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Deepak Ramteke (GM)     18 July 2013

Society / flat leakage from above floor

Dear Sir,

I would like your legal opinion on the leakage in my 7th floor flat, i.e. water leakage in my two bedroom, the root cause is the bad construction work done by the builder poor quality of contruction work done in bathrooms. The bathroom water is leaking in my both bedrooms. This problem is going on for the day i took possession of my flat. Intitally builder promised to repair it, but he never carried out any repair work. Now the society is formed, and the builder is asking us to raise it with the society.

 

I have being discussing this issues with the 8th floor flat owner, he is very polite to talk to, but always finds excuses if i talk about getting it repair asap. Finally in the month of May 2013, the owner agreed since he was going on a long vacation, and I somehow got a contract to repair it. I paid for all the repair expenses, but the problem was not resolved.

 

Once again I consulted 4-5 contractors specialized in waterproofing job, and they did advise me on how to fix it. But the owner of the above flat is not responding to my multiple mails, nor is willing to give time to meet with the contactors, quoting reasons like he is busy, travelling, work commitments, etc. Till the owner doesnt agree to meet the contactors and agrees for repair work, we cannot do anything. I have all the mail communication where i have postpone contracts visit and got an appointment only to know at the last moment that he is going out for his work.

I have raised this issue with the society twice (via email), but the society is ignoring it since they do not want to get involve in it and are saying that it is internal leakage hence both the owners should sit and resolve it.

 

Please advise me-

1. Can i send a legal notice to the 8th floor flat owner for not agreeing to carry out repair work

2. Is the builder still liable for the bad construction work done (since it is below 5 years old construction)

3. is the society responsible to address and resolve such issues?

 

I am looking for a good lawer, who can help me file a legal case against the builder, 8th floor flat owner and society for not talking any aciton.

Thanks in advance.

 

Regards,


Deepak Ramteke



Learning

 7 Replies

BHARTI KOTHARI (practising advocate)     18 July 2013

U can giive legal notice to 8th floor owner to get it repair at his cost. U can also gv notice too society. And can file cheating case againstvthhe builder.

2BHelpfull (Other)     18 July 2013

Builder is liable only upto certain period after the building is formed .if u have any written communication with builder regarding leaking problem then it would help u and builder will be bound to repair it.

 

Search from where leakage is comming ,if it is comming from outside wall then its Society Job to get the problem Fix. u can serve legal notice to 8th floor also but it is advisable to first make written complaint to the Society and keep the copy with acknowlegment for ur record.

 

Dalip Kumar Chhabra (Advocate)     19 July 2013

sir,

pleasse make it clear that in which year you purcased the flat. Whether it is society flat , or builders' society. If it is society flat of a coop. society, make written request to the management committee, with all details of deficient and bad construction, with request to get it ratified at their own cost, with a copy to Registrar Coop societies .

 if it is builders' society. First verify whether he is a regsitered govt. approved contractor or private builder. If registered govt. contractor, give notice to him regarding poor quality of the work with request to get it ratified, with copy to the concerned department to complain his conduct with another copy to the concerned police station for information.

and if your communcation is not more than two years old , you can filed complaint with consumer courts, certainly within 2 years of your first communcation. But since it is persisting and continuing wrong , you can also opt for the same now , 

if the leakage is of such a nature that it is only due to poor construction /manufacturing defects- first try to reconcile the matter amicably .. and than opt for legal notice to the owner concerned of upper floor with request  either to get it ratified himself or allow you to ratify the same, within certain prefixed notice period- failing which you can opt for civil court and criminal courts, as well.

    thanks

Deepak Ramteke (GM)     22 July 2013

Thanks for your advise sir, I have filied a writtern complain with society, and sending written communication to the 8th Floor owner with my suggesiton that I am willing to pay 50% of the expenses, I plan to send it once again in two weeks time, in case they do not respond and do not agree on next step, I will initiate legal steps.

 

I will consult you for your services at the time of sending a legal notice.

 

Thanks and Regards,


Deepak Ramteke

Deepak Ramteke (GM)     22 July 2013

Dear Sir,

 

Thanks for your advise sir,

 

To clarify - the property is 4 years old, I took the posssession of my my house from the builder in Jan 2011. I did give him a written complain on the lekage, but i never kept a copy of the same.

Since the society was formed, the builder is not willing to take any ownership, and asked me to consult the soceity.

The problem may be because of poor construction/manufacturing defect, but in last 8 months, the problem has increased 10times, and most of the contracts who have visited the site did suggest that it may be because of pipe lekage at inlet or outlet, which do happen with time.

 

I have filied a writtern complain with society, and sending written communication to the 8th Floor owner with my suggesiton that I am willing to pay 50% of the expenses, I plan to send it once again in two weeks time, in case they do not respond and do not agree on next step, I will initiate legal steps.

 

I will consult you for your services at the time of sending a legal notice.

 

Thanks and Regards,


Deepak Ramteke

Nagaraj (T Consultant)     17 November 2013

Hi Deepak,

 

The situation you are facing is the same i am facing. Has the leakage been fixed? Who has borne the cost of repair.

 

Dear Community,

Why does the Society not get into resolving such issues. They ignore the issue, which not only results in loss of faith on the society  and finally the structure also will get damaged.

Also, when there are such issues, though the affected party might agree to pay, who will pay for the damage created due to seepage and also the damage to the lower flats due to repair. This is ignored always.

 

In my case, i have been requesting the above flat owners to get the bath room repaired (2 bathrooms), however the seepage never stops, which has damaged the paint and recently they started a repair, drilled holes through roof and not closed, pending repair completion.

Need the teams advise and direction, reference the sociecty and the flat owner who is reluctant to carry the repairs in the 2 bathrooms.

Regards,

Nagaraj

Gomes Agnelo (Home based)     31 August 2014

Sir,
Leakage on top of toilet ceiling seeping from the bathroom of the top floor due to structural renovation

We have submitted a written complaint to the Managing Committe of the Coop Hsg Society in mumbai for the seepage / leakage due to the major structural renovation on the top floor. We had painted the flat and after the top floor renovation, sever damage has been caused to the painting due to the continuous leakage. The side walls in the hall also gets dampened apart from the toilet ceiling. 
It is over a year, but the nothing much seems to have done by the managing committee. We have submitted a second written complaint letter for the managing committee to intervene and look into the matter. We have also verbally informed the top floor member about the leakage caused due to renovation done at his flat.
kindly advise us the right procedure and the source to approach to get the long pending matter solved.
Thanking you,
Gomes


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