If the residents and/or society refuse to cooperate in resolving the internal leaking problem, you can file a complaint with the local BMC ward office.
Under section 381 of the Bombay Act No. III of The Mumbai Municipal Corporation Act, the BMC has the authority to inspect and subsequently issue a notice to the resident residing above.
The commissioner will examine and investigate the problem and come up to a solution.
The Commissioner is authorised under section 381 of the M.M.C. Act to issue a notice directing the person producing the nuisance to abate it.
Section 381 does not expressly authorise the notification to be issued by a subordinate officer of the Commissioner.
One can appeal to the Cooperative Court/Municipal Corporation/Local Authority Appeal under following grounds :
Leaks, major and minor repairs
Issues with parking and allocation of dwelling
Resolutions of the Managing Committee
Disputes over the management committee’s election (except nomination refusal)
High building costs, disagreements over architect or redeveloper selection
Issues with water supply and expensive maintenance/recovery costs
If you are being harassed by committee members on a regular basis, including but not limited to rude/impolite behaviour, verbal or physical threats, or attacks, you must go to the nearest police station and submit a FIR. You can approach the police after getting a police NC (non-cognizable) one can approach Civil Court for further redressal.
Reference: Bombay Act No. III of 1888.
The Mumbai Municipal Corporation Act
381. (1) (i) For the purposes of this section, a nuisance shall includeÑ
(a) any pool, ditch, tank, well, pond, quarryhole, drain, watercourse or
any collection of water ; or
(b) any cistern or other receptacle for water or any article or thing
capable of collecting rain water during the monsoon season whether within
or outside a building; or
(c) any land on which water accumulates or is likely to accumulate ; or
(d) any premises or any part of any premises occupied, or unoccupied,
or under construction, reconstruction or demolition; which in the opinion
of the Commissioner is, or is likely to become a breeding place of mosquitoes or which is, in any other respect, a nuisance as defined in clause (z) of
(ii) The Commissioner may, by notice in writing, require the person by whose act, default or sufference, a nuisance arises, exists or continues, or is
likely to arise, and the owner, lessee and occupier of the land, building or
premises on which the nuisance arises, exists or continues or is likely to arise
or any one or more of such person, owner, lessee and occupier, to remove,
discontinue or abate the nuisance by taking such measures and by excecuting
such work in such manner and within such period of time as the Commissioner shall prescribe in such notice.
(iii) The Commissioner may also by any notice under clause (ii) or by
another notice, served on such person, owner, lessee………..