Flat owner claims that our bathroom leaks all over their house.
Querist :
Anonymous
(Querist) 20 September 2010
This query is : Resolved
Sir, this is regarding a long standing dispute between us (3rd floor)& the owner of flat on 2nd floor. When we first shifted to the said flat the 2nd floorers demanded that the drainage pipe of our bathroom be repaired as , according to them, it leaked profusely since the previous owner's residence at the said flat. So wishing to avoid a row we immediately had it mended at our own cost. During the very first rains we found that the builder had'nt waterproofed the terrace and virtually the entire celing of said flat including the window niche leaked throughout the rains. This water reached the 2nd floor too in addition to the water splashing the falls of both flats. The 2nd floor owners blamed the leakage on our bathroom flooring. After many years of request to the builder who stays in the same building we had our- side of the terrace waterproofed at our own cost. But due to water from the other section the problem remained unsolved. So now we replaced the paint on our walls with stone tiles to avoid the problem of repainting every year. During this work we also removed a section, of our bathroom flooring, which the mason deemed vulnerable and replaced it after waterproofing. But as the leakage from the terrace had'nt stopped the 2nd floorers continued to complain(and abuse and threaten). In this time the drainage pipe, common to 3rd through ground floor, got clogged at the ground floor and its repair cost was paid by the sharers except the 2nd floores who said that as they did'nt face the problem they would'nt pay a pittence. ALL THIS SINCE IN OUR LOCALITY EVEN THE BEST OF BUILDINGS ARE NOT PART OF ANY SOCIETY. After few years the rainwater problem grew worse and ONLY during the rains the 2nd floorers would shout and scream Injustice & after the rains they would show the other people damp ceiling & blame it on us. Not once in all these years have they been able to prove any leakage save during the rains. Still to end the years long rivalry we agreed to replace the the complete flooring at our cost but the 2nd floorers demanded that the flooring be demolished through to the concrete slab and filled with complete new material & waterproofing. We agreed to this on the condition that they bear half the cost. The mason of their choice was engaged and after making sure that the waterproofing was faultless the flooring was replaced. This work had several disruptions from their side due to which it dragged on for 6 months! Just prior to the starting of the work 2nd floorers had threatended us with dire consequences because of which we filed an N.O.C with the local police station. At the commencement of the work we had agreed to withraw the N.O.C. Eventually the work finished but within one month, with the commencement of rains this year, they were back to abusing & therteaning claiming that the work was faulty. This time they have used some political influence and forced the police into believing that our bathroom STILL leakes! Please suggest an appropriate course of action as we are fed up with this constant menace from the 2nd floorers. The absence of a housing society and unwillingness of other neighboures to stand up to them has only served to compound our problem. Please Help. Regards.
Devajyoti Barman
(Expert) 25 October 2010
Though you can file a suit for injunction against such activates but I think making complaint to the Police and initiating atleat 144crpc proceeding should restrain them in that activity.
