Society is bound to repair the seepage of flats

Section 93 of the Delhi Co-operative Societies Act, 2003 deals with such problems

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Management of co-operative housing complex by co-operative societies.

(1) The management of co-operative housing complex shall be entrusted to the committee which will ensure cleanliness, security, upkeep of common areas, services, landscape and exterior of the building, prepare a budget for annual maintenance charges which shall be got approved annually from the general body and it shall be the responsibility of the member or occupant, as the case may be, to make payment of maintenance charges to the committee.

(2) If any defects occur in the flats and any repairs are required after allotment, the committee shall have the right to get such defects rectified or repairs carried out at the cost of the member or members concerned in whose flats such defects need rectification or need repairs and if the member or members concerned fail to make payment to the committee for getting such repairs carried out upon being given proper notice, the committee shall recover the above dues as arrears of land revenue by making a reference to appropriate authority under section 111.

(3) A member who wants to carry out internal repairs may apply to the committee for necessary permission and if no structural changes are involved and the proposed repairs are not likely to cause any defect in the flat of any other member, the committee may grant permission to the concerned member to carry out the internal repairs.

(4) In case any defect occurs in the flat of any other member or members on account of internal repairs in his flat by a member, the member or members concerned shall be compensated by the member who has carried out repairs and in case the member concerned does not pay the necessary compensation after service of notice, the committee shall recover the same as arrears of land revenue by making reference to appropriate authority under section 111 and after such recovery to make payment to the affected member.

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(5) All the flats besides other assets of the co-operative housing society shall have to be insured for all risks including earthquake annually on reinstatement basis against the value of the inflation for the same type of buildings.

In case any reader of this page feels any problem in getting rid of the problem or the society or the upper floor owner is not repairing the seepage. Or it may also happen that the society is facing the problem that none of the member co-operate with them for removal of such problems, you can leave a reply below and this web-site will give you the suitable advice to get rid of the problem for ever.

IF YOU NEED ADVICE OR ASSISTANCE, LEAVE A REPLY BELOW

29 Comments

  • Rajive Gautam says:

    our managing committee of the society is not repairing the seepage coming from the roof of the flats to the top floor flats. Please advise what should we do

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  • Manjula Kumari says:

    I have repaired my 2 toilets as the flat below my flat was getting seepage from my flat. But the flat on upper floor is leaking to my flat for which they are not getting it repaired and they say that I should pay 50% to get their toilet repaired. Please advise. The upper floor person is Secretary of the Society

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  • Major Sharma says:

    My society is managed by defence officers only and all members are also defence officers. It is well managed but we are stuck up at repairs to the rooftop, which gets damaged time and again. The irony is that only the top floor residents are able to use the rooftop and keys are also with them. Why a 1st, 2nd, or 3rd floor persons should pay for its repair ? Is not the law discriminatory ?? Please give your so called free advice.

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  • Pitamber says:

    We are not able to properly understand the judgment of High Court. Can you please explain

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  • Vijay says:

    Due to seepage from the bathroom of flat above my flat the roof of my flat was getting spoiled. I approached the owner to get his bathroom repaired but he projected financial crisis. Now I have got it repaired at my own expense. Can I claim for the expenses from the owner of the above flat. Matter is is in the knowledge of the chairmen of the society also. kindly advice

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  • Gurmeet Kaur says:

    My is builder flat at ground floor and the seepage from upper floor has spoiled my bathroom and bed room from the last six years. Inspite of numerous request, the owner of upper floor is not ready to get ti repaired, not ready to bear the cost. Even not ready to enter us into his floor to get is repaired. What is the shortest legal remedy.

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  • Jawahar Dev says:

    I paid Rs.500000 to Builder and took loan of Rs.35 Lac from Bank and gave the entire amount to Builder. He has made the flats but there is lot of seepage coming from the roof and I telling him to repair. He is about to allott the flat. What should I do.

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  • Abhishek says:

    My ground floor owner complains about seepage in his bathroom I have earlier repaired many times this time I asked him to bear 50% of the cost. He refused to give. Kindly advise he is disturbing us every day for this matter. Can I take a legal action.

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  • My building has got internal as well as external cracks.While am getting internal cracks repaired, society is not showing any keeness to carry external renovation works. Considering the state of building makes me worried as to what if the building collapses. Even if it manages to withstand, it ruins any chance of getting market price on sale. How can I take action against the society. Is there any provision in law?

