Leakage in bathroom of upper flat

This query is : Resolved 

24 August 2013

Dear Sir,

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.

Thanks in advance


adv. rajeev ( rajoo )Online (Expert)
24 August 2013

You have to put a pressure on the management.

R.K NandaOnline (Expert)
24 August 2013

send legal notice to owner of flat to correct leakage problem asap.

praveen (Querist)
24 August 2013

I think there are two different opinions given by experts.,which one should I follow?

Devajyoti BarmanOnline (Expert)
25 August 2013

either of the two.

Sudhir KumarOnline (Expert)
25 August 2013

you may agree to either to two or any third option but be sure that he will not repair (even at your cost) till forced to do so.

prabhakar singh (Expert)
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.

ajay sethiOnline (Expert)
25 August 2013

if there is leakage from second floor and no action is taken inspite of repeated reminders then you have to move cooperative court for necessary reliefs .

in the alternative offer to pay 50%^of charges for repairs of the bathroom

Rajendra K Goyal Online (Expert)
25 August 2013

Well suggested by the experts, nothing more to add.

V R SHROFF (Expert)
25 August 2013

Mr. xxxxx
Dear Sir,
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.


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