Upper floor flat owner not repairing his toilet seepage

It mostly happens that your upper floor toilet is having some problem in its construction and thereby the water leaks or gives seepage to the ceiling of flat under it.

upper floor flat owner not repairing his toilet seepage: Since the ground of toilet and ceiling of toilet of the flat under it is common space and has been built by DDA or a builder or a co-operative society through a builder, the dispute occurs and no one is willing to take up the responsibility to repair it.

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Most of the times these problems are over due to repairs by experts in cementing the ceilings. But sometimes it do happens that the owner is not willing to get his toilet repaired and the underneath flat owner has to bear with the seepage. With the passage of time the seepage spreads to other walls also.

It has been found by the expert civil engineers that if the seepage remains in the wall for 1 month, it reduces the life of the wall by 1 year. Therefore, the seepage should be taken seriously and got repaired at the earliest opportunity.

We can recommend you various alternatives and contractors who can rectify the seepage at good amount of expense, if your local contractors have failed.

park view of society legal-path.com

On the other hand, we would like to apprise that upper floor owner is responsible for repairing his toilet etc. so that the seepage do not come from his house to the lower house. In some of the RWA the residents have decided to bear 50-50 cost for convenience. But legally speaking, only the upper floor owner is responsible to rectify their flat.

In case one of the sufferer do not want to get it repaired, the other can go to a court and take a decree against the other to get the flat repaired and also recover the cost from the other flat owner.

In case a flat is in the co-operative society, you do not have to go to a court, the solution lies in giving a letter to the Managing Committee and the committee will take appropriate action within 15 days from the date of receipt of letter.

If the co-operative society do not respond within 15 days, you have upper channels for getting rid of the seepage problem.

If the construction is not old by more than 1 year, the builder is responsible under DLP (Defect Liability Period) of the construction, which is normally 1 year as per PWD and CPWD manuals.

The owner sufferer has the right to approach a consumer forum/consumer court also for getting relief and for compelling the other to get the toilet or leakage repaired with cost and penalty / compensation.

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94 Comments

  • KIRAN WALJEE says:

    Under what section of consumer protection Act 1986 a complaint can be made before the CDRF. Ours is a coops.

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  • kiran waljee says:

    Section 12 deals with deficiency in service. The upstairs neighbors still would not budge. Are there specific provisions in the Act 1986 or Regulation 2005. Unless you infuse a fear of God into them they would remain callous and unaffected. Regards. kiran waljee.

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  • SATENDRA RAWAT says:

    upper floor flat owner not reparing his toilet seepage to my flat. Kindly advise the legal action against him

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  • Vinod Kumar says:

    Sir/Madam, I am flat owner in one Group Housing society situated in Ghaziabad and residing on ground floor and there is a constant leakage from the kitchen, bathroom and toilet from the flat situated at 1st floor (flat situated above my flat) which has been increasing with time. For solving the problem, I personally brought the problem to the knowledge of Ist floor owner for several times but nothing was done from his side. I also approached the society and RWA for this issue. The Office bearer of Society and RWA verbally replied that it is the issue of owners residing at Ground and Ist floor and society is not responsible and answerable for this. However, the secretary of Society and one senior member of RWA had intervened for resolving the matter. he is neither repairing this by himself nor agrees to allow us to inspecting his kitchen, bathroom and toilet by which the situation raised. The situation is getting worse day by day. Now my family is compel to residing in unhygienic condition especially in kitchen area. After introduction of the U.P.Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 and in exercise of the powers conferred by section-30 of the above Act, the Governor of Uttar Pradesh has makes the some rules. It is provided vide Rule-40(1) and (2) that every owner must perform all maintenance and repair work within his own unit. All the repairs of internal installations of the unit such as water, light, gas, power, sewerage, telephone, air-conditioners, sanitary installations, doors, windows, lamps, and all other accessories, shall be at the expense of apartment owner concerned. In the light of above facts, Please suggest; whether I should take up the matter according to law? What are provisions exist in law? What can be done? Regards

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  • archana says:

    I am flat owner in one Group Housing society situated in Dwarka and residing on third floor and there is a constant leakage from the toilet from the flat situated at 4th floor (flat situated above my flat) which has been increasing with time. For solving the problem, I personally brought the problem to the knowledge of 4th floor owner for several times but nothing was done from his side. I also approached the society MC for this issue. The Office bearer of Society verbally replied that it is the issue of between two owners residing and society is not responsible and answerable for this. However, the some members intervened for resolving the matter by visiting 4th floor but he is not repairing this and just living false excuses to postpone the matter. The situation is getting worse day by day. Now my family is compel to residing in unhygienic condition especially in master bedroom and toilets. As per my knowledge all the repairs of internal installations of the unit such as water, sanitary installations, and all other accessories, shall be at the expense of apartment owner concerned. In the light of above facts, Please suggest; what are my rights as member of group housing society?? whether I should take up the matter according to law? What are provisions exist in law? What can be done ? Regards, Archana

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  • Shamsher Chauhan says:

    I was having continuous problem of seepage from my upper flat. Neither the flat owner nor the management of the Society was understanding my problem and they were also not ready to help me except saying that it happens like this to every flat. Then I came in touch with your web site and commented on one of the page. I received a advice to contact the legal experts within 6 hours. The legal experts were contacted by me and after having a paid advice a legal notice was issued and a consumer case was filed by the legal experts. The Society and also my upper floor neighbor were made a party. On the advice. of the Court matter was resolved in which I have been paid Rs.44,000/- as compensation and repairs charges, jointly by Society and upper floor owner for not resolving my problem for the last 3 years. I sincerely thank your Sir for helping me and I request you all to help others too. May God bless your entire team

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  • vidya says:

    I have a seepage on my wall of my bathroom in my apartment. We have approached my top flat owner and he is not willing to repair the same. Kindly advice.

