Court: Society not liable for flat water leakage

A senior citizen in Mira Road East, Thane, named Mr Gupta, faced a significant problem when water leaked from his ceiling, causing extensive damage to his units. In March 2022, he reached out to Dr. Fixit Institute for assistance, who identified the issue as severe leakage from concealed plumbing lines in the bathroom of the first-floor flat owned by Ms Srivastav. Dr. Fixit's team quoted Rs 10,000 for necessary repairs, but Gupta's efforts to convince Ms Srivastav to make the repairs fell on deaf ears.

After notifying the housing society about the issue, Gupta's pleas went unheeded, leading him to file complaints with the police and the Deputy Registrar. Frustrated by the lack of action, Gupta sought legal recourse by sending a notice to the housing society and filing a court case. On July 4, 2026, the Maharashtra Co-Operative Appellate Court delivered a ruling that was crucial to understanding the dynamics of such disputes.

The court's decision clearly stated that a housing society, being a corporate entity, is not responsible for repairs in individual flats. The society's role was limited to maintaining its building and common spaces, and it could not be held liable for seepage, leakage, or any resulting damage to individual units. Consequently, Gupta couldn't rely on the society for compensation, but he could undertake the repairs and potentially recover the costs from Ms Srivastav if it was proven that her flat's leakage directly caused the damage to his units.

This ruling underscores the importance of individual responsibility in maintaining one's property and highlights the limitations placed on housing societies in terms of financial responsibility for private apartment repairs.