[Resolved]  Co-Operative Housing Society — water licking roblem

we are having a water lickage from the flat above us and he is not willing to repair the same
kindly let us know what legal action we can take against him
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Aug 14, 2020
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Builder — Builder problems in a housing society

Hi,

I have bought a 2BHK flat in Jan 2005 in a society of 50 flats and 20 shops. Till now builder has sold only 10 shops and 25 flats.

As per the agreement, builder was supposed to give the possesion in Aug 2006. We checked the status of building every month since Jan 2005. The building was 90% complete in Apr 2006. But since then builder slowed down the work in building.

Everytime we asked for the possesion date after Aug 2006, he started stating that he is not getting the Completion Certificate from Navi Mumbai Muncipal Corporation (NMMC). Till Jan 2008, he delayed the possesion. And in Feb 2008, he asked the flat owners that if you need the possesion, you need to pay Rs 72.5 per sq.ft extra and also you need to sign the indemnity bond where by he can sell the open parking. Now he is asking for Rs 1.5 Lakh for car parking and Rs 50K for scooter parking.

Builder has not given us the Completion Certificate from NMMC. When I enquired with the NMMC officials over the phone, they told me that your builder had not submitted all the papers. When I told the same to builder, he told us that NMMC officials are lying and he had submitted all the papers.

One more issue is I gave my flat on rent recently as I stay in Pune. My builder started asking for Rs 1 per sq. ft maintenance charges for the flat as I have given it on rent. Whereas I have given Rs 2 per sq. ft maintenance charges for a year already to him while taking a possesion of the flat.

I want to know -
1) Can builder sell the open parking?
2) What should be the maintenance charges for a flat given it on rent?
3) What is the step to get the completion certificate?


Regards,
Raj

Personal — maintenance works to be carried out

Sir,

I have been allotted Accn No 161, Sector 1, RK Puram, recently. The condition of the quarter is very poor/shabby. Necessary repairs/maintenance are required to be undertaken to make the quarter habitate. Your instructions on the subject to the concerned authorities are highly obliged.
we are having a water lickage from the flat above us and he is not willing to repair the same
kindly let us know what legal action we can take against him
register a complaint with secretary of the society. mention that under section 48(a), (b) the society should act. it is clearly mentioned in this section 48 that the secretary alongwith one committee member shall inspect the flat from where the leakage is occuring and shall give notice to the concerned flat owner to carry out repairing work in a stipulated time. if the concerned member fails to carry out repairing work, then the society shall carry out the work and recover expenses from the concerned member.
also write that u will take action against the society as well as committee if they fail to act u/s 48. it is now committee members personal responsibility to look in to the matter or they will have to pay you damages because the new bonds to be submitted (M-20 forms) by the committee members hold them personally responsible.

co operative housing society — flats not being maintained

several flats in our society, are left unattended and not being maintained. the ceiling beams and coloums are all falling apart. the flat is locked with no one staying in it for the last 13 years. it has been sold in the same condition to another buyer who is also not opening the flat and it remains in the same condition unattended.
I SMT MANIBAI LACHMANDAS KHATRI AS GIVEN SEVERAL LETTER AND I AM 70YEARS OLD LADY BUT THE SOCIETY MEMBERS AND COMMITTEE MEMBERS ARE NOT SAPPORTING ME AS THEY HAVE PERSONAL PROBLEM AND THE SECERATORY HAS BEEN ASKING NON PAYMENT
DUES WHICH I HAVE STOP PAYING PAYMENT AS BECAUSE OF NOT REPAIR TERRACE LEAKAGES FROM LAST 3 YEARS AS I HAD TOLD HIM TO MAKE THE TERRACE BY MANSOON BUT IGNOR ME ASKING TO CLEAR THE DUES AS WHAT SHOULD I DO SHOULD I REPAIR MY OWN AND DEBIT TO SOCIETY OR SHOULD I GIVE HIM BUT I AM NOT SURE THAT HE WILL REPAIR THE TERRACE LEAKAGES ALSO HE HIS NOT READY TO RESIGN FROM SOCIETY HE HIS FROM LAST 11 YEARS AS A SECERATORY SHIP SAYING THAT NO ONE WANTS TO TAKE RESPONCEIBLITY TO BECOME SECERATORY SO THE MATTER AS TO BE TAKEN TO REGISTER OFFICE
I Aslam Mukadam have a residence in Madhuvan Park Mira Road, Dist Thane-401107

