SEEPAGE FROM UPPER FLOOR COMPLAINT:
There are several residents living in Co-operative Societies or DDA flats suffering from seepage problems. It happens some times that the upper floor owner and the lower floor owner, share the cost of repair to the toilet of the upper floor. By this method both the persons are able to safely use their flats also. Else, ultimate responsibility is of the maintenance body of the complex and charges shall be recovered from the flat owner, whose flat is having plumbing defects.
Seepage from upper Floor Complaint
LOWER FLOOR ALWAYS TROUBLING FOR TOILET REPAIR: It is also reported by many residents that lower floor residents are always complaining about the seepage and we have to again and again get it repaired.
There are unique laws of the land on providing the protection to the citizen of the country but it depends upon the skill and wise competence of individuals which could make the resident of upper floor and also the lower floor to keep peace and live in peace instead of blaming and fighting for the seepage.
CONSTRUCTION DEFECTS SEEPAGE: It also happens that the seepage is due to construction defects and in such a case the residents must complain to the contractor who constructed the building to remove the defects. There is protection to the rights of the purchaser of the flats to enable them to get the seepage removed by all means. But if the house owner keep quites and do not complain during the DLP i.e. Defect Liability Period on year the date of completion of the building, then it will not be deemed as construction defect in its real sense. Therefore, it becomes essential for all the residents to occupy the multistory houses immediately after the issue of completion certificate by the Architect of the building to the Builder and the Society or Co-operative Society.
HOW SEEPAGE TRAVELS: It is not essential that the seepage will always come from the upper floor house only. It has been found that it can travel from the side house of your upper floor house also in many cases. Only a thorough investigation by a learned plumber can find it out by digging and dismentalling the building cementing except the concreted portions. It has been found by researchers that seepage may travel vertically as well as horizontally.
WHAT TO DO IF YOU SUFFER FROM SEEPAGE: To get the seepage repaired the resident should engage a competent plumber to investigate the source of seepage. This can be done by digging the ceiling and not using the upper floor toilet for at least 10 days. It should also be ensured that your neighbour is not doing the same exercise during the same period to seepage travel horizontally. If the seepage stops, then upper floor toilet need to be safely repaired. If not then the either side toilet of upper side house toilet need to be kept shut to diagnose the problem.
IN CASE OF SEEPAGE IF UPPER FLOOR ARE NOT CO-OPERATING: The problem of the seepage should be discussed and co-operation of upper floor should be sought amicably. But if the upper floor persons are not co-operating, the lower house should put forward the suggestion of sharing the cost of repair by 50%. If fact the entire multi story house owners should resolve it to share it by 50%. But, legally, only the flat owner having plumbing defect is required to bear the cost of repairs.
WHAT TO DO IF SEEPAGE IS SERIOUS, DAMAGING BUILDING & REDUCING ITS LIFE: In such a case the resident may seek the help of the RWA – Resident Welfare Association or the Co-operative Group Housing Society Managing Committee for resolving the matter. If still it does not resolve, then you should seek the assistance of competent lawyer / advocate or contact our Legal Adviser by a Click Here for legal recourse available to you.
WHAT CAN BE THE RESULT OF LITIGATION: The concerned persons will get advise or order to repair themselves or by sharing the cost after investigation by civil engineers. If any one is not abiding by the Court Orders to get the toilets repaired or get rid of this menace, the punishment could be from 3 months to 2 years imprisonment under laws of the land in India in all States.
Seepage from upper Floor Complaint
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