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  • Tabrez says:

    Dear Sir, I wish to thank for your free advice and also I want to thank you for writing so much of material available free of cost. My knowledge increased by making a search of blogs on your web site and I thank you for it.

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  • alok.Tanawade says:

    hi… I am residing in mumbai in a MHADA flat on 11th Floor. there is a problem of water leakage from the bathroom on the 12th floor into my kitchen.. I have written numeraous letters to the society and finally discussed with the owner of the flat on 12th floor.. Initially he did not budge..but finally he has agreed to carry out repairs in his flat.. I had hired a water proofing expert to carry out the repairs.. he did not superficial treatment as the owner of the 12th floor is not allowing to break any tiles of flooring in his bathroom.. the problem is not resolved even after the treatment and the leakage still continues.. I have already paid more than 50000 Rs for repairs in his flat while he has not even shelled out a single penny.. i am doing all the follow ups with contractors and the water proofing agents to reach a solution but there is no proactive approach from his side… I am tired and frustrated.. I need him to carry out the repairs and stop the problems once and for all… Kindly advise…

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  • Hans Prakash says:

    Dear Sir, I’m facing leakage problem in my bed-room,kitchen, common bathroom, due to the flat above me. The owner is not paying enough attention and not trying to find a concrete solution/fix. He is delaying the things for last 2 years and problem has got worse from bad. How can I force this person, to act swiftly and pay the damages caused. Please advise.

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  • pratiksha patil says:

    i m from mumbai. there is complaint from person residing down our private terrace. that there is seepage in his flat. now he is saying to repair it on my cost. who should pay for repairing. society myself or person living down our terrace. please help

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  • pratiksha patil says:

    I have not construct anything on that place. it is in position as it was at time of allotment. in case of repairing isn’t there chance of bearing cost by both parties in equal proportion i.e. myself and person living down my flat. is there any section in act which consider these kind of matter.

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  • Narendra Singh says:

    Dear Sir, As per our RWA rule seepage problem has to be solved mutually by the two parties who are involved in it. I am a first floor resident. I have myself took the initiatives and repaired seepage which are visible in my floor. For invisible seepage we said it should be taken care on 50% sharing basis. But, he is harassing/giving mental stress to my father who is a retired Air force personnel and Blood pressure patient. Can you please advise what legal action can be taken against him. To sort this issue and also he is threatening us with an F.I.R against us. Please advise.

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  • Narendrasingh says:

    Dear Sir, Our society registration n.o-726/2011-12.But,I don’t know whether it is a co-operative society. It is based in Indirapuram, Abhay khand-3, Ghaziabad. Kindly advise.Thank you.

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  • Himanshu Vatsa says:

    My flat on ground floor in Vaishali sector-5 Ghaziabad has seepage due to non-maintenance of bathroom on first floor flat. The building is not part of any society/RWA. Construction is more than 5 years old by some pvt builder. but d owner of first floor is not ready to repair d bathroom. Please suggest a remedy. I m ready 2 take legal action. Plz contact me

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  • T.K Jain says:

    I am leaving top floor of cooperative society and flat having leakage from roof who will get this repaired, society say they dont have fund…

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  • Manoj Kumar Singh says:

    I had a complaint from my below floor flat owner about seepage generating from my one of bathroom. The Seepage sign extends from roof level to the side walls. I was asked to repair by breaking the tiles.

    1.The leakage has noted from last two months. Hence a good investigation is required to exact location of the leak.

    2. The leakage is very small hence in situ repair to be considered first. Leak repair by breaking tiles should be considered last.

    3. Breaking of tiles will finally lead to renewal of all tiles as it is difficult of find exact leak location.

    4. it will incur heavy cost and time .

    5. I have request society RWA to give me written instruction for handling such trouble.

    kindly advise.

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  • MAHENDRA PALRESHA says:

    I Mahendra residing in Vimalachal appt.A block, 1088 poonamalee high Road, Vepery Chennai -7 (India)having seepage from upper floor since 6 years. Friendly approached they always said, We will do. But till today I am suffering of wall seepage badly. Pl advise.

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  • AMITABH PATNAIK says:

    I live in a co-operative society in Thane (W), Maharashtra. I am facing severe leakage in my flat ceiling due to gapsin tiles of the upper flat. Even though I have proved to the other flat owner that its an issue caused due to defect in his house, he is adamant and is unwilling to pay anything to get the repair works done. Even though I have offered to do it on 50:50 payment he is still not co-operating at all. He says that as I am facing the issue hence I must bear all costs for the repairs. Also he puts a condition that his flat tiles must not get damaged during the repair process. Please advise what should I do ??

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  • manasi says:

    I live in a co-operative society in Nallasopara (w), Maharashtra. co-operative society always ignore our wing if any problem arise in our wing. they made ciment dusbin for waste in our wing so much bad smell comes as well as mosquito comes in home so can not open the window at night but they do not get any attention over it. i sugget to them to lock door on the top and tell to them say peaple to throw waste from outside door but they said if they close peaple will throw it outside as like they ignore us. and they keep housekeeper for clean society but they can not clean our wing propery and most of time that housekeeper sent their son to collect waste i complaint about this society again they ignore us. please tell me what to do?? can i go to registrar for this issuse

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  • Thakur says:

    Dear Sir,

    My upper floor owner is not repairing his toilet by saying that his upper floor owner should repair first, then only he will get his toilet repaired. The co-operative society is directing both of them to get their toilets repaired but nothing is happening for the last 2 years. Please advise what should I do. I am will to spend money to get rid of this problem also.

