Villa owners win suit over flooded cellars
SEVEN property owners whose villas in Sheshan, Songjiang District, were flooded three years ago have received compensation ranging from 69,000 yuan (US$10,040) to 134,000 yuan from developers, according to Songjiang District People’s Court.
Heavy rain on August 24, 2015 caused flooding in a villa complex in Sheshan inundating the basements of 62 villas. In some places, the depth of water reached 80 centimeters, damaging the structure of the buildings and items stored in the basements.
It was later found that the outlet of the community drainage network had been blocked, which backed up the rainwater flowing into the pipes, flooding basements and underground garages. Villa owners made complaints against the two developers. It was claimed that the two had connected the community to a nearby creek rather than the city drainage network, and built a dam near the outlet, stopping the water from flowing away.
Seven homeowners filed suit at the district court and demanded compensation of more than 800,000 yuan. During the hearing, the developers said that since the warranty period of the houses was two years, they were not responsible and the owners should be blamed for their failure to remove things from their basements in advance. The so-called “dam” near the community had nothing to do with drainage, they added.
The court found that developers had failed to make a sustainable drainage plan and drained the water into the creek without approval. The “dam” was found to be a secondary cause of the flooding.
One of developers was ruled have 75 percent of responsibility, while the other was held responsible for 25 percent.