Water leakages in my flat due to improper use/maintenance of occupants of above flat
ramamohan k
(Querist) 29 September 2011
This query is : Resolved
Dear Sir/Madam,
Re: Water is coming from roof & walls due to improper use/maintenance of above flat.
I am owner of flat No.202 in second floor, water is coming from roof/walls due to improper use of occupants of my above flat. i.e., flat No.302, in third floor. I requested the owner of the above flat to repair your flat and arrest the leakages. But the flat owner imformed me to share the repair charges. I informed this to flat owners association, but they said the repairs works should shared equally. The Apartment Act which read as follows:-
Maintenance and Repairs— (1) Every owner must perform all
maintenance and repair work within his own unit.
(2) All the repairs of internal installations of the unit such as water,
light, gas, power, sewerage, telephone, air-conditioners, sanitary
installations, doors, windows, lamps, and all other accessories, shall be
at the expense of apartment owner concerned.
(3) The Owner shall re-imburse the association for any
"expenditure" incurred in repairing or replacing any common area and
facilities damaged due to his fault.
Please advise me, how to solve this problem. Which forum/court is suitable for justice.
K. Rama Mohan
Hyderabad.
adv. rajeev ( rajoo )
(Expert) 29 September 2011
It is the duty of the owner to do all the necessary things, not doing so amounts to deficiency in service. Issue notice to the owner if he didn't do the same then file consumer complaint.
Guest
(Expert) 01 October 2011
Dear Rajeev,
I would like to diifer with your opinion about consumer complaint and would request you to clarify, how the case can come under the purview of the consumer forum, and how the owner of upper floor can be considered as providing any service to lower floor neighbour?
ajay sethi
(Expert) 01 October 2011
are you staying in cooperative society?
if so then in a society if any leakages arise in a flat from above flat then both the flat owners have to bear the costs equally ?
lodge a complaint with secretary of the society. secretary will take inspection of the flats concerned and both have to share costs equally