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  • Narayanan says:

    Very useful informative suggestions etc and tips

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  • shefal says:

    Hey I have the same problem. And the owner of the upper flat is not ready to listen its been more than a year. The society do not know whom to blame. Can you tell me someone in authority to whom I can write this compain in new Delhi area. Rohini! It would be really helpful
    Thanks and regards

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  • darshana says:

    Hello, We are staying at vikhroli east building no 414 , here I am staying with my mother and the society member are very arrogant and not at all listen to member concern. our flat is on ground floor and since last 2 years we are facing sealing leakage problem due to the upper flat 1st and 3rd floor they have leakage issue because of the we have to face the problem . Many complaints made and applications been given but no action,finally I went and complaint to Kokan bhavan since this property is of Mahada and this society secretary now charged 350/- maintenance for 150 sq ft carpet area . Request your attention and help on same. Our bathroom angle is about to fall and ceiling is almost damaged.

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  • Sushil jain says:

    If unauthorised construction has been done by the lower house and due to unauthorised construction seepage comes than who will be responsible for the seepage in d d a flats.

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  • Renu .Malhotra vasudeva says:

    Dear mam, my mother stays at DDA flat at mayur Vihar ph-I pocket – 2 Delhi ,she is alone at home after the sad demise of my father in the m/o Feb.now the problem is the upper floor resident is not at ready to repair his major leakage in his bathroom due to which our property is getting damaged as major seepage is coming in our bedroom, dinning & lavatory, tiolet area. Now the problem is so worse that water is damaging our electric wires,leads to live risk, we approached to RWA, police also but no great help, pls adv. asap what gk do.

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  • Pushpinder says:

    Upper flat owner of CHB flats not repairing the seepage despite telling them many times

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  • E.D.Chauhan says:

    1.Can leakage issue in a C.H.S. be taken up in Consumer Redressal Forum ?Under what section of C.P.A.1986?
    2.Can a C.H.S. member who has given his flat on Leave/Licence approach C.R.Forum in leakage issues?

    Under what Section of C.P.A.?

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  • safi says:

    i m the owner of top floor and i paid for riof but the owner of ist floor want to set solar panels on roof but i dont want to allow him due to some space problems but still he is forcing thn what can i do

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  • HP Dutta says:

    HP Dutta is facing same sepage problem from upper floor toilet not reparing by owner in Vasundhara enclave society appatment. Please advice how to go about leagaly

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  • S Chandrasekhar Rao says:

    Sir/Madam, I am flat owner in one Group Housing society situated in Visakhapatnam, Andhra Pradesh and residing on 2nd floor and there is a constant leakage from the kitchen, and balcony from the flat situated at 3rd floor (flat situated above my flat) which has been increasing with time. For solving the problem, I personally brought the problem to the knowledge of 2nd floor owner for several times. Initially he did not give any response but finally he has agreed to carry out repairs in his flat.. I had hired a water proofing expert to carry out the repairs, the problem is not resolved even after the treatment and the leakage still continues. The repair charges were born by both. I also approached the society for this issue. The Office bearer of Society verbally replied that it is the issue of owners residing at 2nd and 3rd floor and society is not responsible and answerable for this. He is not repairing this by himself by which the situation raised. The situation is getting worse day by day. Now my family is compel to residing in unhygienic condition especially in kitchen area.In the light of above facts, Please suggest; whether I should take up the matter according to law? What are provisions exist in law? What can be done? Regards.

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  • siddhartha srivastava says:

    what if upper floor owner does not have any alternation or any brakage done in any case then how the owner is responsible for this action

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  • anju Prasad says:

    hi, We have a problem of seepage from the floor above ours which has ruined my wardrobes, windows and now its seeping into my flooring but the owner is rigid and keeps making excuses and has been delaying the process for nearly 2 years. We have also offered to pay for the repairs because of our desperation. Feel totally at a loss as our property is getting spoiled. please advice!

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  • S Chandrasekhar Rao says:

    sir, I wish to thank you for your free and prompt reply. I decided to go legally to solve the seepage problem in my flat.

    I have consulted legal expert at Vishakhapatnam, AP. He said that owner address is required to proceed legally.

    The flat owner given the flat for rent. The flat owner is working outside the country and comes frequently to Hyderabad where his family is residing. Tenant is not providing the address of the owner, saying that he doesn’t have his address and contacts over phone only.
    In such situation please advise me how to proceed legally? Can the legal notice to be given to tenant? what is the way to proceed legally, if the house owner’s address is not available?

    Regards,

    S Chandrasekhar Rao

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  • Satishkumar Shetty says:

    Sir, I am a resident in an apartment in Bangalore and there is a severe seepage between most of the flats. As per the memorandum, bathroom seepage to be arrested by repairing the bathroom where the seepage occurs and the cost to be shared equally between the two flat owners. Delay occurs due to sharing of cost and hence the MANAGEMENT COMMITTEE has decided to ask the respective owner to repair his bathroom completely at his cost (from where the seepage occurs). Please, tell me whether MC is legally right to take such decision as the delay is causing severe damage to the building itself as there is leakage across 80% of the flats

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  • siddhartha srivastava says:

    what if the builder has not given completion certificate and not fully handed over the society to its residents ………………….
    then whose responsibility is to repair the seepage

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  • m k pant says:

    our 4 story flat is facing seepage problem in bathroom and kitchen. seepage from 4 bathrooms and 1 uppermost kitchen. we may combindly repair. please suggest expenses and other suggestions.

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  • Prashant says:

    Hi, i made a deal for second sale flat. Agreement not done but i have given token amount. In the purchased flat there is leakage in the bedroom. But before the deal i havnt noticed. The leakage is from above floor flat. Now i know the seepage and ask current owner(seller) to repair. But he is not willing and asked me to do on my own and not even ready to interfere in the issue. This matter wasn’t discussed before the deal as i was unaware nor he told intensionally. I am not ready to do it as expense is 50k approx.Please advise what can be done. Thank you in advance.

