Heavy leakage from upper flat

Yeshu (Querist) 06 January 2021 This query is : Resolved
Sir
I am staying in Mumbai in conveyed housing society
Because upper flat owner shifter their kitchen to bedroom & bedroom to kitchen & made many illegal addition / alteration
Since 5 years there is heavy leakage from upper flat to me bedroom, kitchen, toilet & utility place
Requested many times to upper flat owner but they are arrogant & refused to repair it
In meeting also upper owner threaten me that they will break their floor tiles to make heavy water leakage thus making us difficult to go to toilet
I adjusted many years as I used to repair & gave flat on rent, many months in between my flat went without giving on rent because of leakage
Now I plaster ceiling & got whole flat painted but after completion of painting they purposely made heavy leakage in my flat damaging color, ceiling & walls & now its unbearable & cannot tolerate further
Society committee is has helpful people but upper flat owner will never get it repair not will allow society committee to enter the flat for inspection
I am planning to write letter to upper flat owner, society, Dy.Registrar, BMC & Police station

My query is
1) is there any sequence to write to above authorities
2) what should I perticularly mention / highlight in my letter to police & BMC
3) How much time it would take to resolve this problem, any other ways to solve this immediately
4) what & how much compensation I can demand as could not give flat on rent & harassment, can rent & harrassment compensation be recoverable
5) Who (Government body) can order to restore back their kitchen to original location & other alteration made by them
6) Any other suggestion

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Quick Summary

A Mumbai resident is facing persistent, heavy leakage from their upper flat due to illegal alterations made by the neighbour. Despite numerous requests and recent repairs to their own flat, the leakage continues, causing significant damage and distress. The resident plans to contact various authorities, including the Dy. Registrar, BMC, and Police, and seeks advice on the correct sequence, specific points to highlight, resolution timelines, compensation, and potential orders to restore the original flat layout.

Isaac Gabriel (Expert) 06 January 2021
File a petition in the consumer commission against the society, deputy Registrat,seeking compensation and rectify the mistakes noted by you.

Dr J C Vashista (Expert) 08 January 2021
Some facts posted by you such as heavy leakage for the last 5 years are unbelievable.

It is better to consult and engage a local prudent lawyer for appreciation of facts and professional advise .

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