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  • Category: Indian Law

    Drainage issue with lower floor residents

    Have a query about plumbing and related damage to building? Want to know what legal steps can be taken against the others residents responsible for this issue? Find responses form experts here.

    My building has total 5 floors (G+4) and sold on floor basis I am living on top floor.
    The residents of 1st to 3rd floor have choked the main drainage pipe of kitchen line and blocked.
    Their own drainage pipe with cement and as result of this every time when rain falls or their water tank get over flowed all the dirty water spread to my floor to my floor which contains the risk of electricity current and Dengue as well. I requested them many time to get it repaired but all of them blamed each other and refused to do so.
    Today when I came to my house all was spread with water and dirt due to overflow of their water tanks.
    As this has became a regular practice and contains the risk of building damage as well due to dampness in walls as well
    Can you suggest me what legal action I can take against them.
  • Answers

    6 Answers found.
  • There are certain conditions to be satisfied while constructing a building, especially for residential purpose. If only those conditions are satisfied the permit for construction will be issued by the Local authority (City corporation/ Municipality/ Panchayath). Plumbing and waste management are important among them. Sanitary set up must be clearly indicated there. In multistoreyed flats, the waste disposal methods from each storey must be clearly indicated.
    It is the Local self Government which is to approached with complaint if the system is not working properly. If it is your own building, you will be instructed to do the necessary modifications. However, a plumber must be consulted about the corrections to be made. Since more residents are there make joint effort to rectify the mistakes. That will help sharing the expenses too.


  • You can go to the local self Govt agencies but they will only advise you to do the needful. I presume that you do not have a formal society among you to resolve the issue.

    In such a scenario, you have to sit together with like minded people in your society and then pressurise the erring members. These conflicts require patience and diplomacy for resolution as the residents are independent and not bound by a formal code of conduct unlike housing societies.

    You can also consider collecting some token money in the name of the general maintainenance from all the residents and clear the choked lines everywhere and not only in the flat which is giving problem to you.

    Please remember such problems can be solved only through pursuation and collaborative efforts and fighting will only deteriorate the scenario.

    Knowledge is power.

  • There are certain regulations to be followed in housing co- operative societies such as maintenance of cleaning, to look after the plumbing or electrical - maintenance and for all such services, the tenants are required to pay additional charges by way of maintenance - cost.
    In the absence of such facilities, it is always a better idea to start negotiation with your colleagues living in apartment for raising additional funds to sort out such issues like blocking of drainage, sewerage - disposal or security - personnel so that the safety and cleanliness of the environment is protected.
    If the housing has been provided by the owner/ builder, talk straight way for the redressal of the existing problems.
    If the construction has been taken up by the individuals, you may talk to the Municipality for a better guide - line.

  • What I suggest to you is before going for legal actions, please have a discussion with the builder who sold you the house. You can ask him to conduct a meeting with all the other residents and decide on the course of action for solving your problem. As the lines are common for all the floors the responsibility of maintenance is a common responsibility. So you have to see that the builder will pursue the matter and see that an amicable solution will come at the earliest.
    Generally, when we have a common premise like this we have to maintain a common fund for making repairs and maintain the area by collecting every month a fixed amount from all the families residing on the premises. The fund can be managed by one of the house owners and the accounts can be shown and discussed in the monthly meetings. This fund will come in handy for such repairs.
    As you are suffering because of the problem more than all others, you take the initiative and conduct a meeting. You can also suggest that initially you will spend the money and they can pay their share afterwards.
    I don't think there is any legal method to solve this problem. It can be solved only by discussing with the residents and explaining them the issue.
    One more way I suggest. You can approach the corporator of your area or any well-known person to all the residents and explain the problem to him. Then he may conduct a meeting with all the people and try his best to solve the problem.

    always confident

  • The simple remedy first: Temporarily and (most practically) I suggest you put 'Drainex'in the clogged drains from your end. There is much possibility that the drain clears.
    If that does not work, then follow the suggestions given below:

    Have you got any mechanism like resident association,apartment owner association etc in your bldg to see the daily administration and maintenance? If so take up the matter with them . First it has to be established that the problem is caused by the negligence or intention or ignorance by the 1st,2nd or 3 rd floor residents.
    The way is to open the drainage joints at these places and remove the clogging at common expense. Then everyone should be informed about taking care and making them aware of the matter and care. Install fixed filters in sinks and drains before the common pipes in every floor home to avoid waste materials clogging the drains.

    If there is no common set up, then the top floor residents can join and clean the choking one time, and tell everyone to be careful. From next time if it happens, a complaint may be lodged with the health department of local administration for necessary remedial measures. If that also does not solve, write to the local self government office) Corpn, Municipality, Panchayat ) explaining things and ask for permission to take your drainage pipe bypassing the other problem floors.

  • Lets go over one situation at a time
    Problem with Society flat owners?
    1. You can raise this to society chairman and try to get this sort out through society maintenance.
    2. If you don't have formed society then you have to deal this on your own or through mutual consent.

    What can be done for drainage?
    1. Call plumber and identify root cause of problem. Ask him how much for repair? If it is low amount then better to pay and fix it. It is marginal amount and problem is really common due to other people then talk to them and share amount.
    2. If other flat mates not ready then bypass your water through other channel and put cap on where water comes to your floor. Since there is no one responsible for society structure you dont have to worry about what you do.

    Legal action?
    1. Yes you can legally complain in police but it is very domestic issue to go to police.

    Life Is Beautiful

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