Water/toilet leakage in my flat from the above flat

rboopathy (Querist) 17 March 2015 This query is : Resolved
I have purchased a flat recently (second sale, 14yr old) one month back. after purchase during renovation i found severe water seepage in my toilet walls inside and outside wall of beside main hall and bedroom sides. I have checked the root cause of the problem with the civil engineer during renovation, he said it is due to the upper flat toilet floor problem. This i have informed to the flat association and as well as the upper flat owner verbally. The upper flat owner refused to take necessary repair work of their toilet floor, inspite they are blaming their upper flat because they also facing leakage problem from their upper flat. Unless they get rectified from their upper flat they will not repair their toilet flooring they said. This response seems very childish and even flat association not able to manage them. THe problem is severe because one side of my hall wall seepage is severe and iam not able to keep any electrical pionts there, already front wooden showcase completely damaged due to this seepage. Please help me out how to handle this problem.

With request,
Boopathy

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Anirudh (Expert) 17 March 2015
It would have been wise on your part to have borne the repair charges of the first floor toilet so that your problem gets solved! My suggestion may sound strange, but one has to be pragmatic. Assume that you have to fight it legally, how much you will be end spending up? If the first floor fellow co-operates to permit to repair at your cost that itself would be great (he can even refuse to permit you to do the repair even if you are ready to bear the expense!)

Rajendra K Goyal (Expert) 17 March 2015
Try to have amicable solution of the problem. If it is not possible, you can send legal notice and proceed legally against the society and the flat owner. Legal step is time and cost consuming.

M/s. Y-not legal services (Expert) 17 March 2015
Yes. If you decided to legal proceedings mean just appoint an advocate and issue the legal notice to the flat owner. There may be sppedy remedy than oral request.

H.M.Patnaik (Expert) 19 March 2015
Such problems often recur in old residential apartments and end up in major damage to the structure if not repair at the nick of the time.Normally litigation on such issues get prolonged over period of time and does not ease your difficulties / consequential financial loss.

In this background of the matter, it is advised that you should find out ways to sort out the matter involving society office bearers or mutually acceptable person in your best interest.