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Damage caused to the one member by another member

(Querist) 15 September 2009 This query is : Resolved 
I would like to know that if due to some internal work carried out by one of the member who stays on say 3rd floor, leakage starts in the 2nd floor flat member who is responsible for repairing the same??? Is Society responsible for carrying out the repairs in any way??
please clarify with the help of the bye-laws if any.riven
A V Vishal (Expert) 16 September 2009
The owner of the third floor is responsible for the damage caused by the poor quality of work done by the contractor hired by him for carrying out the internal work in his flat.

Absolute legal responsibility for an injury that can be imposed on the wrongdoer without proof of carelessness or fault.

Strict liability, sometimes called absolute liability, is the legal responsibility for damages, or injury, even if the person found strictly liable was not at fault or negligent. Strict liability has been applied to certain activities in tort, such as holding an employer absolutely liable for the torts of her employees, but today it is most commonly associated with defectively manufactured products. In addition, for reasons of public policy, certain activities may be conducted only if the person conducting them is willing to insure others against the harm that results from the risks the activities create

Adinath@Avinash Patil (Expert) 16 September 2009
The owner of the third floor is wrong doer he is responsible for the damages caused.riven
Sachin Bhatia (Expert) 16 September 2009
The owner of the 3rd floor is responsible for all the damages.riven
Sarvesh Kumar Sharma Advocate (Expert) 17 September 2009
Tasmia Abdul ji,
Yes,The owner of the 3rd floor is responsible for all the damages for repairing .riven

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