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Maria   30 April 2021

Terrace leakage

I live in Mumbai and there is terrace above my flat. During monsoons there is heavy leakage. I have written letters to the society but no permanent action is being taken.I   have repeatedly highlighted to the Society the issue of serious leakages in my flat on account of the terrace surface not having been repaired since last many years, the terrace has developed serious cracks, through which the water seeps during the rains and causes damage to my furniture, fixtures, wall, etc., however nothing has been done to permanently resolve the said issues. I had to do the internal plastering and painting for the fourth time since my occupancy in 2006. I pay my maintenance bills regularly and there is no outstanding against my name.  

I have also written to the Registrar at Bandra and Cooperative Registrar, Pune but in vain. 

1. Since they are just doing water proofing and there is no relief every year and there is still leakage and the monsoon is also approaching - should I do a permanent good work and claim the money from the society? How can I claim? 

Or should adjust the amount. against my maintenance? This how to go about it.

Or you may please advise course of action.


 12 Replies

Pradipta Nath (Advocate)     30 April 2021

If after highlighting your issue it is not solved, please serve them a legal notice that next time onwards you will be bound to adjust from the maintenance cost!

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

1. You have an positive option to file a grievance petition against the Society, in the local Consumer Court, for their illegal trade practice, negligence, deficiency, harassment, intimidation, etc.... with proper documentary evidences and you can claim damages /compensation & interest on your investment, and for your physical & mental trauma.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

Sanjay Narayandas (Advocate)     01 May 2021

I agree with both the experts. First serve a notice with time period and then if they don't comply, you can approach the consumer court.. 

1 Like

Dr J C Vashista (Advocate)     01 May 2021

Besides consumer complaint as advised by expert Mr. Hemant Agarwal, you have another option of seeking permanent and mandatory injunction, compensation for damages by instituting a suit in civil court. 

1 Like

Sankaranarayanan (Advocate)     01 May 2021

i do agree with experts

Kishor Mehta (CEO)     01 May 2021

[1] Submit a complaint to the Building & Factory department of the MCGM of your area, [2] Get an estimate of repairs from a reliable contractor and issue a notice to the managing committee of the society, attaching a copy of the estimate, stating that if the society does not make arrangments for the repairs of the leakage you will do so at your cost and the society will have to reimburse the cost to you. [3] Approach the consumer grievance forum if the society fails to reimburse the cost of repairs. [3] Under no circumstances you can arbitrarily adjust your cost of repairs from the amount of maintenance, that will render you a defaulter.

T. Kalaiselvan, Advocate (Advocate)     03 May 2021

You may have to issue a legal notice to your association demanding immediate action to the consistent problem which recurs every monsoon season.

You may have to demand the association to repair  the same and solve the issue or permit you to do it at your own expense and to deduct the expenses from the monthly maintenance amount collected from you every month.

If the association is not responding or not cooperating then you may drag the association to ther consumer forum for  relief and compensation for the deficiency in service. 

Maria   04 May 2021

Thank you for your guidance and suggestions. 


I would like to know how do I send the legal notice and how much it would cost.

Secondly after sending he legal notice and they do not act what would be  the next course of action.Thanks

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     04 May 2021

1. Send Notice by Speed Post, which might cost upwards starting from 500/-.

2. IF Notice has no affect, THEN file case in Court.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

Kishor Mehta (CEO)     06 May 2021

Your best option is to approach Consumer Court for a speedy remedy. In Mumbai a notice period of 3 months should be given to a co-op. Housing society before filing a grievances complaint with Consumer grievances forum


Maria   24 June 2021

Thank you for your suggestion. I wrote to BMC  Factory and building dept and they have sent a letter to conduct a structural audit. The auditor has surveyed the place and will be giving his report. 

I also lodged a police complaint and for this monsoon the society has done a proper water proofing to avoid leakage. But they are annoyed on me as the Chairman and Secretary had to face the police in the society premises.

Now I understand the Chairman and Secretary have put in their resignation.


T. Kalaiselvan, Advocate (Advocate)     24 June 2021

Thus the suggested actions taken by you in this regard has rewarded you and your problems are solved for now.

You need not be bothered if the president or the secretary or any other office bearers tendered their resignations, you have no concern about it, you have to concentrate on your relief alone.

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