Leakage from flat above legal help
Niteen Vaidya
(Querist) 07 May 2015
This query is : Resolved
Leakage caused from toilet from the flat above.
Cause of leakage is:
either:
1. structural change to toiletabove by adding a shower and creating an outlet through flooring joining to the outlet of the adjoining bathroom. OR
2. Leakage from Indian toilet cistern's outlet to the drainage pipe.
Society Secretary has given in writing that the aggrieved member on whose head the constant leak dribbles can do what he likes as the member from the flat above where leakage originates is non cooperative.
please advise what action can be taken and against whom? once the ceiling has collapsed in the other bathroom already a year ago. How does one deal with this Domicile's sword on ones head when one goes to the toilet? Who should be Approached for recourse?
Kishor Mehta
(Expert) 07 May 2015
Sir,
I presume you are resident of Maharashtra.
Here are the remedies successfully tried in Mumbai:
[1] Take photographs of the damage, these are required as proof of damage,
[2] Write a letter to the member of the flat where the leakage has originated, asking him to get the leakage repaired immediately, send the letter per speed post, as the receipt of the letter is important,
[3] send a copy of this letter to the secretray of the society asking him to mediate and help you, (3a) also ask for a copy of the letter of the member asking for permission for the structural changes and also a copy of the consent letter of the society permitting him to carry on the alterations, also ask whether the member has obtained the necessary permission of the Municipal corporation for structural alterations? & whether he has sumitted this permission to the society? send this letter per speed post, as the receipt of the letter is important,
[4] Send copy of the entire correspondence to the Municipal corporation of your ward, informing them of the structural alterations. Municipal permission is mandatory for any and all kinds of additions/alterations/modifications, submit the letter to the Municipality personally against receipt or send per speed post, as the receipt of the letter is important,
[5] You must have some patience, but if you proceed correctly your problem will definitely be solved.
[6] Two other recourses are quite effective (i) Right to Information & (ii) Consumer Redressal Forum.
I have personally tried and succeeded.
Good Luck,
Kishor Mehta
ajay sethi
(Expert) 08 May 2015
you can move consumer against the society if member refuses to rectify leakages
malipeddi jaggarao
(Expert) 08 May 2015
Good guidance from Expert Kishor Mehta. After adapting these method, you can approach the consumer forum if there is no positive outcome for your efforts.
Niteen Vaidya
(Querist) 08 May 2015
Thank you all for your advise/ guidance I will proceed as suggested by Mr Mehta.
Problems are:
1. The current member claims that alterations were done by his predecessor and he is not responsible for the changes made. and
2. Society has raised its hands in despair saying that the current incumbent and member is not even accepting letters sent by them, hence I should deal with this as I think fit myself!
Because of this the matter has remained in status quo and the leakage continues to destroy the ceiling and the walls of the toilet on the lower floor and is getting dangerous.
Biswanath Roy
(Expert) 09 May 2015
I APPRECIATE GUIDELINES GIVEN BY Mr. MEHTA. FOLLOW HIS ADVICE FOR SUCCESS.
Hemant Agarwal
(Expert) 21 October 2015
1. Make a written complaint u/s 381 of the BMC Act, to the local BMC ward "Designated Officer", against the above floor Flat-Owner and the Society Secretary, for the gross leakage and alterations.
2. The BMC will file criminal case against the above floor Flat-Owner and the Society Secretary, in the Magistrates court.
Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar
T. Kalaiselvan, Advocate
(Expert) 09 May 2015
