1)In March 2019, below flat B304 owner sent photos of leakage in his house in master bedroom where (central location of the ceiling where ceiling fan is fixed) to owner of B404
2) Owner of B404 took cognizance of the issue and discussed the matter with owner of B304 and discussed how to address the issue.
3) B304 owner informed B404 owner that he had discussed with the society multiple times and they said it's internal leakage and the parties have to address it on their own.
4)The issue was again discussed between B304 and B404 and they decided and mutually agreed to get the work done and share the expenses equally between B304 and B404 because the issue had occurred due to structual problem and it was natural.
5) Owners of B304/B404 started to look for waterproof personnel to do the work.
6) B304 mentioned to B404 that he discussed with few waterproof personnel but was not happy with their response.
7) On March 29th 2019, B404 found one waterproof personnel and discussed the quotation given by him with B304 and B304 agreed to go ahead with the repair work.
8) The work was done in the attached bathroom of Master bedroom of flat B404.
9) In April 2019, After few weeks time, B304 transferred Rs.1250/- to B404 when he was satisfied with the work done.
10) After about 3 months time during July 2019 when there had been very heavy rainfall and the in Pune, B304 contacted B404 and informed that dampness was again observed at the same location in his flat.
11) B404 asked the concerned waterproof personnel to visit and check, he did further repair work of solution injection in his B404 Master bathroom and the proof was also shared with B304 owner.
12) It was observed that the leakage problem was still there and B404 highlighted to B304 that the root cause for could be somewhere external. B404 also informed about leakage in his 2nd bedroom to B304. The same problem was observed in flat B504's bedroom as well.
13) Owner of 504 informed B404 that he also checked with some waterproof personnel about the problem in his flat and they highlighted that the whole wall has external cracks and it is due to water absorption/ seepage during to heavy rains that this problem has occurred.
14) Now current situation is that leakage is observed in B304, B404 and B504
15) B304 has issued a society notice to B404 via Society body to get the repair work done as soon as possible at hos own cost. Notice, also mentions that as per society rule, upper flat owner should get the leakage repair work done at his own cost.
Notice has also blamed and held B404 responsible for faulty repair work done and that any damages that may occur in future will be responsibility of B404
Question -
1) What are next steps which the owner of B404 should take in this scenario??
i.e. how to respond to the notice issued to him by the society??
2)Is the society rule of bearing entire leakage repair expenses legally binding on B404 even when the leakage has been caused due to structual problem?
3)B404 has been cooperative and has willingly supported in getting the repair work done so far. But now it seems to be an external problem which the society has to fix?
4) How to prove to society that the problem is external and then how to get it repaired from society?
5) Or Should B404 go to another waterproof personnel recommended by society and give another shot at the repair work in his flat? In that case, since this is internal work done on common ceiling/floor between B304/404, how to get the 50% expenses recovered from B304?
6) Or Should B404 go to another waterproof personnel recommended by society and give another shot at the repair work in his flat? And bear the entire expenses himself? And what if this doesn't fix the problem
