Ground floor owner wins water leakage case

Mr. Bari, a ground floor owner in a Kalyan housing society, had been suffering from water leakage issues emanating from the flat above him since July 2012. Bari alleged that the previous owner of the first floor flat, Mr. Bhandari, had performed civil works on the bathroom floor tiles before selling the flat, causing the water leakage. Despite informing the society about the issue, it took multiple complaints for them to act, with repair work costing Rs 4,500 completed in May 2016.

In 2018, the water leakage problem resurfaced, leading Bari to personally repair the issue, costing him Rs 36,750. However, Talreja refused to allow repairmen inside his flat, halting the repair work. This led Bari to file a case in the Maharashtra Co-operative Appellate Court. Despite Talreja's claims that Bari's contractors had caused damage to his floor tiles, the court ruled in favor of Bari, stating that the stoppage of repair work for the flat owner might result in significant financial loss.

The court acknowledged the concerns of privacy and safety for Talreja and his family, and agreed to appoint an independent engineer to inspect the issue. The engineer confirmed the leakage but could not determine the exact source. Consequently, the society had to allow repair work, as per the AGM resolution passed in 2018, and Bari won the case after an 8-year legal battle.