Leakage problem in Below flat
I am owner of UpperFlat A201 and there is leakge in below A101 LowerFlat
1)In March 2019, BelowFlat A101 owner sent photos of leakage in his house in master bedroom where (central location of the ceiling where ceiling fan is fixed) to owner of UpperFlat A201
2) Owner of A201 took cognizance of the issue and discussed the matter with owner of A101 and discussed how to address the issue.
3) A101 owner informed A201 owner that he had discussed with the society multiple times and they said it's internal leakage and the parties have to address it on their own.
4)The issue was again discussed between A101 and A201 and they decided and mutually agreed to get the work done and share the expenses equally between A101 and A201 because the issue had occurred due to structual problem and it was natural.
5) Owners of A101/A201 started to look for waterproof personnel to do the work.
6) A101 mentioned to A201 that he discussed with few waterproof personnel but was not happy with their response.
7) On March 29th 2019, A201 found one waterproof personnel and discussed the quotation given by him with A101 and A101 agreed to go ahead with the repair work.
8) The work was done in the attached bathroom of Master bedroom of UpperFlat flat A201.
9) In April 2019, After few weeks time, A101 transferred Rs.1250/- to A201 when he was satisfied with the work done.
10) After about 3 months time during July 2019 when there had been very heavy rainfall and the in Pune,LowerFlat A101 contacted UpperFlat A201 and informed that dampness was again observed at the same location in his flat.
11) A201 asked the concerned waterproof personnel to visit and check, he did further repair work of solution injection in his A201 Master bathroom and the proof was also shared with A101 owner.
12) It was observed that the leakage problem was still there and A201 highlighted to A101 that the root cause for leakage could be somewhere external. A201 also informed about leakage in his 2nd bedroom to A101. The same problem was observed in flat A301 bedroom as well.
13) Owner of ThirdFloor A301 informed A201 that he also checked with some waterproof personnel about the problem in his flat and they highlighted that the whole wall has external cracks and it is due to water absorption/ seepage during to heavy rains that this problem has occurred.
14) Now current situation is that leakage is observed in A101, A201 and A301
15) A101 has issued a society notice to A201 via Society body to get the repair work done in UpperFlat A201 as soon as possible at hos own cost. Notice, also mentions that as per society rule, upper flat owner should get the leakage repair work done at his own cost. Till now UpperFlat A201 and LowerFlat A101 were not aware of such a society rule
Notice has also blamed and held A201 responsible for faulty repair work done and that any damages that may occur in future will be responsibility of A201 UpperFlat
Question -
1) What are next steps which the owner of A201 should take in this scenario??
i.e. how to respond to the notice issued to him by the society??
2)Is the society rule of bearing entire leakage repair expenses legally binding on A201 even when the leakage has been caused due to structual problem?
3)A201 has been cooperative and has willingly supported in getting the repair work done so far. But now it seems to be an external problem which the society has to fix?
4) How to prove to society that the problem is external and then how to get it repaired from society?
5) Or Should A201 go to another waterproof personnel recommended by society and give another shot at the repair work in his flat? In that case, since this is internal work done on common ceiling/floor between A101/A201, how to get the 50% expenses recovered from A101?
6) Or Should A201 go to another waterproof personnel recommended by society and give another shot at the repair work in his flat? And bear the entire expenses himself? And what if this doesn't fix the problem?