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  • Pracheta says:

    I have a flat at the top floor of the building. I recently noticed seepage of water in the flat due to damaged tiles of the terrace roof.what kind of help can I expect from my housing society ? please help me .

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  • Deepak says:

    Hi I am the resident of Mumbai and owner of the top flat. My celiing and some wall gets damaged while external water proffing work doing by society at terrace. In that case can we get it interior repaired and pop through society or by society funds? When same questioned to members of the society they said that it was mistake of contractor and society is not liable to pay any damage to flat owners. And on other said contractor is only willing to do plaster of the ceiling as pet hid agreements with society so can you guide me can we get this repair and pop work done by society or can we claim damage to society? It will be grateful if you can reply.

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  • sushil pathare says:

    upper flat leakage society tell me to do 50% contribution for leakage

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  • Gopal K Maheshwari says:

    I am staying in Moti Nagar in my own flat no 403 in venkateshwara arcade, Moti Nagar Hyderabad . Due to water seepage from flat no 503 in same building ,I broght to notice to flat owner 503 and requested him to get it repaired.seepage is having 5 places due to drainage point. Owner of 503 said cost of repair to shared by us 50% .I want to know what is my obligation for repair cost. And if does not response what is remedy at my end.

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  • Shashi agarwal says:

    Facing the same problemof seepage

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  • Narender Jha says:

    what is the responsibility of the MC in connection with the cepage of the inside and outside the flat nad also internal and external cracks develop in the Column.

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  • Shashi agarwal says:

    Hi iam facing the seepage from the upper floor from last 6 monthswhichnow damaging the interior of my flat.i even raised this to the mc but they are ignoring and not taking the proper step saying you solve with the upper flat owner. The person is ready at 50/50,but what about the damage to my interior itold the person toget it repaired. If he is asking 50/50 for his toilet get repaired , ialso asked him to get my interior repaired . He said no, this to be done by me what legal actin can be done and who is responsible for the damage of my flat , now the seepge is getting worst and damaging my electric wiring pls help

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  • francis monteiro says:

    My relative has been given letter by secretary that due to leakage from her flat ,the office is effected .They have given rs 90000 estimate though work is of rs 5000 which i reused .Now they are charging rs 500 per month as fine in maintenance bill.

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  • Arvind says:

    In our society, a member without obtaining any permission has done waterproof repairs to the outer wall of his flat on 6th floor whereby the 8 storied bulding has become very ugly due to the black coloured layer on the wall. We are now forced to take up colouring of the entire building which is costing more than one lakh rupees. What to do?

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  • Kanak says:

    Flat owner on above my flat is not repairing the leakage problem even after repeated requests to him and also to secretary and chairman .
    Is there any by laws to act against these people as per maharashtra housing society act ?
    Request to suggest solution.

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  • Mudit Mittal says:

    Hi,

    Society (managing committee) is least bothered in regards to leakage in my flat. Though application was submitted 3 months back but no reply.

    Because of which i am suffering losses in terms of my wood cabinet which on that wall. I dont know how to make them work.

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  • My flat is leaking and the beams are damaged due to the structural changes in the above flat made in the toilet and bathroom . He has put his flush tank on the window sill and broke the RCC wall to fix the same . Please advice

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  • pankti shah says:

    if society will start building repair work and if it damage to any flate owner who is responsible

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  • Ravi behk says:

    AC split unit has been placed on the external wall of the society in Delhi.
    Is it as per the bye law of delhi? What can be done by residents if president and secretary not taking remedial actions

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  • . says:

    This is not bathroom or toilet leakage but my lower floor flat owner is complaining about leakage from my terrace (balcony) in his terrace.
    I asked the society committee to get it repaired as it is external work, but they refused.
    Then I called a plumber and got it repaired on my own by paying money from my pocket.
    After few months they were complaining again and sent a plumber. I allowed him to do the repairs which I involved little structural work also.
    Again the flat owner and committee members are behind me to get it corrected because the lower floor owner is not paying maintenance due to this reason to Society since many y months.
    He and society members are threatening me about damaging my flat, troubling to tenants and asking me to sell off the flat and go away.
    They are also troubling me by calling every other day and threatening about legal action.
    I just want to know is this all correct and legal? If not, whom should I approach to get help?
    Please guide me. Regards, Jayesh Shimpi

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  • nilakshi says:

    we are the owners of fifth floor and third floor owners are complaining us that the water leaking from pipe outside building and falling in their kitchen is because of the overflow in fourth floor flat to theirs.
    I want to know the overflow condition about how to confirm whether its our flat no. 5 or flatno 4.

