Leakage in bathroom to lower flat
sukrut patil
(Querist) 13 October 2015
This query is : Resolved
Hi,
I stay on 2nd floor in my apartment.
There is a leakage in 1st floor flat from my bathroom.
I want to know who should pay for the repair charges. Do I need to pay for complete work or 1st floor flat owner should contribute in the repair work.
More info.
1. MY flat is in a co-operative society.
2. I am paying monthly maintenance to society.
3. Its a 7 year old building. (So I don't think it is because of some construction problem)
(In some posts I see replies from Ajay Sethi in which he mentions that both flat owners should bare the cost 50 - 50. So if it is a law then can I get some related document which I can show it to 1st floor flat owner.)
Thanks & Regards,
Sukrut
Anirudh
(Expert) 13 October 2015
A very good question.
But there is no law on the subject.
Having said that I must share with you some very strange things that had happened some 3-4 months back in Delhi.
In one incidence, the third floor bathroom gave way and fell down on the person who was in the second floor toilet and died. The third floor owner was arrested for negligence and he is facing criminal case.
In another locality, a second floor person (lady) fell down from the toilet on the first floor and broke her hip and thigh bones. Nobody was arrested. But the lady was operated for the fractures and plates have been fitted.
Let me repeat, there is no law on the subject as to who should bear the cost of repair.
R.K Nanda
(Expert) 13 October 2015
leakage is common problem. ur liable to pay for all repair works as leakage is going from ur flat.
Rajendra K Goyal
(Expert) 13 October 2015
Is it due to the lack in design / construction or otherwise?
Better get the repairing by mutual understanding.
Sudhir Kumar, Advocate
(Expert) 14 October 2015
It is common for the first floor owner to expect to bear 50% rather 100% of the cost of such repair.
At times it is expected that the lower floor person may also pay for inconvenience to the fist floor person on account of such repair.
It is your pipe which leaks on to his head. You have no ground to compel him to share cost of repair.
Sudhir Kumar, Advocate
(Expert) 15 October 2015
same views are expressed for repeated thread at
http://www.lawyersclubindia.com/experts/Leakage-from-terrace-to-lower-flat-565456.asp
