Seepage on my flat from my upper flat

You should act on this in a practical + legal way simultaneously. Short guidance:

1. Immediate Practical Steps

Send a final written notice (WhatsApp + email + speed post) to:

First floor owner

Builder (if within defect period or common defect issue)

Clearly mention:

Seepage causing damage

Prior complaints ignored

Demand repair within 7–15 days

2. Legal Position (important)

Under nuisance + property law principles, an upper floor owner cannot allow leakage causing damage below.

You can rely on:

Law of private nuisance

Civil suit for injunction + damages

If builder defect (common issue in all floors):

File case under Real Estate (Regulation and Development) Act, 2016 (RERA) for structural defects (within 5 years)

Or consumer complaint for deficiency in service

3. Strong Legal Options

(A) Legal Notice

Send through advocate demanding:

Immediate repair

Compensation for damage

Warning of legal action

(B) Civil Suit

File suit for:

Mandatory injunction → repair leakage

Permanent injunction → stop further damage

Damages → repair cost + mental harassment

(C) Consumer Complaint (if builder issue)

If multiple flats affected → strong case against builder.

4. Evidence (very important)

Keep ready:

Photos/videos (already done ✔️)

WhatsApp chats / notices

Any society complaints

Repair estimates

5. Practical Shortcut (often effective)

Get local plumber/engineer inspection report

Share report + cost estimate in final notice

→ This increases pressure and helps court case

6. If urgency (serious damage)

You can directly file:

Injunction application for urgent repair order

Suggested Strategy (best in your case)

Since all floors affected, this looks like builder defect: ➡️ Send joint notice (if possible with other owners)

➡️ Then go for consumer/RERA case (stronger & faster).                 

Thanks Sir for your valuble reply, my I complain with Local Police Station - please advise

You first of all make complaint with the society, if they are not taking action then you can approach conumer commission to get your grievances redressed.

The police has nothing to do with this civil issue. 

Yes. You shall complain to society if it exists.  Then you can approach the Consumer Redressal Commission.

This case cannot go to the consumer court. A consumer case should have consumer who avails goods and/or services and an Opposite Party who provides goods and/or services at a price. The upper floor member is not an Opposite Party as he is not providing any goods or services to the lower floor member. If there is a Residents Association it could be considered that it provides services to the member. But generally Residents Associations give their services free of charge and not at a price. So they cannot be considered as the Opposite Party under the Act. This is not a criminal case and the aggrieved member cannot go to the police. If the leak is due to defect in construction the builder can be taken to the consumer court.