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Anushree Singh (Advocate)     30 August 2021

Leakage issue in flat - legal options?

Hello, I am residing in a Cooperative Housing Society in Malad, Mumbai. I have been facing severe leakage in my flat's balcony roof and for which the society office had advised the owner of the above flat to undertake grouting work in their balcony. It has been 3 months since the complaint was first made and constant follow ups but the owner of above flat keeps saying they will get it fixed in 2 days but no action has been taken. The leakage is causing not only inconvenience but also damaging the flooring and ceiling in my balcony. In fact the area of leakage has increased over time and continues to spread. 

5 days ago society office dropped an email to the owner of above flat with all MC members marked in the email  asking the above flat owners to get it fixed. There still has been no resolution till date. 

I would like to understand what are my options and what can be done to build pressure on the above flat owner to get the leakage fixed at their end. What steps can the Managing Committee take against the flat owner if he keeps defying the issue? Look forward to some good advice / guidance on this. Thank you.


 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 August 2021

you can send a legal notice to the society for immediate action and collect damages from the society/party.

SHIRISH PAWAR, 7738990900 (Advocate)     30 August 2021

Hello, You have to take legal action against the said flat owner. You can send legal notice and later on file suit for damages in civil court.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     30 August 2021

Since other Member and Society is doing only "Lip Service", you are advised to file written complaint with local ward office of BMC, regarding the leakage. BMC will visit, prepare Panchnama and initiate legal action. Keep Smiling .... Hemant Agarwal for CHS Articles /Applications /Videos, VISIT: www.chshelpforum.com

Anushree Singh (Advocate)     02 September 2021

Thank you sirs for your guidance. I will be dropping an email to the society office intimating them that I will be filing a complaint with the BMC if things don't improve in next 10 days. Thank you again.

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