Upgrad LLM

leakage from my flat (bathroom) damaging below flats ceiling


Dear Sir/Madam,

I own a flat on the 26th floor and have received a complaint from the flat below me that they are facing leakage problem from my flat and that thier ceiling in the master bedroom is getting damanged rapidly. We have an attached Master bathroom in the bedroom.

The building has got its OC in April 2007. On of my well wishers had once suggested that as per ByeLaws, incase a building has not completed 8 years from the date of its OC and there are any leakages observded from the flooring then I will not have to bear the cost of repairs provided the flooring work is not done i.e. its the same as provided by the builder. The work can be done on mutual understanding betweeen me and below flat owner by splitting 50% cost.

Need to know how true it is or any other solution to it. That is how do i respond to the society and what should be the work around.

Second thing is that society is harrassing us for a leakage from the kitchen Nani trap. Way back in Sep 2012 the issue was raised by them and repairs were done by us from the plumber provided by building. Cost of repairs was borne by us. Again after a year they are complaining about leakage. We havent received any complaint from the flat below with regards to this however society keeps complaining that 18th floor is complaining about it. Now my question is that incase there is a leakage from my flat then below flat should be the most affected i,e, 25th floor and not directly the 18th floor.

Need to know that how are leagakes from Nani trap detected and who should carry out the repairs.

 
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sir,
you seem to have done your due deligence with respect to spending for fixing the issue in the past,based on what you had written.. and you have now seem to be a easy target for them to point fingers..if they still pester that the fault is only from yours, have them spend from their pocket to pay for a professional service like plumber to inspect your floor and all the floors above and  confirm that it is indeed from you and tell them you need a official copy of the same to move forward with any fix forward..

 
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Good. But what about the 8 years clause. Does it exist?
 
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not sure what OC mean..but it is usually 1 yr from date of handover as a warranty period for newly constructed flats from builders.

 
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OC is Occupation Certificate... Construction warranty upon purchase is just 1 year? Isn't that weir? You pay lakhs of rupees for a good construction n it warranties only 1 year.... Can some one verify this information as i will have to make an informed decision regarding this .
 
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Scientist/Engineer

You have not stated in which State and in which city you are? Also please tell us whether it is a registered Society, what type of Society it is, that is whether it is a Co-operative Society or any other form of Society.
 
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I'm based at Mumbai, Maharashtra. It's a cooperative housing society
 
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Business

Unless it has been specified in a contract relevant , the Consumer Protection Act specifies a limitation period of two years, as far as I can recall presently. That is, if a product / service suffers from a deficiency proceedings in Consumer Forum can be initiated within such period.

 

Builders are covered in the Consumer Protection Act.

 

So, weird as it may sound, that is what the law is. Unless you have a contract to the contrary.

 
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Scientist/Engineer

If you have done nothing in your flat that could have resulted in the damage or leakage, the work on all boundaries of your flat are that of the Society. Boundaries are outer walls, common walls between flats, floor and ceiling. You need not have done the work in the kitchen. As for leakage from your floor to the lower floor, it is also the responsibility of the Society. You and the lower floor member or either of you alone can write to the Society to repair it. If they do not take action go to consumer court against the Society. You pray to the consumer court to make the Society pay you compensation for the inconvenience suffered until the Society repairs the leakage. That will bring pressure on the Society to do the work.
 
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Business

I always thought problems such as these were the responsibility of the house from where the leakage etc was occurring due broken pipes etc, not of the Cooperative Soiciety.

 

So actual case / law citations would be appreciated. Thanks.

 
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