Leakage from top floor


Hi,

I stay in a flat at 2nd floor. I am having leakage in my bedroom (next to a bathroom) which is from the ceiling. I guess this leakage is from the 3rd floor flat owners bathroom. This leakage is from last 3 years. I have written several letters each time to the society but till date no action has been taken. 

Last time we were told to make an official complaint to BMC. The reason for this is the 3rd floor flat owner does not ever allow anyone even from our society (including the members of the society) to enter his house. Every time he gives some reason that he will be out town for next 2 weeks. We have been saying from last 3 years that we are even willing to share the cost of any repair works however he doesn't want to carry any repair works.

Today morning my bedroom was flooded. Many times we have to keep a bucket to collect water dripping from the ceiling. This is now becoming too much (rather unbearable) for me. Everytime we call in a society member to show these conditions and they acknowledge but do not (or are unable) to take any action.

Can anyone please suggest me what to do. Whether should I go to BMC and lunch an official complaint (but my fear is that this might take too long to resolve) or should I go to consumer court or should I lodge a police complaint.

 
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Advocate

Please file a suit for specfic performance against the owner of the third floor, by including the documents and other applications that were filed with the society as proof ,that you have taken all steps before approaching court.


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Dear Sir, Thanks for your prompt reply. May I ask you whether there is any specific court where I need to file the suit.
 
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Advocate

Dear Vaibhav,

It depends of which city/town you reside. This suit is of civil nature and will be taken up by either-  a city civil cour/distrcit court/munsif court/ small causes court.


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Thank you very much for your help and guidance

 
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