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

 

15 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 or any rule which you say that it is the responsibility of the upper flat owner and also the co-operative group housing society

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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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  • Anindita Sinha says:

    Respected Sir, I have a similar problem of leakage seepage from toilet of above flat. As you have answered that the onus of repairing seepage is on above flat owner and not on flat below, who is facing problem, my Query is, is your answer applicable to co operative societies in Delhi only or also applicable to Mumbai and Mumbai Metropolitan Region. I live in a coopetative society in Thane Maharashtra and wish to clarify who pays for the Seepage. My building is not a MHADA building it is a private building..Rajlaxman CHS. Eagerly awaiting your reply as it could help in solving a lot of my flat leakage problem. THANKING YOU. Anindita Sinha

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  • Joanita Godinho says:

    In my society internal pillers repair work is done by the society after taking the funds from everyone whereas i have no repairs to be done . What is the solutions to this. Why i have to pay for everyone work. Please reply.

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  • Aiyaz kazi says:

    My bedroom cieling is leaking. I reported to flat owner as well as ad hoc society. Ad hoc society already sent letter to flat owner. But there is no reply from him. After that ad hoc society also kept queit. What is solution for this.
    Thanks
    Aiyaz

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  • S N Misra says:

    My roof is leaking with water droplets in my toilet, kitchen, dining room & store.The upper floor flat owner & the society is not showing any interest in solving the problem.Where do I approach? & How

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  • manoj raja says:

    what my problem is iam staying at ground floor from foorth floor ac water falls to my flat s patras create lot of voice at night we can not sleep we have made complain to member n to society but no action has taken place what to do please guide

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  • Vibha Surana says:

    I live in a co-operative society. The building is of 6 floors and I stay on the 3rd floor. There is leakage from the bathroom of an apartment on the 5th floor affecting 4 apartments, including mine. The owner of the 5th floor apartment is unwilling to pay for the repair work and he is delaying the work by making excuses. We have informed the society but they haven’t taken any action.

    Request your guidance on this issue and whether we can avail your services in Pune.

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  • SHLOK AGARWAL says:

    Same problem upper flat owner not ready to repair , my TV wall and paint all got spoiled , but upper flat owner says that we have to do share half expense ,

    Please advice if he wants lavish bathroom how can I share and what about my losses

    Please advice the upper flat owner is filmy shahnawaz

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  • Dolly Patel says:

    same problem upper flat owner has renewed his flat and is not ready to repair the seepage leakage

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  • PRAMOD TEMBHURNE says:

    we have been staying in the co.society since 25 years.The flat owner is my mother. We are staying together in the same flat.whenever there were any meetings specialyy AGM & SAGM I used to attend them without any proxy letter.No one had a single complaint about it.
    But now new committee has decided not to allow me to attend any of the meetings.In the notice also they have mentioned that NO PROXY will be allowed to attend the AGM.
    MY QUESTIONS are
    1) Am I PROXY?
    2) As the flat belongs to my mother & if she is not willing to attend the AGM then can I attend the AGM?
    3) What are the rights of the PROXY?

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  • NITIN LOKHANDE says:

    my flat is on 3 rd flr and building is G+3 but due to low water force i have not get water on 3ed floor . while complent with society they are denied that we have shortage water so we can;t help . but 1,2 floor get sufficient water force . please give me any soluction

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  • Advocateji says:

    Dear Nitin, Yes. there is a solution to this problem.
    Firstly, a water pump for all residents may be used.
    Secondly, a water tank may be built for entire society.
    REMEDY: If the society is not willing to do either of this, you can file consumer case in a Consumer Forum for deficiency in services and claim hefty compensation.
    You dont seem to be from Delhi, hence you are advised to get in touch with any local advocate.

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