Sathyanarayanan R (Retired Software Professional) 22 July 2012

Who has to pay for the damage in a flat due to other flat

I am the owner and resident of a flat in an apartment at Chennai. Two years back, I noticed that the wall between hall and bathroom in my flat is cracked and water is leaking through it. I consulted with few of our flat association members and then with plumbers. All are confirmed that this is due to changing of the closet from Indian to Western in the flat above my flat. In the one-year of period, the electric switches and wiring in the wall are burnt/damaged. The flat owner suggested to check whether it was due to rain. I waited for rainy season to over and checked too. Finally the flat owner was agreed to rework at bathroom of his flat and he had had reworked his bathroom. He has paid for the rework at his flat. But, according to him and plumber who had done the rework, my bathroom wall would take time to dry. But my wall is still leaking when the tenant of his flat is using the bathroom. So, I searched for good plumber and got quotes from few plumbers. I have sent the scanned copies of these quotes to that flat owner and requested him that he has to arrange for another rework with suggestions of the plumbers. I also mentioned that he has to pay for the rework at his flat and I will pay and do the repair of the wall at my flat. He replied that I need to get his bathroom rework done and he will pay only 50% of the cost. He did not mention anything about repairing my bathroom wall and electrical rework.

Now, my question is why I need to pay 50% of his bathroom rework cost and 100% of my bathroom wall repair and electrical rework since the damage is caused by his bathroom work, which has not been done properly. I request you to give your legal opinion and suggestions on this to get justice and whether I can move it legally. Please let me know if you need any more detail/clarifications.

Thanks.

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5 Replies

Tajobsindia (Senior Partner ) 23 July 2012

1. Bze you are acting extra smartly without being Owner of neighbour flat by sending him some second quote.

2. All that you should have done was to take second quote and sent to your flat Owner.

3. Your flat Owner if does not own neighbour flat may send your second quote to neighbourflat Owner and now it is between him and neighbour flat Owner what understandign they arrive at concernign damages claim. You are just a tenant you cannot impose your wills and demands on neighbour tenated flats though you are gettign affected.

4. Damages - All major works in a tenated flats are responsibility of its rightful Owners. Minor work can be undertaken with permission of the Owner by its tenant restricted only to the tenated flat and not neighbourhood flats.

You as per me have no locus standie to instruct / advise / demand from neighbour tenated flat anything. All communications has to be routed through your Owner. This is a case even due to neighbour tenated flat you being tenat of your flat is found to be suffering. See you yourself are stating here that in the flat where you are tenant the flat owner carried work in his own tenated flat i.e. where you as tenant is living inspite of knowing the problem is from neighbour tenated flat he didnot carry any work in neighbour tenated flat, had it not been so then he would have carried work in neighbour tenated flat too in first instance that also after seeking permission from neighbour tenated flat's Owner!

Now in a case if both flats are owned by same Owner then also the second quote communication should go to its common Owner not to tenant(s).

If you want to use Law then the case would show like this; You as tenant applicant vs. neighbour tenant as respondent 1, neighbour tenated flat owner as respondent 2 but then your Owner needs to give you permission to file such suit matter is my view otherwise he will protest to you as it is his flat which he has given to you on tenacy.

Sathyanarayanan R (Retired Software Professional) 23 July 2012

Thanks "Tajobsindia" for your kind reply. It seems that you have misunderstood my identification; perhaps I would have not properly described. I am the flat owner of one flat (in first floor) which is damaged by the flat located straight above my flat (in second floor); this second floor flat owner is tenanted his flat. The flat owner in my question-descripttion, I mean second floor flat owner. The problem is between the second floor flat (affecting flat) owner and first floor flat (affected flat) owner, that is me.

Sorry for my unclear statements. Please go through the descripttion again, keeping the clarifications in mind, give me your kind opinion/advice.

Thanks.

Tajobsindia (Senior Partner ) 23 July 2012

Oh.

1. Then in that case he has to pay 100% of his re-work as well as pay to you damages for injuries caused to your flat due to negligence of work carried out in his flat.
2. You can first sort this out via Resident Association by a written Complaint notice. if that does not solve the issue then file a straight damages case against that flat owner.

AMAR RANU (Legal consultancy) 23 July 2012

Nothing is maintainable in the eyes of law, civil or criminal, unless and until the bonafide authority in the field of civil engineering establishes without any iota of doubt the exact source of aforesaid leakages.

Mere suspicion,apprehension or estimatiom does not work in any field of law.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 27 July 2012

Mr Satyanarayanan

You have stated your case correctly. I do not know why Mr.Tajobsindia understood it in the wrong way. You have written about an Association. Have you got an association? If so is it a registered one? If registered is it registered under the Societies Registration Act or the Tamilnadu Ownership Flats Act? If the Association is registered it must be having registered byelaws. Do the byelaws say anything regarding the problem similar to yours? Byelaws under Societies Registration Act will be a weak one.

The type of problem you are facing is a complex one. The upper floor flat owner may have done some work in good faith. He may have used expensive tiles. If he has to replace and redo the work with assurance that the leak will be stopped, it is a difficult proposition. But at the same time your interests also have to be taken care of. An active association with good byelaws can go a long way in addressing problems like yours.

In any case getting quotations and proceeding do the job is not the right way to do things. You have to first consult a qualified and experienced expert to give proper advice. Then qualified and experienced plumbers and masons should do the job with guarantee under the supervision of the expert.

If you answer my questions in the beginning, I may be in a better position to advise you.

In the meantime let the Association appoint a committee with one member each nominated by you and the upper flat owner and also other members nominated by the Association. Both of you present your cases before the Committee and let them advise regarding how to go about and also the sharing of payments.

Generally in buildings with registered associations and byelaws it is the first responsibility of Association to pay for the basic work. After that the work should be leak tested. If there are no leaks the respective members can be allowed to continue their cosmetic work.

If you have further questions post them here.