Charanjeet Singh Osahan
I purchased a 2BHK flat in a building situated at Dahisar (west) in Mumbai in the year 2005. I spent a lot in renovation as I had a good paying job.
In early 2007 member residing above my flat carried out renovation including both the bathrooms. Soon after leakage from both his bathrooms started which was brought into his notice. He called his contractor and his contractor did some patch work and it looked leakage has stopped. As ceiling plaster of both of my bathrooms had come off and there was damage to ceiling and walls of my bedroom and passage area I carried out repair work in early 2008 spending quite a sum. Soon after repair work leakage started again and it was more severe than before. This time I wrote a letter to Society with a copy to him. Society wrote a letter to him asking him to repair his bathrooms to stop the leakage. first he refused to repair it saying he is not facing any problem so why should he do it. he also asked me put tiles in my flat to stop the water.
Matter lingered. Meanwhile I wrote few more letters to society and society sent couple of notices to him through an advocate which he refused to accept despite notices sent by registered post and UPS, he refused to accept my letters too.
The damage this time was so severe that water was dripping in my master bedroom damaging my furniture. Water from the bathroom attached to my hallroom crept inside electrical junction boxes causing short circuit. Luckily there was no fire as I had ALCBs installed during renovation of my flat. Water is also damaging one of the beams in my master bedroom.
Now the member has agreed to carry out thorough repair but is asking me to pay half the expenses. I want to know following:
1.Am I liable to pay half the expenses where I have already suffered so much financially and mentally? I lost my job in 2011 and am not well placed financially.
2.Has Society done enough writing a couple of letter and Notices which he never read?
3.What about the damage to my flat and heavy cost I will have to pay to restore my flat?
I will oblige if you can guide me in this matter.
I C Naik
“Water leakage” is universal issue across every society. Leakage in bathroom from upper floor is predominant feature as one or the other member is re-doing his/her bathroom.
Bye-laws require prior permission of the managing committee for any alteration/modification. An alert management makes sure that the requests for repairs are covered by an undertaking to repair seepage to ceiling of bathroom below.
Bye-Law No 160(a) has a list of repairs being the responsibility of the managing committee to attend out of society funds. Item (x) Structural Repairs of roofs of all flats, and (xiv) all leakages of water, including leakages due to rain water leakages due to external common pipe line and drainage line provide a description quite close to the complaint you have in your flat and you could press your point on that count.
Now it has become a knotty issue to get solved through this Bye-law provision.
You have to take the matter to formal external authorities where two concurrent remedies are provided. Both involve prosecuting the Society (more particularly the managing committee ). You have seek permission of the Dy Registrar as so required under Section 148(3) “[No prosecution under this Act shall be lodged, except with the previous sanction of the Registrar.]”
As provided under Bye-Law No 175{B} a dispute has to be raised before the Cooperative Court as regards item ( c) Repairs, including major repairs, internal repairs, leakages.
You have to narrate the story and assess the amount of claim you think reasonable which you are going to claim including compensation for stress also.
Simultaneously you should file a complaint to the District Consumer Forum. You can collect necessary info using the following URl
http://www.cdrc.gujarat.gov.in/history.htm
