before consumer forum for deficiency in service 

3) consumer forum will direct society to get the leakage repaired 

4) in the alternative you have to move cooperative court against the said member and society 

Ajay Sethi
Advocate, Mumbai
38784 Answers
2174 Consultations

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Issue a lawyer's notice to him to ask him to fix the leakage within 3 days, and if he does not heed to it then file a suit for injunction against him in the civil court,
Ashish Davessar
Advocate, Jaipur
21818 Answers
595 Consultations

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1) Under provisions of Maharashtra cooperative societies act in case of dispute between members of the society cooperative courts shall have Jurisdiction 

2) yiu can also move consumer forum if no action is taken  by society on your complaint 
Ajay Sethi
Advocate, Mumbai
38784 Answers
2174 Consultations

5.0 on 5.0

This is not actionable before the consumer forum as there is no deficiency in service. The remedy is only before the civil court, the jurisdiction of which is not extinguished or curtailed by bye laws of a coop society. 
Ashish Davessar
Advocate, Jaipur
21818 Answers
595 Consultations

5.0 on 5.0

 Isn't this supposed to be a break/fix problem at his home for which he is harassing me since the water leakage is only in my ceiling? What legal choices do I have? What steps should I take?

If the society is not taking any action despite officially communicating them about this problem, you may issue a legal notice to the upper floor owner with a copy endorsed to the secretary of the society.
You may demand to fix the problem immediately or else you would file cases against them before the cooperative court or consumer court against both. 
T Kalaiselvan
Advocate, Vellore
28792 Answers
299 Consultations

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Do coop society bye laws limit the jurisdiction of the consumer forum and the cooperative/civil court in this matter? I am told the society decides (negotiation suggested by them) and bye laws provide them the power to do so over any consumer forum/ coop courts. I am ignorant about the authority of courts over the Maharashtra housing society bye laws in this matter

You can approach either of the court, whether the cooperative court or consumer court.  The consumer court has jurisdiction to try such cases especially which involves the society which is supposed to provide proper services. .
T Kalaiselvan
Advocate, Vellore
28792 Answers
299 Consultations

5.0 on 5.0

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