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Flat leakage issue

(Querist) 09 October 2014 This query is : Resolved 
We have flat on top floor & below flat owner had informed us that there is some leakage in his flat from our flat. So both we agreed to carryout work in 3 step immediately with sharing cost. at each step leakage will be observed for few days.
Now 1st step has been completed still there is leakage so we have to decide to proceed for next step. Now other person is saying that due to leakage there is damage in wall & water heater in his house & he is saying that i have to share cost for that as well, which i have denied. Now he is threatening that he will take legal action & even not ready to share further cost.
Nothing was in writing from both side, just mutual trust & we always tried to cooperate for all work even we are staying above his flat.

So my main query is - As per law whether the repairing cost against leakage has to share by both parties or even damage caused by this leakage also has to share.

Appreciate your advice.

ajay sethi (Expert) 09 October 2014
has the flat owner in his correspondence earlier mentioned about damage to water heater / wall ?
Rajendra K Goyal (Expert) 09 October 2014
Whether any society exist managing the building affairs, if so Whether the society was approached ? If the Building is not old enough whether the fact was brought in the notice of the builder?

When and how the leakage started ? You should keep mum if no amicable solution possible and threats received for legal action. Any legal action from him inspite of your cooperative attitude will not be providing relief to him in near future. In such case consult a local lawyer.

Shirish (Querist) 10 October 2014
This building is very old building but well maintained. The other owner has informed the leakage & we visited his flat to observe it. at that time wall seepage was their & based on that only we started work but he never informed about damage to heater or else.
We just informed to Society orally but as it was internal leakage Society has not interfered init, so we decide to solve it.
Anish Thakur 7018812737 (Expert) 12 October 2014
He can sue for damages under tortious liability.


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