Leakage sipping out from flat

Jaimaharashtra (Querist) 02 October 2018 This query is : Resolved
Hello!

We've been staying in western suburbs of Mumbai on the first floor of a building that is about 40 years old. We've changed the pipe line about 15 years ago and made it concealed. Also, have changed the flooring of the bathroom to red tramite and applied tiles to the wall during the same time.

Now there is a leakage which is sipping in a flat beneath us and the flat owner and the society wants us to remove the apparent leakage.

My question is, in case of me repairing my bathroom for removing leakage, will the owner if the flat beneath me liable to share 50%expenses.

Any legal citations or bylaws to that effect shall be highly appreciated.

PS.: Our society has maintained that I need to take the necessary action as and that the society is not liable for the expenses or taking any corrective actions.

PPS.: A prompt response shall be highly appreciated.

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Kishor Mehta (Expert) 02 October 2018
ONLY the expenses of repairing the LEAKAGE has to be shared equally by you and the member residing immediately below your flat. However the expenses of repairing and fixing tiles etc have to be borne by you.

Dr J C Vashista (Expert) 03 October 2018
I respectfully disagree with expert advise of Mr. Kishor Mehta.
Entire expenses for repair of leakage from/ through your floor has to be borne by the occupant/owner of upper floor, which shall not be shared by any one else.
Read the MCS Act/ Rules and the Bye-laws adopted by your Society.