Co-operative housing society law - leakage from upper flat

Deepak Parmar (Querist) 30 January 2021 This query is : Resolved
Dear Sir/Mam,
I need guidance on Leakage in our flat since 2 months, in bathroom, Kitchen & now reached to Hall. I have requested my upper flat neighbor 2 months back and has been consistency following up with him to repairing in his flat washroom. He has always says, that no need to worry, I will do it, but doing nothing.

His Flat is given on rent. Today I meet society secretary & has requested him that its creating too much stress and the member is just saying that he will do, but doing nothing just giving assurance.

The secretary said that we can not do anything as its internal matter within your flat & leakage may from upper member flat, so you both should solve.

I inform the secretary that I have been calling every third day, and just give assurance.

And now the Leakage has reached to my Hall Area, our secretary said last I can do is that I will call him and will request but other then I can not do anything.

I need guidance what should I do, as I am in too much stress as the member is just giving assurance but doing nothing & now seems society secretary too just giving assurance.

Kindly help on this

My society comes under Navi Mumbai Area

Thanks - Deepak Parmar

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Quick Summary

If you're experiencing water leakage from an upper flat in your co-operative housing society, the owner of the upper flat is generally responsible for repairs, as the source is within their property. While initially seeking a polite resolution is advised, if the owner refuses to act, you can involve the housing society or builder. Persistent issues may require escalating to consumer forums or civil courts, potentially involving legal notices. The society also has a role in ensuring structural integrity and may be involved in resolutions.

kavksatyanarayana (Expert) 30 January 2021
It is already replied to my best. However, complain to the Deputy Registrar of Cooperative Housing Societies of your District or RERA.

Deepak Parmar (Querist) 31 January 2021
Thanks Sir, So I need to follow up with upper Flat Owner which I am doing since last 2 Months & Society has No responsibility in this issue expect requesting to Upper Flat Member

Dr J C Vashista (Expert) 01 February 2021
It is the liability and responsibility of upper floor flat as well as the Society.

P. Venu (Expert) 01 February 2021
You have option to serve a legal notice on the flat owner as well the Society.

Deepak Parmar (Querist) 01 February 2021
Dear All,
Thanks for suggestions, the Owner has visited the society and had assured me that once his tenant leaves the flat he will do the repairing, he also wants me to help find suitable contractor or plumber to do the work as he stays in Mumbai, Same I have updated to our society secretary thru WhatsApp and a Letter that owner is ready to repair,
But I came know thru security that flat is sold and a token amount is taken yesterday evening. I took information from my friends in society and they updated that, the new buyer knows the leakage issue & he has said to my above flat owner to solve the leakage problem, I think that may be the reason the owner of upper flat said that repair will be done but once his tenant leave in 2 weeks. I am hoping for best , Thanks Once again All

T. Kalaiselvan, Advocate (Expert) 04 June 2021
One of the most common problems that residents face is leakage issue from the flat above. This is usually caused due to leaking pipes or absence of proper insulating material in places like toilets and bathrooms
In case there is leakage from above flat, the responsibility to carry out repairs lies with the owner of the above flat. This is because the source of leakage is located inside their property.
The first thing you need to do is talk to the owner of the flat above and ask them to fix the issue in a polite manner
In case the owner of above flat refuses to fix the leakage, you can approach the housing society or the builder to find a solution to the problem. Water leakage will eventually cause structural damage, so such problems cannot be ignored by the building's management committee.
If above steps don't work, you can approach a consumer forum for resolution of your problem.
If the matter is still not resolved, you can file a complaint against the owner of the flat above in a civil court. Your lawyer will first send a legal notice to the flat owner, asking them to fix the leakage within a specified time frame. If the owner does not respond, your lawyer will file a case against the owner of above flat. There have been cases in the past where courts have ruled in favor or homeowners facing water leakage issues. In such cases, the owners of flat above were asked to carry out the repairs at their own expense.

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