Upgrad LLM

water leakage/ seepage from upper floor


I am leaving on first floor in my building. Tremendous water leakage is happening from second floor due to which my both bathroom walls are leaking and now leakage has reached to my bedroom as well. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. Even gallons of water loss is happening due to leaking pipes of second floor every day. Second floor people are very rude and are not taking any actions even after asking so many times. 

Please let me know what action can I take against them.  Can I send a legal notice to them and Can I file civil law suit in court?

Also what are the possible sections under which case can be registered as along with water seepage, mosquito menace and precious water loss is also a problem

 
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CEO

Sir, Please inform: [1] The state of your residence & [2] The status of your redidence, whether a tenant or an owner. Good Luck, Kishor Mehta
 
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Dear Kishor ji,

 

I am leaving in Rohini, Delhi and I am owner of my flat

Looking for you guidance. Thanks

 
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Advocate

You may lodge the complaint with the secretary of your association for taking necessary action in this regard, if this fails to invoke any response, you may issue legal notice to the owner and the secretary after which you can initiate suitable legal action in appropriate legal forum/court.

 
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Lawyer

Is it a DDA flat or society flat in Rohini? Is there a RWA or MC of the CGHS? Since when there is water leakage? What action did you take to stop it??  Did you make any complaint??

What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached  him?

 

 

 

 

 

 

 
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Scientist/Engineer

Please answer all the questions asked. But in general I can say that you are in an unenviable position. You will have to go to a civil court for redressal of your grievances. Give the names of the upper floor member and the Society/Association as opposite parties. They will deny that they are at fault. You will have to bring expert witnesses to prove your point. The whole thing can take ages. A better thing would be as follow. You call qualified engineers, ask them to diagnose the fault, give an estimate and also whether the co-operation of the upper floor member will be necessary for the repairs. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. After finishing the work, you demand the amount from the upper floor member and the Society. Most probably they will not pay. Then you can go to court to claim the amount. If the upper floor co-operation is required, he will not give unless you say that you will not claim the amount from him later. In such a situation you will have to try your own resourcefulness. Good Luck. In a similar case in Mumbai the lower floor member went to the consumer court. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. The decision of the consumer court was funny. They ordered the Society to pay the amount to the aggrieved member. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. The Complainant member carried out the repairs and claimed the amount from the Society. The latter called a General Body meeting and asked the Society members to contribute their share. The members refused to pass the resolution. They maintained that the court order was to the Managing Committee members. What will the Society do now? They have gone on appeal to the State Commission. I do not know what the State Commission will do. In the meantime if the repair was not effective and leakage recurs again who will be responsible? It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. The case can get further complicated. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? Once again my good wishes to the author of this post. If he wants I can give him the case No. and judgment of the Mumbai consumer court.
 
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Sir can i get the case no and judgement. I am having a same issue...but the flat from where there is leakage is mine. I have not made any repairs to my flat since i bought it 8 yrs back. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. I am very conservative with my water usage in my bathroom, still there is a leakage. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. It is the builder who did not take proper care. I think the society or the builder should bear the expense
 
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Sir can i get the case no and judgement. I am having a same issue...but the flat from where there is leakage is mine. I have not made any repairs to my flat since i bought it 8 yrs back. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. I am very conservative with my water usage in my bathroom, still there is a leakage. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. It is the builder who did not take proper care. I think the society or the builder should bear the expense. Pls guide
 
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CEO

For general terrace and leakages from external sources the Society is responsible to get these repaired, however for the internal leakages in the flats, the respective flat owners have to share the expenses. The chain of authorities in case of grievances and complaints are [1] The Managing Committee of the Society, [2] The building department of the local Municipal Corporation, [3] The Consumer griecances fora & [4] The Hon. Civil Court. 

 
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Scientist/Engineer

I see no provision for attaching files here.

 
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