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  • Jain says:

    What kind of alterations/deviations we can do in our C.H.H.S. apartment. Can we merge the balcony with the room.

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  • S C Rao says:

    Sir Can seepage in housing society problem be taken in consumer redressel form.
    Can you please suggest under what section of CPA rules .
    Regards
    S C Rao

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  • sujata das says:

    Respected sir our building is some 18 years old , Society was formed some 3 years ago. There is some leakage from our bathroom to the floor below. I have not made any changes or renovation in the bathroom. So in that case can I ask resident below to share 50 % expense .if so is there any such provision in society law. Thanks

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  • Anant says:

    Hi, can a stay be granted against the first floor owner directing him not to use the bathrooms till the time the leekage is stopped? If yes,any judgements on the same?

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  • Amit Rathod says:

    (new query) Dear Sir… I am from Mumbai Dahisar. I purchased flat in societ (new member not even a year) and I did renovatation. When I purchased flat at that time balcony wall was not there and there was no kitchen platform. In place or original kitch bed room was already made. So its like Hall and Bed Room. So I did renovation and in area of balcony I made kitchen platform (as enerally every body converts one room kitchn into one bhk). So I constructed kitchen and constructed wall. Wall mad by me is not part of pillar – bimb or any structure. Infact whn i purchsed flat there was no wall at all. Now society is saying that I have taken kitchen wall slight hall side (i..e my kitchen area is big by 1 feet and hall area reduced by 1 feet), its is only internal and not concerned with BIMB – PILLAR or any structual changes. Society is chargin 1500/- per month penalty and asking me to demolish wall and re-position. I being a new member, when I gave in writting to society to carry renovation, at thath time society has not informed me that I can’t shifft even internall wall. Society says they made this rule in past, but I being new member, not aware what rules framed in past, its society first prime duty to inform me. Now Can I fight / challange this scenerio. If i fight then is there any possibilities to win case… Request you to advise. – Regards, Amit Rathod.

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  • Amit Rathod says:

    Dear Advocate Ji… Thank you for instant reply. Agreement is betweetn buyer n seller and as usual agreement gnerally says selling (transferring) falt rights – title and interest for consideration of XYZ value from buyer to sellet. Thats it… This wall matter is between myself and society. I beleive any one can carry out renovation under pre-intimation to society. I feels that when society is allowing to break (demolish) balcony wall (since balcony wall is not part of society pillar – structure – bimb) then it shoul not matter for sciety if I make kithchen area one feet biger / lesser (i mean wall re-construction by 1 feet outer site in hall area). Coz when i purchased this flat there was no wall at all. Society is imposting (using word “Penalty”) Rs. 1500/- per month. If i want to file case (fight) with society then what is possibilities of winning case. Will I win case. Before filing case (giving notice) where can I complaint this harrassment / tension from society ? To which department I can raise my concern and greviences. Request your help. Once again thanks for reply.

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  • AshishP says:

    Sir,
    I have a question related to leaky roof from terrace of our building. I live in an apartment complex, wherein our association is registered under the Provisions of the Karnataka Societies Registration Act, 1960. My apartment is on the top floor and there is a common terrace on top of my apartment. During rains in Bangalore, water from terrace seeps through the floor and results in leaky roof in my apartment from 3 to 4 places. Due to laying of water pipes for all apartment owners and hence holes drilled for clamps in the floor, the problem has become aggravated. Apart of the damage to ceiling whitewash in my apartment I had to replace one ceiling fan also. During heavy rains, I have to keep bucket or some vessel to collect water drops, falling down from the ceiling.

    Our association is refusing to fix the terrace area and is asking affected parties to get it done by working with Dr. Fixit Vendors. Per apartment, cost comes to INR 70k. After lot of debate, association is not agreeing to pay more than 50% of the expense.

    My questions are:-
    1) Is terrace not common area under the responsibility of association ? as per association members, terrace should be treated in similar way as the common wall between 1st floor and 2nd floor – hence sharing of expense between the two owners. Is this the correct argument?
    a. For a similar case in Mumbai, I could find the following news item but I am not sure if the same society act rules are applicable in Karnataka also .. http://www.dnaindia.com/mumbai/report-society-must-pay-for-repairs-of-leaky-roof-hc-1043382
    2) Shouldn’t the association bear the total expense ?
    3) In case the association refuses to take full ownership, what are my legal rights and next steps that I can do to make them do what is right.

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  • Addin says:

    Dear Advocate Ji,

    We live in an apartment style building in Chennai suburb area. There are 4 houses in the building (1 in ground floor, 2 in first floor and 1 in top floor). We live in 1 of the houses in 1st floor. The toilet and bathroom pipe of the 2nd floor house runs directly above our main door which is very uncomfortable for us to move in and out of our house and highly unethical.

    Its been almost 3 years now since the construction of the building and we have orally communicated with the builder about this issue several times and the response has been vague and unclear. Since we did not want to complicate the issue we didn’t make an attempt to take any legal action and tried to solve it through mutual discussion but now it seems like the builder is not trying to cooperate.

    We request you to kindly provide us guidance on any legal procedures to be taken/ a concerned authority where we can lodge a complaint and get this issue resolved as soon as possible.

    Regards,

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  • sydney says:

    hi sir , I stay in mumbai where the problem is that the upper flatowner is not cooperating with the leakage problem happening to our cielling and wall of kitchen and bathroom. who should bear the expenses , is my question ?

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  • Ajit Desai says:

    Hi,
    In My bedroom, leakage problem is there because of outside drainage pipe. Society had repaired the Drainage pipe and did the outside wall plaster. But not ready to pay inner wall plaster. Do I need to pay for inner wall plaster or society need to pay the cost of inner wall plaster ? Do you have any documentation about this issue? Regards,
    Ajit.