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  • Jayesh Shimpi says:

    External leakage like leakage from my terrace to lower floor flat’s terrace is a responsibility of me or society?

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  • Ashok Shukla says:

    My society has total 56 units / members. Out of this 4 are Row Houses and 52 are flats in the 6 story building. They are all divided in 2 wings viz. A-wing and B-wing. Similarly for the Row houses 2 in each wing. Our family is occupying B-wing Row houses in parents name.

    Society got registered in Feb 1998 and in August 1999 society decided to collect Building repairs fund. The first major repair work started June 2001. Unfortunately our father suffered severe heart attack and left for his heavenly soul on 26th June 2001. We continued making regular payments till December 2002 but then the society discriminated us and denied taking up repair works for our Row Houses that had heavy leakage problems. Initially the society was not ready to adjust the excess collected amount against future payments, we therefore stopped making payments from Jan2003. In August 2003 society decided to adjust the excess payment received by them but later turned down the settlement. Thereafter we were asked to leave the AGM meeting of Aug 2004 and later expelled from the society from January 2005 till August 2012. No communication was was made by society during this period even monthly bill were not being issued. But then the society backstabbed by filing receovery application in June 2012 without serving any notice. Since the society had several discrepancies the Registrar ordered the case in our favour in May 2015. In 2012 since the Row House had severe leakages, there was heavy downpour of rain water inside living room, bedrooms, Kitchen and Bathrooms of both the Row Houses, we approached the society to inspect our row house and do the needful. Society termed the problems as regular wear and tear. With no options left, we approached the minicipal authorities (NMMC) who after detailed inspection sent a notice dated 22.10.2013 to the society stating that the Row Houses were in dilapidated condition and needed urgent repairs and suggested to conduct Structural Audit of Row houses. Society denied conducting Structural Audit and instead began major building repairs to the Main multistory building adjacent to our Row houses. The use of heavy machineries such as Mortars, drillers and the falling of rabbits from a height of 6 floors further damaged the Row house there by widening the cracks on the walls and terrace of the Row houses. Internally, the Row house condition was worst especially during rainy season. Due to repair works of the society, the false ceilings gave way, also part of Row House wall collapsed after few days, short circuits in the house were regular feature. Even internal repairs to Row houses on few ocassionso condu did not help. we requested the minicipal authorities (NMMC) to issue letter for conducting structural audit in our individual name but the NMMC denied saying that it can be issued in the name of registered governing body only which in our case was society since we both fall under the same plot of land. After much of melodrama, society conducted Structural Audit in Feb 2015 but kept the report hidden from affected member nor did they take any action on the reports of the audit. Finally the NMMC is now issuing letters to us saying that we have not furnished the structural Audit report and asked us to vacate the House within 24 hours vide their notice dated 21.09.2016 and disconnected our water and sewage connections on 22.09.2016. Thereafter 2nd structural audit was conducted in November 2016 after we approached the NMMC head office explaining the reasons for delay in structural audit. Society this time shared the copies of both the structural audit reports. the 2nd structural audit shows that the Row house condition has deteriorated further since last structure audit and suggest for demolishing of Row house and constructing a new one. The Society is neither taking the emergency repairs inspite of knowing the danger to life of members and their family nor are they issuing NOC to allow the members take up the emergency repairs to safe guard their life.

    Kind regards,

    Ashok Shukla

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  • Ashok Shukla says:

    I am at Navi Mumbai, do you have any legal expert in close vicinity.

    Awaiting your reply. Regards, Ashok 9324797098

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  • Mayank Prasad says:

    Dear Sir,

    I am living in a society apartment flat on 5th floor in NOIDA. I am facing seepage issues coming from 6th floor flat toilet which is causing seepage issues on our room & toilet ceiling just below 6th floor toilet. I and my family is suffering because of this problem for the last 5 years. We had asked the 6th floor flat owner to get it repaired as its damaging our flat ceilings and walls. Once i had contributed 50% amount also and got it repaired. But after that , the 6floor flat owner got his toilet renovated and again the problem started. I had submitted the complaint to the Society Managment and to the flat owner also, but nothing has happened. The Society Management also asked him to get the toilet repaired as seepage is coming from there. But he is not doing anything. We are in a very bad situation as we also cant get it repaired, as the repaierment has to be done in 6th floor toilet. Now i hve decided to take legal action. Kindly guide me how to proceed with it as i want to give notice to the Society Management & to the 6th floor flat owner.

    Thanks

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