Leakage repairs - flat
Vimal C Shah
(Querist) 26 November 2020
This query is : Resolved
Dear Sir
I am stating at 9th floor and there is a severe water leakage from above flat. Number of requests are made to the owner of above flat. He got some repairs done but still issue not resolved. My bedroom and bathroom is heavily leaking and may cause strucutral weakness.
Owner of above flat is not taking concrete steps to repair. Society Secretray also number of times requested the owner to get this repaired. In last tow AGMs also , the issue was discussed and still not resolved.
What process can i follow to resolve this issue.
Rajendra K Goyal
(Expert) 26 November 2020
Send legal notice to flat owner and the society.
Otherwise, with the permission of flat owner, society can get the leakage repaired and repairing charges can be taken as per decision of the society / bye laws.
Advocate Bhartesh goyal
(Expert) 26 November 2020
You have to file injunction suit ( mandatory & prohibitory ) against flat owner and society and have to seek relief that water leakage be got repaired either from flat owner or society on their own expenses.
Isaac Gabriel
(Expert) 26 November 2020
Isse notice stipulating time frame and proceed legal action
krishna mohan
(Expert) 27 November 2020
Your society can take up the maintenance and collect from the owner of the flat since deliberate failure on his part to rectify.
Dr J C Vashista
(Expert) 28 November 2020
Is it a cooperative society or some RWA is managing affairs of the society as different laws govern the subject matter?
However, I agree with expert Mr. Bhartesh Goyal, file a suit of permanent and mandatory injunction against upper flat owner/ resident.
It would be better to consult and engage a local prudent lawyer for appreciation & analyses of facts/ documents, professional advise and necessary proceeding.