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  • Ashok Jain says:

    I am residing in Mumbai. I am staying from 1993, the building has no OC Occupation Certificate. The society has not been form. We have formed a Association registered with Charity Commissioner. There is a leakage from the bathroom of flat above mine, The occupant are into construction business. The leakage is has spread from my bathroom to bedroom and even into the living room, This leakage is constant for last 9 months. I am also the Secretary of the building, but the occupants above me are not ready to listen, I have taken leakage reports from Structure Engineer which confirms the leakage is from the flat above mine. I have been recently diagnosed with Chronic Kidney Disease and am required to undergo “Dialysis” four times a week. I have been advised by my Doctors to ensure utmost cleanliness and hygiene at my place. The Ceiling and adjoining areas are with continuous dripping toilet water resulting in mosquito & parasite breeding. I request you to reply me the possibility to get repaired their bathroom / toilet and please suggest me a good lawyer to resolve my problem. Regards , A. Jain

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  • Ramya says:

    Hello,

    Our flat in Bangalore has a leak from the kitchen cieling the last 20 days from the flat above ours. We had a similar leak in our bathroom a year ago from the flat above us. The building is ten years old. The owner of the flat above wants us to get repaired at our cost as he claims we did not bear repair expenses the last time. Why did we have to bear repair expenses for a problem in his flat? We anyway got the damage in our bathroom cieling repaired ourselves.

    We got a person from the builder’s side to take a look. The leak seemed to have stopped after he applied white cement, but it has started leaking again. The owner is flatly refusing to do anything about it and the leaky patch in out kitchen cieling is getting bigger rapidly and almost reaching our woodwork.

    Our’s is not a registered association. Kindly advise on the next steps we should take. The matter is urgent. Thank you.

    R. Kaushik

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  • harish tendulkar says:

    Dear sir, I have leakage in my hall from stare case side i had given letters to society but they are not taking any action

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  • c.niranjan says:

    Sir we are facing almost the same situation.the owners on the floor directly above our flat are refusing to repair their toilet and it leaks continously on to our roof destroying our lofts and roof portion by portion.we are living in a flat in chennai.what is the legal action and the steps to be taken to prevent and remedy this situation.we have been putting up with this problem for the last three years and have tried to persuade them to do the repairs but they have not done anything about it.

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  • K V Gopal says:

    I live in the ground floor flat in a co-op grp housing societyin Rohini.
    The entire walls ,ceiling and even the floor of my flat had been extensively damaged by the severe water seepage over the last EIGHT years from the flat right above mine, I had been writing and contacting the managing committee since 2008 to resolve the issue. In fact the problem was discussed and even minuted in one of the AGM a couple of years back.
    Cracks have started appearing on the beams and other load bearing parts of the structure and the steel reinforcement bars in RCC have rusted and are now clearly visible.
    The owner of the first floor flat has been refusing to get the repairs done and now I understand that he has sold off the flat and gone elsewhere. His flat is now locked as no resident has occupied it thereafter.

    After I made several representations (oral and written) since the year 2008, to the managing committee of our society,the matter was taken up and necessary action was promised during the Annual General Meeting held in October 2014.

    The matter relating to the rectification of my flat in accordance with the rules was approved in the AGM has also been listed in the minutes of that AGM meeting. It is the duty of the society to get the flat repaired suitably to livable condition. The severe structural damage can cause any accident that may lead to injuries/ loss of life. However no action appears to have been taken till now.

    Last year,a big block of plaster with concrete had come off from the joint of the wall and ceiling in one of the rooms of my flat and fell down with a loud noise.Very fortunately I and a colleague of mine who was with me at that time had a miraculous escape as we were about to enter this room from the next room.

    I request your advice on how to proceed.

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  • Swati Yadav says:

    Our upper floor flat owner is not repairing his toilate seepage to my flat.we have informed to upper floor flat owner and also society committee 2 mths back but nobody has taken action till now and our building is not authorised. Kindly advice the legal action that we can take against him

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  • Krishnamoorthy says:

    I am flat owner in one Housing society situated in Panvel, Maharashtra and residing on the ground floor and there is a constant leakage from the toilet from the flat situated at 1st floor above my flat. There was also the leakage problems were on the ceilings of hall, kitchen, bathroom since last 4 years. However, I have got repaired 2 years before as the upper flat owner agreed to pay 50:50 cost of the repairs to be carried out at the toilet. But, after getting the work done he refused to pay. And I have got repaired all the ceilings of my hall, kitchen, bathroom, passages, etc. But, the leakage is started again after 1 year of the repairing work. Now, there is a heavy leakages in the toilet and there is seepage on the other ceilings of hall, kitchen, passages, etc. I have written many letters in this regard to the society committee & they insisted the flat owner but he refused to do the repairing & saying that as per law I have to carry out the repairing work & he is not responsible. Please advice.

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  • Krishnamoorthy says:

    Sir, I have given 2 letters to the managing committee in the last one year and the Managing Committee issued a letter 3 months back to the upper flat owner but he is not responded and now he become a member of the Managing Committee and says that as per law the leakage has to be get repaired by the sufferer. Please advise me to whom should I approach now.

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  • Sir, myself and my wife are joint owners of a flat in a low rise apartment in Ahmedabad (Gujarat). We are in Delhi currently for a decade now and my flat is in dispute in law as the tenant we had rented out our property did not vacate after the 11 month rent agreement expired and instead he approached court when we asked him to vacate with a story of him being victimized on verbal promise of sale of flat. He has no proof and the case dragged on for 7 years without their coming to the court,yet in just one hearing after issuing summons, the judge ruled that status quo to be maintained till final disposal of case. Now the flat is 16 years old and the water seepage have rendered the flat in a condition where it is dangerous to live in. Other flat members ( 8 of them ) in the same flat want it to be taken down and rebuilt. Flat is in registered society and we are members with share allotment. Since matter is still in court and it is in evidence stage where the tenant has not been able to submit evidence but has just deposited maintenance bill and electricity bill in trial court in the civil suit filed by him. Would be still have lien to the flat if it is taken down and rebuilt?

