Upgrad LLM

Leakage in flat.

This query is : Resolved 

28 May 2009

I am facing problem of leakage of water from bath room and latrine from flat above my flat. Despite several requests, the owner of flat above me are not getting their bath room and latrine repaired contending that leakage is from out side pipes and should be repaired by the coop society. Society contends that leakage is due to defect in above flat and it should be repaired by its owner.Owner of flat is not cooperating for getting repairs done even at my cost.
I reside in Gujarat.

What is the legal remedy for me? How can I compel said flat owner to get repairs done. Society is ready to get it repaired if it were problem of outside pipes.

Y V Vishweshwar Rao Online (Expert)
28 May 2009

The same Problem with all Flats

it is the Society to find out whther it is Common Faciliites/pipes problem ,the Society to get the repairs

If it is the Problem of upper Flat owner he should to get it repaied , if nto co- operating, there are some rule and regulation - bey laws of Society or a Gen Body -Resolution - to meet the situation -However the Society should prevail over the said Flat owner and get it repaied

adv. rajeev ( rajoo )Online (Expert)
28 May 2009

I agree with Y.V.V. and why don't u issue legal notice to the flat owner and co-opertaive society.

Uma parameswaran (Expert)
28 May 2009

If nothing stipulated in the society's norm ,send a complaint to the flat owner if he is not taking action forward a letter to the society .If it also failed file a complaint before registrar .If he is also not taking action you can take legal action and claim damages.

B.B.R.Goud. (Expert)
01 June 2009

you try to find out problem exactly where it is?
then you approach to your co-op society to solve the problem.
otherwise you can consult an advocate, to issue a legal notice and thereafter file a case in the court of law.
all approaches must be in writing...

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