Co-operative society and upper floor owner not repairing seepage

We get a lot of queries and requests for assistance to get rid of the problem of seepage from the toilets of the upper floor in multi-story buildings of the co-operative societies. There are instances where the same person has inquired almost every year from us but is still suffering.

WHO’S RESPONSIBILITY TO REPAIR: All the walls, pillars and structures have been built by the co-operative society. Some how the seepage is not in every flat or most of the flat have already repaired their toilets and therefore these members are lucky to live without seepage. Responsibility to repair the toilets is of the builder / society. The society will have to do and re-do lot of repairs and toilet repairs may not be acceptable as satisfactory to some of the resident members, therefore by law it has been specified that the common walls repair after possession and after DLP (Defect Liability Period) is of the residents living on both sides of the wall. Therefore, the responsibility of repair of toilet seepage is of the toilet flat owner and not the flat under it which is getting the seepage from upper flat.

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WHAT IF THE UPPER FLOOR OWNER DO NOT REPAIR: It has been brought to our notice that the upper floor owner do not agree to repair their toilet when requested by the lower floor owners. In such a case as per law the provision is that the member having problem will apply to the Society to get the seepage repaired.

WHAT IS THE RESPONSIBILITY OF THE SOCIETY: The society is duty bound to ask the upper floor resident / member to co-operative in getting it repaired. Then the society is to give notice to both the members and engage a professional contractor to repair the toilet and recover the cost of the repairs from upper flat owner.

WHAT IF THE TOILET OWNER HAS TOO COSTLY TILES: Construction cost of original flat given at the time of possession will be the cost and if the toilet owner flat has changed the tiles to superior one, the he alone has to pay the cost difference to the contractor for fixing superior tiles.

 

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WHAT TO DO IF SOCIETY DO NOT AGREE TO DO IT OR DELAYS IT: As per law the society has 15 days to process the application, notice to upper floor flat owner and engage a contractor to repair the toilet. If the society do not appoint the contractor, the members have the option / legal path to knock the door of the Registrar of Co-operative Society and the Judiciary.

MEMBER OF THE SOCIETY IS CONSUMER: Every member and every tenant in the society is a Consumer of the Society and is having all the rights to claim damages for delay, mental agony, harassment and many other things.

WILL MEMBER BE AT LOSS TO APPROACH RCS OR JUDICIARY: We say NO. The member will not be at loss. The only condition is that only skilled Advocates are able to get the justice to the members. Therefore, you need to engage a skilled Advocate i.e. an Advocate having experience and skill in the co-operative society and consumer matters.

IN CASE OF ANY QUERY OR ASSISTANCE REQUIRED, LEAVE A REPLY BELOW

 

4 Comments

  • Payal says:

    Could you please specify the act that says that the expenses for the repair are to be borne equally by both the parties

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  • The Society is willing to get the repair done by a contractor and debit the upper flat owner. But what is to be done if the upper flat owner denies even entry to the the contractor and also refuses to pay for the repair. The RCS does not even respond to letters written by the Society. Can the affected flat owner and the Society take the upper floor owner to the Consumer Court.

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  • Khalil Mohammed says:

    I m staying in fourth floor,my bedroom ceiling is leakage badly.i inform upper floor tenant.but he is not interest to repair.i i inform in scty menegment but they also not giving response.can u give me suggestion what I have to do.
    Thanks
    Khalil Mohamed

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  • Namdeo says:

    I am staying in sixth floor,my hall,kitchen & bedroom ceiling is leaking badly.I informed upper flat owner but he is not showing any interest to repair.so I informed society management but they are also not giving any response.can you please give me suggestion what is the legal procedure.
    Please help me.
    Thanking you.
    Namdeo

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