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  • Respected Sir, I wasn’t aware that this portal caters only to Delhi cases. I’m Sorry. Perhaps legal persons of Delhi are not equipped to advise in matters of other states. I had just asked for advise as I am on a lower scale in comparison to the learned legal luminaries who are championing for rights of others.

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  • Kiran Desai says:

    Hello,
    We are also facing a similar problem where the flat owner causing leakage and seepage of wash room is not taking any actions since last one year. Moreover the society office bearers are not taking actions against the flat owner. Thus they are supporting the flat owner to cause damage to the property and building. The all evidences can be shared if any actions is possible against the flat owner and the society.
    Thanks,

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  • Narendra Sinha says:

    I am senior citizen and lived in Patna, Bihar. Seepage from toilet from the upper floor flat owner. Upper floor flat owner is not interested to repair the same. Kindly provide me legal opinion for the same.

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  • Siva says:

    I have a flat in 3rd floor & rented it. In feb-2016, the corresponding 2nd floor flat people had seepage problem from my kitchen side balcony. I got it repaired along with replacing necessary material like pipe & plates in the balcony outlet. Also there was leakage in my kitchen wall in sink area. Again in July-August, they had leakage problem in their ceiling. This time without informing me, they got both the things repaired by self & now claiming for repair charges. I am saying within a short span of time, same problem is recurring & I have to pay multiple times. I’ll pay half the amount since I did it recently for you. They are demanding for full amount. Please guide me.

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  • Siva says:

    Thank you for your response ji.

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  • Sanjay Radaye says:

    I am leaving in a co-op society at Dombivli since 25 years and my flat is at Ground Floor and the 1st Floor Flat owner has two flats the flat above my flat he has done some renovation work in his house last 2/3 years back, he has converted bathroom to toilet due to which there is leakage in the bathroom at the upper side where i kept my water tank, i have reminded him several times, but he is not responding and it is not leakaging and i will not do anything and now he is saying that whatever the expenses took place we will pay 50-50, i want to ask that why i should bear the expenses, it is the internal problem of the upper flat owner and the upper flat owner has to solve his own, please give advise whether there is any bye laws where both uppper and lower flat owners shall bear 50-50 expenses? Please adivse what to do?

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  • Preeti says:

    I have a similar issue the flat above mine was not Co operating…so I told the committee members to add the point in the minutes and also if necessary action is not taken I will file a complaint with the bmc ..so as of now the owner of the flat above mine has agreed to make the repair as per society rules.

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  • Pushpa Melwani says:

    The owner of the above flat is not willing to have the leakage repaired for last three years. My husband and i r both Senior Citizens and r the owners of the flat below who r suffering please guide us

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  • DR.R.D.Joseph says:

    Dear sir,I am in the first floor and there is seepage from second floor toilet,so who should pay to repair the leakage?

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  • Samuel rapolu says:

    Dear Sir/Madam,
    I am in the first floor and there is toilet seepage to the allotted parking below so how should expenses be divided or paid by which party?

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  • Kala says:

    Dear sir /madam,

    I am facing water seepage problem since July 2016.I am living in the top floor of DDA Janta flat and their are four water tanks on our roofs. In the morning water overflow continously from the tank. Due to which there is seepage in our bathroom walls and it is spreading to the walls of the people residing below our house.
    My neighbor residing below our house complaning that the water is leaking from our bathroom. I have repaired my bathroom twice by the plumber brought by them but the problem is still there.
    If the water is leaking from the roof which is spreading to the neighbors walls also then what should I do?.

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  • Pankaj says:

    Dear Sir / Madam,
    My room is on 1st floor & there was leakage in my Bathroom and due to this ground floor room walls are getting wet. As a rule by mutual understanding I paid 50% of expense and balance 50 % paid by ground floor owner for bathroom leakage work did by society in my room.
    Now after 4-5 year again same problem is started and ground floor person is asking me again to pay 50% of repair charges.
    My question here is how many time i should contribute for repairs. This can again happen in future so whether i should keep on paying money for entire life.
    2) Ground floor room was actually not in original building plan. Builder has stolen parking place and made this room. I feel that could be one of reason for leakage problem.
    3) Same problem I also faced when 2nd floor bathroom was leaking and I get it repaired and 2nd floor room owner has not paid anything to me as contribution.
    Please suggest whether I should pay repairs charges again?

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  • Sunil KHAR says:

    Water leaking from upper floor bathroom. Owner not at all supporting. I called the National Consumer Helpline, but they stated that such cases are not covered. What to do?

    Sunil Khar

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  • anthony john says:

    We are a co operative society of 20 flats. Half the flats bath room toilets are leaking and creating a structural damage and nuisance to floor below. Socioety has passed a by law the meber of the flat has to bear the full cost of repairing the said flat and the flat below will not be paying any thing for repair. ever fter repeated warning repaioring is not done . Sutructural audit engineer says situation is very bad on the structure. It has to be done immediately. Can I take legal action against them. Your dvise. Where should I go to file the case against the members.

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  • R Kapur says:

    Pl let me know which legal expert to contact as the upper floor owner is not repairing his seepage which is ruining my kitchen… This us despite requests for a long time.. Thanks n regards. R Kapur

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  • AS says:

    Would like to get legal advice regarding upper floor flat not repairing water seepage problem for more than 1 year . Please advise.

