Leakage in flat through water pipeline from duct area
mishti
(Querist) 20 February 2016
This query is : Resolved
I reside in a co-operative housing society in Pune. The walls adjoining the commom duct area are leaking badly including the ceiling and the floor in my house. I had a look at the duct area through a window opening and saw that water is flowing out of the pipe
We complained about this to the committee. The sent a plumber to common duct area to review and he said that the upper floor owner has made some alterations in the pipeline in duct area which was not done properly and is causing the issue. As this was done by upper flat owner, committee said that the upper flat owner needs to rectify this. The committee and myself even told the upper flat owner about this. Initially he didn't obliged. Now he keeps on giving excuse that he will get it done in 2 days, but his 2 days never comes.
This situation is there since past 6 months. Let me know if
1) I can take a legal action against the owner or some other better channel.
2) Does this case comes under the jursidiction of consumer court or some other court needs to be approached.
3) Can I file the case against the society instead of the upper flat owner, if the former is easier and speedy, as for me the water is flowing out of the pipeline in common duct area. It logically doesnt matter me if it is caused by some upper flat owner or something else.
4) Can I also claim for the damages done in my flat? As no action is taken from comittee and the flat owner in past 6 months.
Thanks in advance.
Raj Kumar Makkad
(Expert) 20 February 2016
1. Yes.
2. Cooperative Court, if the same exists in your ar otherwise civil court. A complaint to the registrar can also be made prior to moving to the court.
3. You should not leave the actual problem creator rather should implead both.
4. Yes.
Hemant Agarwal
(Expert) 21 February 2016
1. Repair & Maintenance of the common duct area, is the responsibility of the Society.
2. Filing a appropriate Complaint before the local Consumer Court, against the Society, would solve the problems.
3. Also make a written complaint to the local civic authority (PMC /BMC) about the leakages, who would file criminal case against the Society and the other member.
Keep Smiling .... Hemant Agarwal
http://www.maharashtra-society-help-forum.com
Rajendra K Goyal
(Expert) 21 February 2016
1) Try to get it done by the society and the bill be raised against the owner of upper floor. It it is not done send notice to both/
2) You can approach co-operative court.
3) Yes you can.
4) Yes you should.
mishti
(Querist) 21 February 2016
Thanks all for your valuable comments. I have few more questions as below:
1) Is co-operative court just for complaints against housing society. Or it also addresses direct leakage complaints raised against owner of other flat in the society. Am asking this as I also have other leakages in my flat which are caused by the owner of the upper flat from the washroom area.
2) Usually how long it takes for a simple case in Co-operative court to be resolved. I am a complete layman so have no idea on this. Does it take years to get resolution?
3) Can we re-present ourself in co-operative court as we do in consumer court, or the case has to be presented through a lawyer? Is there any guideline available on the procedure for raising complaint in co-operative court?
Thanks in advance.
mishti
(Querist) 21 February 2016
Changing the status back
mishti
(Querist) 22 February 2016
Any update on the above guys?
Rajendra K Goyal
(Expert) 22 February 2016
Court cases are time and cost consuming, can not predict regarding time taken in decision.
You can represent your case in person.
