I am a resident of Group housing society in Delhi. I reside on the 1st floor of the society and am faced with leakage problem from bathroom from 2nd floor fora long time. I have approached the owner of the flat to get the repairs done but it has not yielded any results.
I have also approached the management of the society nad had several discussion with them to prevail upon the owner of 2nd floor but till date nothing has happened.
Kindly sugget the options and the steps I should follow to get this problem resolved.
25 August 2013
It is a dispute between two members of a cooperative society and should be referred first to society in writing for resolution failing which a complaint should be lodged with Asstt.Registrar cooperative Societies for all reliefs required.
25 August 2013
Mr. xxxxx Dear Sir, Regd POST/AD NOTICE Under the instructions of my client, residing in Flat No 102 yyyyyyy 102, in xxxxxx Society, the flat just below your flat; I have to address you as under: 1. Our client states that, you are the owner - occupier of your flat No. 202 on second floor of the xxxxxx Society building, which is right above the flat of my client. 2. Our client further states that, there is a constant leakage from the bathroom of your flat since last few years into the flat of our client, which has been increasing with time, and now it has increased so much that, the water seepage from your bathroom is now falling in constant drip in front of the bathroom of his flat, which bathroom is located exactly below the bathroom of your flat. 3. Our client states that, due to such heavy leakage, the entire interior decoration in that area of the flat of our client has been badly damaged, and even the paint has come out at the entire place, apart from causing heavy damage to the expensive furniture of our client, kept in the concerned area of the flat of our client, causing a total loss of at least Rs. 3,00,000/- to my client. 4.My client states that, since it is your flat from which the leakage is happening into the flat of our client, which has caused heavy damage to the properties of our client, and hence it is the onus cast upon you by the law of the land to prevent every seepage and leakage from your flat , and therefore our client states that, and it is high time you took concrete action in this regard and caused proper repairing to your flat in order to prevent every seepage and leakage from your flat to the flat below belonging to our client. 5. Under the circumstances, my client through us, does hereby call upon you through us, to Firstly DO cause immediate repair to your flat at your own cost, in such a manner that, absolutely no leakage or seepage should henceforth occur into any portion of the flat of our client from any portion of your flat, at the most within 10 (Ten ) Days from the date of receipt of this Notice by you or the date of knowledge of the contents hereof, whichever be earlier, TIME being the ESSENCE of this Notice, and Secondly Do also pay to our client an amount of Rs. 3,000/- towards the costs of this Notice, failing any of which, my said client shall be constrained to initiate appropriate legal action against you and every occupant of your flat, both civil and criminal, the costs and consequences of each one of which shall entire be at your risk and peril; WHICH FAIL NOT TO CAREFULLY NOTE AND FULLY COMPLY WITH WITHIN TIME.
CAN ISSUE SIMILAR NOTICE TO CO OP SOC, AND IF THEY DO NOT REACT, MOVE REGISTRAR OFFICE/ CO OP COURT/ DAMAGES IN CIVIL COURT