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  • Kala says:

    Dear sir
    I am residing on the 3rd floor(top floor) of D.D.A Janta flat. There is 4 tanks installed on the roof and the water is continously over flowing from the tank in the morning hours due to which there is a seepage in bathroom and latrine walls.
    I have talked to all the three neighbours living in ground floor to 2nd floor and they are not ready to sought out the problem and not accepting that it’s their fault.
    Does giving application to Dda executive engineer with proper photos and videos as proof help to sought out this problem.
    Please help

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  • Harshada says:

    Dear sir,
    I am residing at Mumbai in +40 yrs. old CHS society .out of 12 buildings, 11 buildings are maintained and major repair was carried out, however only my building’s major repair is not carried out since 1993 onwards.Major cracks are generated .out of 24 members ,only 7 members are ready to contribute for major repair.
    out of 24 members ,only 10 members are residing and other 14 members are having 2nd home so they are not residing here.
    Few members have kept their flat under lock & key, while some members had given their flat on rental basis hence they do not bother about repairing ,They are interested in redevelopmrnt ,however it is not viable in our case ,as per new norms no benifits are available The 10 members are under risk because plaster, part of slabs are fallen down every now & then.
    please advise us how to collect contribution from all the members. MC are not interested as they are also interested for redevelopment.redevelopment is lengthy procedure hence to prevent the building to undergo dilapited condition it is better to repair.
    Even we had forwarded request to registrar in the year 2009 as resolution for the repair was passed in th year 2009 but invain , we have not received any reply from registrar.Even we had forwarded letter to BMC ,they told us we cannot interfere in Pvt, society.
    please advise us how to accomplish this major repair project?

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  • Harshada says:

    Dear sir,
    I am residing +40 yrs old CHS society at Mumbai.Approx. in the yr. 2007 , overhead tank was totally broken out from inside & it was replaced.while replacing the tank, contractor had not cleaned the mud , broken iron pieces from old tank hence all these waste were collected in the pipeline and it gets chocked.I am residing at Gound floor hence there was no water in my house. periodically intimated to committee then also no response in this matter.I had intimated committee via letter, that, I will call plumer from outside & get it clean.The spent money will be deducted from 2nd instalment .There was no response from the committee hence I called the serviceman and paid the amount and accomplished the work.

    I had deducted spent amount and remaining amount cheque was forwarded before due date to the society along with an original receipt given by serviceman.The society had not deposited the cheque even my reminder and put my name under defaulter list and every now and then they charge me an interest @ 18% (not simple interest).

    They have not replied me why they have not deposited the cheque even after many reminder.They have not returned my cheque and recipt back.Their calculation is also wrong.I have drawn their attention then also they are not rectifying the error.
    About 10 yrs. are also passed away .I have paid new cheque to them.new committee had deposited the cheque but they are asking me the cheque for the deducted (spent amount) amount. I am not ready to pay that amount as they should deduct these amount from contractor;s account.All members had paid equal amount then why I should pay spent amount from my pocket?
    Hence society charged me an interest@18% is justufy?
    Advise me to resolve this issue.Actually it waas not my mistake they had violate the Bye law ,not replied me within 15 days.they have not given me an explaination for not depositing a cheque.Till date they have not given me back the cheque and receipt.

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  • Ashok kumar singh says:

    I am owner of a ground floor flat in Indrapuram. My both bathrooms have seepage issue due to leakage in sewage and water pipes of upper floor. Have complaint to RWA regarding this but they also not able to resolve the issue. A property dealer deals for upper flat and neither is ready for maintenance nor providing the address or contact number of owner. Please suggest what should I do.

    Regards,

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  • arun goel says:

    i am the flat owner in a building my upper floor toilet line is liked last 2 years he is not willing to repair that so what can i do against him ligelly pls tell me what can i do

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  • Fernandes says:

    How do we approach the consumer forum or consumer court. Please give us the adddress

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  • Hari Om says:

    My Name is Om and i have leakage problem in my flat and First floor owner does not Repair there Toilet. I Already give him Rs36,000 but leakage continued now he is Asking again for money.. please sir help me what should i do. .??

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  • Vamika Rawat says:

    Hello Sir,

    I live in a private colony in Delhi. The person living on the upper floor has constructed a 3 floor house above our house which he has lent totally on rent.
    There is a lot of seepage in our house because the owner of the above house has not repaired his toilet and kitchen water outlet pipes. At times even there is water leakage from the ceiling in our living room and kitchen. We have asked the owner to repair it but he does not listen. We have also raised a concern with our colony’s CRWA (Residential Welfare Association) but there are no help from their side as well.
    I want to lodge a police complaint and file a case in the consumer court. Please suggest how I should go about it.

    Thanks
    Vamika Rawat

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  • Amit Kohli says:

    I live in a ground Floor, Adrash nagar Delhi in Private Colony.The person living on the upper floor has 3 upper floor.There is a lot of seepage in our flat because the owner of the above floor has not repaired his toilet and bathroom. Water is leakage from the ceilling in our room.So now what action i can do against him.Can i file FIR and case against him.Please suggest

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  • SANKARPRASAD P PAL says:

    from last 2 years my family was suffered seepage problem from my upper flat, i had already 2 time written complain to my HSG. Soc. but they are not taken it seriously and given only verbal assurance, now by that reason my cellings, Beams and Pillars are damaged in my flat, please help me and guide us where should i go? what is the procedure to complain against this problem to Municipality (MBMC) or Thane Register as i am staying at Mira Road.

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  • V.S. Moni says:

    Dear Sir
    I’m living in Chennai. I own a 1st floor unit in a flat of 4 units. There is a leakage (AC sweat water) from my upper floor (2nd floor). I’ve been requesting the upper floor owner who occupies the floor forr the past 4 months to carry out the repairs, but he’s not taking any steps. There is a seepage in my balcony wall and also in my balcony ceiling damaging my property and also risk of short circuit etc. Is there any recourse available to hold him responsible and get compensation. I’m mentally disturbed.

