Seepage Problem from 3rd floor

Amit Bhatia (Querist) 19 January 2019 This query is : Resolved
My family lives in Lajpat Nagar, Delhi at Ground Floor. And our whole building has 4 floors + basement.

Problem commenced 2.5 years back when seepage started and problem occurred at 2nd floor. Myself, 2nd floor owner and 1st owner discussed the matter with 3rd floor owner and they gave several justifications and didn't accept to fix the problem. Since then we decided nopoint of discussing any matter to 3rd floor.

3rd floor owner has terrace and they are not allowing to fix tanker of1st owner because of their personal dispute. Legaly, they cannot stop but again no one thought of taking legal action because of senior citizen and time.

Now after 2.5 years, problem still exist and seepage reached 1st and ground floor both.

I stay at Ground Floor and having twin boys of 2years. We are struggling with this problem and causing health issue and damage to our property.

Today, 19th Jan 2019. We called plumber and took his consultation and furthermore he explained all problems in front of 3rd floor. Moreover, 3rd floor owner wife didn't allow us to get inside and didn't ready to show their floor but later after several arguments, plumber went to see their toilet and other areas. And we also saw terrace with the help from her husband.

After all consultation, plumber gave quotation of Average Rs 45000 to Rs 50000, which included approx Rs 10000 of Drainage Pipe. And 3rd floor also has damaged tanker and having toilet problem too.

All floors are agreeing to pay for Common Drainage expense but not for terrace maintenance costing around Rs 35000 to Rs 40000. However, 3rd floor owner has to pay on his own for his tanker and toilet, which we doubt based on our past experience. Initially we were thinking of paying together for common expense but when terrace owned by 3rd floor and damage happened to his property and we having no problem with our tanker, then why should we pay his damage.

Having Said that, We all are aware that he will not going to fix this seepage problem causing due to damaged terrace, as we have experienced alot in the past. And if we all floors won't contribute, this problem will remain same forever. Further causing whole building damage, health issue to children and senior citizens.

Lastly, 3rd floor has some social network which might happen to delay any legal action and unnecessary expenditure and time waste. Hence, We need assistance to fix this problem in single go.

Please suggest and if possible we can talk on phone.

Thanks
Amit
9873441374

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Dr J C Vashista (Expert) 20 January 2019
Since this platform has legal experts wherein you have sought legal opinion and advise, isn't it?
You have stated to have been facing seepage problem for the last 2.5 years, why did you accept/tolerate and did not initiate any action through RWA, neighbours and/or other respectable persons of the locality?
You will have to move to Court for issuance of permanent and mandatory injunction, with damages (after assessment through approved valuer and plumber) through a local prudent lawyer.