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Naina   19 March 2021

Leakage issue

We are facing leakage issue in our flat and same is faced by the people staying below us. We are staying on 2 nd floor and the people staying at 1st floor nd ground floor are also facing the leakage issues. Now the problem is that the person staying below our flat( 1st floor) is blaming us for the leakage issue which cannot be true as v also are facing severe leakage issue v are considering probably from above flat but the person staying below is adamant that it's caused by us and harrasing us and picking up fights every now and then. The secretary also answers diplomatically and doesn't try to solve the matter inspite of repeted requests and will only ask us to fix the problem. All in all many people have ganged up against us claming that it's our fault and v should fix it but even v are facing same leakage issue nobody wants to here that. We are just exhausted living like this and frustrated as our mental peace is taken on ride by the person staying below. We want to go in a proper legal way to give him lesson that it's not our fault how to go about this. How to complain and to whom? Kindly guide thanks in advance


Learning

 10 Replies

G.L.N. Prasad (Retired employee.)     19 March 2021

Contact a local advocate and issue notice to the Secretary demanding for settling all the grievances, failing which you have to approach to a consumer forum for deficiency of services if all the mediation efforts failed already.

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Naina   19 March 2021

Also, I would like to add that the person and secretary have sent us notice that according to bye laws of housing society it's our duty to carry out the repairing work but they are not ready to understand that v are also facing same issue and same request we have made to carry out repairing work for above flat but all in vain they are just blaming us

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     19 March 2021

You can approach registrar of residential societies. The Registrar can be compared to the 'friendly neighbourhood Spiderman' that helps society and committee members when they are stuck in an imbroglio, prevents any wrongdoing by greedy middlemen, intervenes when the society is slacking in its duties and without the mask or the costume acts as the legally appointed 

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Naina   19 March 2021

Thank you for your response

Kishor Mehta (CEO)     19 March 2021

In a CHS the leakage problem is to be mutually solved by the members between themselves. In your case it will be prudent to solve the leakage problem amicably between the member residing above you, yourself and the member residing below you. 

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Naina   19 March 2021

I totally agree with your advice but the below person is not ready to do that and wants us only to bear all the expenses and even the Secretary of the society is supporting him which we are clueless why he is doing so.

Kishor Mehta (CEO)     19 March 2021

You may try to repair the probable leakages from your flat, and show the repair work done to the society secretary. Even after this if the leakage to the below flat continues let him get the necessary repair work done at his flat. Society should help in the conciliation process to avoid unnecessary legal disputes.

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Naina   20 March 2021

We have already done the necessary work at our home but still the leakage continues at his house so he is after us to break all the bathroom tiles and change the pipes which according to the plumber from his side has said that they are old and leaking which might cause leakage. I don't understand on what basis the plumber is saying so as if he has xray machine in his eyes through which he can see. Whereas the plumber we had called said that is not the case. But the society secretary not supporting our side due to which we are left with no other option as it has become mental harrasment for us

Srinivas Krishnan   20 March 2021

Please refer to the Model Bye Laws of the Society

Kishor Mehta (CEO)     20 March 2021

You may write a letter to the member residing below you, setting out the details of repairs in your flat and endorse a copy to society secretary, and ask him to get the repairs done in his flat to stop the leakage. 


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