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  • cgunjala says:

    I am residing in Hyderabad, the person living on lower flat is complaining about seepage from my toilet. I personally went to see seepage but I do not see any seepage in his house. We had past incidents which created hatred between us and I understand to harass me he is constantly blaming me of seepage from my house. How I proceed and also he is denying to give any acknowledgment for the repairs in case done in my flat. Please help how to proceed and how to get acknowledgment from the lower flat owner. Please advise.

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  • Saurabh says:

    Respected Sir,

    Does notice sent by society administrator has any legal implications.?

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  • K.Krishna Kumar says:

    I (K.Krishna Kumar) staying at Anandbagh, Malkajgiri, would like to inform you that my upper flat owner Mr. Ganesh is not repairing his toilet. It is 30 years old building. He constructed his new toilet without informing the below flat owner nor association. When he constructed new toilet, they was a problem and our flat below his flat, seepage is flowing. On complaining, he repaired after one month. Again, after one year the same problem araised from toilet. On complaining many times, he repaired after 4 months. Again after 1 year, the same problem persists, now his is asking to bring engineer and certify that this problem is caused because of his toilet room. Sir, I would like to ask before constructing new toilet, had he taken structural engineer certificate since this building is 30 years old.

    What should I do, can i claim damages from him, where to apply. Sir, I requested our association to look over this. I want to take a letter from association that this person is cooperating, file a case in police station and also in court.

    As per the initial aggreement with association, It was clearly mentioned that no disturbance should be created by any means, for any modification they should take permission.

    Sir, kindly suggest me what should I do and how to proceed, so that these type of flat owners should be punished and the people like should not suffer.

    Waiting for your reply.

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  • Vijay Kumar Mathur says:

    Hello Sir,

    I am owner of DDA flat in Delhi Sarita Vihar. The flat is on the 3rd/top floor and my main balcony desperately needs repairs as poses a huge risk of falling down. To repair this I would have to install structure/scaffolding in the premises of the ground floor owner however he keeps denying permission. This is going on last 6 years and my requests are continuously denied by him. The balcony can fall off any moment and endanger the life of my family as well as the other floor owners. What is the provision with MCD / DDA for such complaints as they say it needs to be handled mutually. Thanks to guide.

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  • Mrs. Bandukwala says:

    I am residing in Pune. I have severe leakage from second floor flat near the washroom areas spreading to my living room n kitchen. I have bee constantly requesting them to fix he problem that is from last two years. They do small fixes but again the seepage starts. Please advise what I can do.

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  • ravipawarkar says:

    I am residing in Pune. i have purchased a flat in 2008 i was having a toilet leakage problem from 2010 from above flat.I have done repair at that time by myself only. now again same problem prevailing. can it be get done by above flat owner this time .ours is a registered society. society also not
    responding in this matter
    where to approach what are the laws in such case

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  • D.C.S.Rao says:

    Can Co-operative Group Housing Society can wipe out existing greenary, plants, bushes, parks, etc for extending FARs with out clearance from environmental angle? What are the rules the Society violates if they do so?

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  • Natha Sawant says:

    Dear Sir,
    I have just got the home on 4th floor. My building construction is just about 18-20 months now. However to my surprise the owner from the flat on 3rd floor started complaining that there is seepage in his dry balcony and he is suspecting it due my bathroom. I have contacted plumbers and couple of my expert friends to identify the root cause but they failed to identify the same. I am now left with the trail and error method to break my tiles and bathroom hoping that the problem might go away. The guy on 3rd floor had mentioned that the issue was there before i took the possession and started living. He also mentioned that the issue arises mostly during rainy season and he had contacted builder but he refused to look into the matter. Now the blame is on me and i have to bare the cost of demolishing my own bathroom and building it again in hope of solving my neighbours seepage issue. I am more concerned about the after effects of make-and-break of my floor as i have heard that people have observed cracks on their floor after such construction and that will make situation even worse if not better.
    What do you suggest on this situation
    * Should i go ahead and do the construction
    * Do i have to bare all the cost on my own
    * Should i blame it on builder as he did not do his job well enough and ask him to fix his mistakes
    Please advise
    Thanks

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  • Naqvee says:

    Respected sir/Madam,

    This case starts from the year 2009,we live in Jamia Nagar-Okhla,Delhi-110025, we are in big time dilemma that the upper floor above us,(we live on first floor) the second floor’s WC TOILET’s water seepage has ruined our whole toilet and bathrom, not only the seepage is occasionally high but the water comes out of the walls aswell, gets in the switch board as well(we have recently send this person all the videos and pics on his whatsapp but no reply).

    With lots of arguements in 2010,the owner of second floor(our distant relative as well unfortunately), neither comes and nor he listens to our pleas,and after few years, rented this floor to his tenants and he time and again,fueled their minds as well that we people fight alot, where as we only wanted to get the repairs done solely on our cost as we had no other way.(so we have to enter the second floor at any cost, to repair the seepage with white cement etc but the tenants many times refused us, even to open the doors for us.)

    But after suffering this much, we are now adamant to get justice and repairs at his cost plus compensation for this deterioration of our house and shafts.Our mental peace has been ruined, our mental harrasment has been done by this person, as my father is an old age person,we have suffered in silence now no further.I am his daughter and can’t bear this mental torture by seeing our house ruined like this.

    Kindly contact us and we need to work on this real quick.Thank you so much.

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  • Advocateji says:

    Dear Mr. Naqvee, your mental peace will deteriorate if you do not take proper action. We advise you to engage any or our legal expert to ensure that you get rid of such a problem for ever.

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