Jadupati Mathur (Manager Accounts) 31 December 2012

Leakage in bathroom & consequence damage in wall (hall side

Dear Sir

Pl. advise me on the below leakage issue.

1. Date: 28/05/2010, I got possession in the said flat and started living with my family from the very next day.

2. Within two month rainy season start. My wife noticed water soaking in the wall in some places, just above the border tiles of the hall faced wall adjacent to bathroom.

3. After a couple of days the water soaking spared by both vertically and horizontally. Before the rainy season over, the water soaking damage area becomes vertically app. 1 & ½ feet and horizontally total length of the wall. (In all my communication “Wall” means the hall faced wall adjacent to bathroom & surrounding space)

Now the situation is worsed. This is being intimated to Builder as well as Society Chairman & Secratary. I have not received any positive response either of them.

Pl. advise:

1. Who is responsible to make the repair and bear the cost ?. Builder or Society?. Or I have to repair on my own. ?

2. As this leakage is from the begaining, is it attract legal attention against the Builder for the concequence damage of the wall ?. If yes, then what is the process?.

Pl. advise and oblige.

Reply Follow

4 Replies

Advocate Rohit (Advocate) 31 December 2012

if the leakage is from internal portion of the flat, then its the member who has to bear the costs itself or if the leakage is due to water seepage from the flat owner above your flat then you both can share the costs equally.

further, if the said problem is due to bad construction of the building and many members of the building are facing such problmes then all of you jointly approach the builder and ask him to do to do the repair at its costs or divide the costs.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Jadupati Mathur (Manager Accounts) 31 December 2012

Dear Sir

Thanks for your kind reply.

The said problem is due to bad construction of the building and many members of the building are facing such problems.

We have informed the same to the Builder several times but no positive step has been so far. Pl. advice for next step.

Kumar Doab (FIN) 31 December 2012

All affected members may inform the Chairman, Secretary of the society in writing under acknowledgment, citing their individual complaints in detail, narrating previous representations { in person, on phone, by email etc mentioning names, dates etc} and enclose the report of the registered Plumber/contractor/firm for estimate of the repair and needful to be done.

Thereafter all affected members may submit a joint representation to Chairman, Secretary.

Likewise all affected members individually and jointly submit representations to Builder.

Thereafter meet the builder and submit minutes of discussion, under acknowledgment. Build record. All members can issue notice to repair the defects in say…..7days or members shall be constrained to approach a lawyer/law firm and cost of consultation shall have to be paid by builder and also institution of lawful authority, DCDRF, court of law, print and electronic media, consumer help groups/portals etc at his cost and consequences.

If the entire members join hands there are chances that builder shall relent.

If nothing works approach a lawyer and issue legal notice and claim damages.

Valuable advice of learned experts/members is sought.