Is facing a leakage problem form more than 1 year an i had complained
ware bale an numbers of time to respected chairman n secretary but till date
Nun of them had responded an even 5months before I had given in righting
To secretary n chairman but till date it is not done n same problem was having with respected chairman n secretary they have solve there problem but this problem not getting resolved at my place when I m telling them they r telling we will think
so kindly look in the matter n help me out because it very serious problem
my wife n children stay all the time in house if some short-circuit will happen then who will be responsible the society had done 1month before the leakage problem an spend more than 60, 000 rs on it but they cant solve my problem so kindly help me
it will be your greatness i[censored] will help me I am also sending u the picture of my house from hall to bedroom, bathroom n kitchen all place is leaking so kindly help
I HAVE ONE QUERRY REGARDING CO.OPERATIVE HSG. SOCIETY. IF MEMBER IS HAVING TWO FLATS AT SAME FLOOR BOTH ARE ADJUSENT. WHILE RENOVATION AND REPAIRING FLATS CAN OWNER OF TWO FLATS PERMANANTLY CLOSE MAIN DOOR OF THE ONE FLAT. IS THIS ACT IS LEGALY VOID
we shop ownwers want to know that in a shopping cum residential building is there a law that shop owners should pay commercial water charges likely for 2 to3 buckets for drinking water daily.
I have taken possession on Jun 2004 in newly constructed complex. Some of complex member came together & started proposed co-operative society. Up to March end 2011 builder is handling maintenance & all complex related expenditures & same is taking from all flat owners. From April 2011 builder requested to proposed committee members to take charges of all complex related expenditures. Till date we do not have registered co-operative society.

Up to September 2009 there was not a single problem in my flat. From September 2009 there was leakage started in our lobby from slab. I called builder person & asked to rectify the same. They tried but leakage not stopped. After some time leakage started I my one bedroom & then after second one.
I am writhing mails with photographs to builder saying to rectify all leakages from September 2009 & also having face to face meeting with top most person of builder. After long mailing & meeting with builder, they have tried to rectify from below slab but they have not able to stop the leakage. At the end they said this rectification work of leakage to be done from above us flat bathroom.

I have also given mail (3 Times) to proposed committee members

Builder gone to that flat owner & requested them to give permission to work in their bathroom, but that flat owner not allowing builder to work in their bathroom.

Please let me know what should I do as legal.
Sunil S G
I AM A ONWER OF A FLAT IN MUMBAI HOUSING SOCEITY.MY FLAT IS ON THE TOP FLOOR OF THE BUILDING. THERE IS LEAKAGE IN THE CEILING FROM THE TERRACE. I HAD JUST PAINTED AND RENOVATED MY FLAT . THE PAINT HAS PEELED OUT DUE TO DAMPNESS AND MY FURNITURE HAS ALSO SPOILED. I AM PAYING REGULAR MAINTAINANCE OF MY FLAT. I HAVE MADE WRITTEN COMPLAINTS TO THE SOCEITY BUT THEY ARE NOT CARRING OUT REPAIRS ON THE TERRACE FLOOR WHICH HAS BECOME SOFT AND WATER IS GOING INSIDE THE GAPS INTO OUR FLAT. IS THE SOCEITY RESPONSIBLE TO MAINTAIN THE TERRACE AND BLOCK THE LEAKAGE ? CAN I STOP THE MAINTAIANCE OF MY FLAT TO THE SOCEITY..AND WHERE SHOULD I COMPLAINT NEXT AS PER LAW.
I have been following many posts pertaining to water leakages in apartments from the terraces located above the same apartments as also from apartment bathrooms and toilets.

Taking the legal route for solutions can be a long and arduous journey, especially in our courts. It is tantamount to sitting on the problem while the water seeping into the structure does all the harm. Consequently, the structure’s integrity suffers and repairing these damages could cost a fortune.

We have a QUICK, PERMANENT & ECONOMICAL’ solution for these types of leakages which is a win-win proposition for all those who are affected by such problems.

We specialise in repairing dripping and seeping leakages from the above flats by working from the lower flat ceiling itself. No breaking or demolition of Tiles, Floorings and Ceramic ware - No disturbance and no mess job - Life-long guarantee - No more bitterness among neighbours - Peace and harmony with all.

Repairs completed in 5 hours.

Hallmark Waterproofing Solutions
Hello hallmark waterproofing solution team. I stay at vasai and facing the same issue as what every other member here is facing. Based on your comment, can you execute the solution at vasai? If you do, then please call me on [protected]
Regards
Ameet Babrekar
Hello hallmark waterproofing solution team, I stay at Powai and facing water dripping from the above flats. Based on your comment, can you execute the solution? Please call me on [protected]
Reply Urgently

Unjust Water Leakage Charges from flat owners by Cooperative housing society Ltd

The water leakage rule made by the MC of this society doesn't involve the duty of the secretary or the responsible authorities.. but it involves the watchman visiting the flat for inspection. The MC has levied exhorbitabnt charges (Rs. 2500) without any confirmation from the flat owner and witohut any visit to the flat by the committe member.
The flat owner also called for a plumber and no leakage was found by the plumber.. however, the MC is not ready to listen and is still going ahead with the fine stating that the Watchman's visit to the flat (no inspection done by the watchman whatsoever) alone will be considered as the proof.
What can be done against the Managing committee/ Secretary in this case.
i am getting a same problem as above i.e leakage of slab of kitchen during monsoon as well there is leakage through wall of bed room.

please led me know how hall mark solution can solve this problem and also give me details of clause or co-operative society act by which i can demand repair from society

thank you
vishal - [protected]

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