See at this stage you should complaint before the municipal authrity regarding the water seepage and further give a legal notice to the said flat owner. If he on notice fails to undertake the repair file a civil suit claiming damages and direction for him to repair.
Water seepage from the floor above
Dear Sir/Madam - We are really need help as the resident above my falt are not willing to repaire the swarage seepage happening for last 7 to 8 years and as a result we are paniked as continious seepaage is happening at my bedroom. Flat owners did lot of meeting but no out come. I complained to police, officer came and ask them to repaire, agreed but not doing. This became a night mare for us. We need genuine guidence as civil suits may take more time without appropriate section etc. We shall be grateful forever if anyone give us a kind solution to this problem. Thanks and regards, Sandip Banik
Asked 7 years ago in Civil Law
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13 Answers
1)complain to society regarding seepage from flat above
2) if no action is taken complain to municipal corporation against seepage into your flat and failure of society / flat owner to take action
3) you can lastly file case against society and resident before cooperative court
continuous seepage not only is damaging your flat but also the structure of the entire building
so the responsibility of preventing the seepage is also on the society
you will need to write to the registrar of societies for necessary directions
Hello,
if all the steps has already bene taken by you then only option that remains is of filing a civil suit or also you may try and file a private complaint for nuisance directly before the court.
try and send them a legal notice before approaching the court.
regards
1) You have to make complaint in municipal corporation officer to civil engineer who looks after old building in your city area. Then you should contact to them or file case in corporation court.
Dear Cleint,
Better file criminal complain ( FIR ) for creating nuisance if the flat owner still adamant after police advise. IF police refuse to register FIR, complain to are SP or file court complain. As a proof , take pics of mess and also mention the incident when police officer came.
It is a private nuisance i.e. a tort committed by the occupant of the flat above you. You may sue him for: - damages; - injunction; - punishment (mostly for public nuisance).
The relief lies only in civil court for this.
You ae living with this problem for 8 years and you still do not want to approach civil court for relief and remedy.
Very simple call a Mason and ask him what to do and which he suggest go ahead.
Respected All - Thanks. Backgrounds are a small building of 8 flats,maintenance @ Rs.525/M. Flat owner (FO) of flat above was a BM of a nationalized bank died last year, as treasurer he did FD of the balance returned after 3 years without interest.When died, I took him to hospital, another FO bought back the dead body and another FO paid the doctor's fees for dead certificate and his son is a Mechanical Engineer working with Big Bazer, Lake Market, Kolkata never approached anyone on how much we spend. Leave aside, is not paying maintenance with an argument to have a Bank as cannot deal cash. We assigned him to open,but failed. Even after that he gave a cheque. His sister is also an engineer married to another engineer leaving Hyderabad. At Police station he agreed to do. When police came to my flat and had a meeting with all members, agreed to do but approached the police having financial constraint. One fellow FO approached his mother to extend financial help. Committee wanted to spend 50%and myself 25% but he will not. Somebody ask why we waited 8 years, and then also we thought things will happen and court will take longer time and money. Now that OC of the police station also advised me to do it myself as court will take longer time but the estimated cost is around Rs.50000/ to 75000/ as his entire flat is damage, waters are seeping from taps, not interested to do even basic maintenance arguing no problem with his Indian commode, whereas wall below the toilet are soiled again after recent painting. I approached local municipal councilor but he refused to him. It is not that he has a better source but got a solid advice that nobody can force him to do and cannot cut the water.Not did mutation therefore not paying any Municipal tax. Having two 1.5 ton AC without applied for extra load to CESC. Therefore, my sincere request, please give a concrete suggestion so that I can move accordingly? Thanks and regards, Sandip Banik - [deleted]
Asked 7 years ago
let society carry out repairs at its cost now
then it can be recovered from the legal heirs of owner
if they do not pay then expel them from society and sell their flat in auction to recover the dues
balance remaining can be paid to them
Meet the municipal commissioner on same he can give a show cause and initiate the action a penalty can also be levied, file complaint against all 3 mother daughter and the son. Further i would suggest you give a legal notice to all three and file suit alternatively you can carry repairs and then you can recover the cost through a suit,
if flat owner legal heirs are not willing to listen to reason you have to approach cooperative court against the said flat owner to direct him to carry out repairs to his flat
As suggested earlier the relief lies in the civil court only.
If you dont approach civil court even now on the wrong guidance of others or on a belief that the civil case will take more number of years then you may not get any relief even if you wait for another 8 years also.
Model Bye-Laws Prescribes Following Provision For Leakage Problem:
- It shall be the responsibility of the committee to maintain the property of the society in good condition at all time.
- The Secretary of the society on receipt of any complaint about the maintenance of the property of the society from any member of the society or on his own motion shall inspect the property of the society from time to time and make report to the committee bringing out the repairs, if any, considers necessary. The committee shall consider the report made by the Secretary of the society and decide as to which repairs to be carried out.
- (a) The committee shall be competent to incur expenditure on the repairs and maintenance of the society’s property if the expenditure does not exceed upto Rs. 1,00,000/- this is subject to the Society having more than 51 members. The limit of expenses on repairs and maintenance of the Society’s property are linked to the number of members.
b) If the expenditure on repairs and maintenance of the of the society’s property exceeds Rs. 1,00,000/- prior sanction of the meeting of the general body of the society shall be necessary.
(c ) The meeting of the general body of the society shall decide.
However since you have already exhausted all these remedies, you may have to look for an alternative step only which was the one suggested earlier.
you can get it repaired by spending 50 percent each or you need to file civil suit for the same. society will not interfere as it is internal work
