Leakage from my flat to the one residing below

sachin potdar (Querist) 14 January 2024 This query is : Resolved
I need help, I have a flat in Mumbai - Mahim West . Few year back I got the bathroom work done and few month post which the leakage occured in the flat residing below me. The secretary of the society and the committee members along with the flat owner residing below me visited my flat and inspcted the leakage. The issue was fixed up by my as per the instructions given to my by the flat owner residing below witnessing the secretary. However the leakage still prevails and the society along with the secretary forcing me to again relook at the other wet patches from where the leakage is occuring. They also did the therman scanning from the flat residing below, as i denied the therman scanning from my place . Thy have imposed that thermal scanning charges onto my bill, which i am ready to pay. Now the secretary has made a complaint to the registrar of society stating I am ignoring the issue. They have not highlighted my side of the repair work done as per their instructions received earlier. I have already spent an amount of Rs. 62,000 for the repair work and the society has imposed additional therman scanning charges to me of Rs. 11,000 which I am paying thru maintenance. Need help as to understand that do i have to get the therman scanning done at my cost? and once the repair work is done as per the society's instructions, then do i have to re-do it?

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Quick Summary

A homeowner in Mumbai is facing ongoing leakage issues from their flat to the one below, despite having already spent a significant amount on repairs. The society secretary and committee are now demanding further investigation, including thermal scanning, and have lodged a complaint with the registrar. The homeowner is seeking clarification on their liability for additional costs and repeated repairs, especially as the original repairs were done under the society's guidance.

T. Kalaiselvan, Advocate (Expert) 14 January 2024
If you are not held liable for the damage then you need not pay anything however if the cause of damage is from your side, then it would be pertinent that you undertake the responsibility to fix the issue.
However since you have already undertook a substantial amount towards the repair charges, you can defend your interest before the deputy registrar on receiving a notice from them accordingly.

Sudhir Kumar, Advocate (Expert) 15 January 2024
you have to put your view point to the registrar.

as appearing from the facts given you and you appear to be solely liable to get the problem fixed instead of cosmetic changes.

sachin potdar (Querist) 15 January 2024
Thanks Mr, Kalaiselvan and Sudhirji

T. Kalaiselvan, Advocate (Expert) 15 January 2024
You are welcome for your appreciations.

Sudhir Kumar, Advocate (Expert) 16 January 2024
furthermore the person can seek remedy against you from SDM under section 133 Cr PC.

sachin potdar (Querist) 17 January 2024
Hello Sudhirji,,,Havent understood the remedy part from SDM. Request if you could elaborate pls

Sudhir Kumar, Advocate (Expert) 17 January 2024
S 133 of r PC empowers DM to pass an order for abatement of nuisance.

P. Venu (Expert) 17 January 2024
"Few year back I got the bathroom work done and few month post which the leakage occured in the flat residing below me ..................."

Admittedly, the leakage has occurred because of the repairs carried out by you. As such, the onus wholly rests with you getting the defect rectified/cured.

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