SHARING OF COST
SRIPRAKASH BHATTACHARYA
(Querist) 25 September 2008
This query is : Resolved
IN A MULTI STORIED BUILDING OF A COOPERATIVE HOUSING SOCIETY OR APARTMENT OWNERSHIP SOCIETY WHEN A LEAKAGE IS OBSERVED IN THE TOILETS BY THE FLAT OWNER WHO IS JUST DOWN BELOW THE ABOVE, WHO WILL BEAR THE COST OF REPAIRING ? SHOULD IT BE SHARED EQUALLY BY BOTH THE OWNER OF THE DOWN FLOOR FLAT AND UPPER FLOOR FLAT OR THE UPPER FLOOR FLAT OWNER ONLY.
LOGICALLY, I FEEL THAT THE OWNER OF THE DOWN FLOOR FLAT WHO HAS BEEN SUFFERING FOR NO FAULT OF HIS OWN SHOULD NOT SHARE THE REPAIRING COST.IT SHOULD BE DONE AND BORNE BY THE UPPER FLOOR FLAT OWNER AS HE IS RESPONSIBLE FOR HIS FLAT.
SHALL BE GRATEFUL IF ANYONE GIVES ME TRUE, LEGAL AND LOGICAL CLARIFICATIONS ONN THIS ISSUE.
SRIPRAKASH BHATTACHARYA, KOLKATA
bhattacharyasriprakash@gmail.com
25.09.2008
ARVIND JAIN
(Expert) 26 September 2008
I think that you must get ir repaired and if the owner of the upper flat dont bear the cost,you may share.Because if you go in litigation cost will be much higher and you can say how will win and when you will get 'justice'.
Srinivas.B.S.S.T
(Expert) 27 September 2008
You must have been paying maintenance charges to the society or association isnt it. If so then you can file a consumer complaint againt them. If the owner of the owner of the upper floor flat is not coming forward to get the leakage repaired. If the date from which you have obtained the possession certificate from the builder is within three years you can sue the builder of the complex.
