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Bearing of cost for water leakages

(Querist) 15 October 2014 This query is : Resolved 
Hi,

I am residing on 4th floor and there is water leakage to the 3rd floor house. We asked the plumber and he suggested to check the flooring of my house to identify the cause of water leakage.
My question is who will bear the cost of repairing of water leakages.I am ready to bear half of the cost
what are the legal procedure if the lower floor owner does not support for sharing joint (50-50) of the cost.
Devajyoti Barman (Expert) 15 October 2014
Yes both of you should bear half the cost.
If one is not ready to ber the same then the other should pay the whole.
Legal recourse to recover the said money is not a wise idea.
ajay sethi (Expert) 15 October 2014
litigation is an expensive proposition . better settle issue amicably with your neighbour . if he refuses to pay 50%share get leakage repaired at your cost .

you can also complain to secretary if 3rd floor refuses to rectify leakages . if no action is taken by the society move cooperative society against society and member
Sudhir Kumar, Advocate (Expert) 16 October 2014
basically it is your responsibility to ensure that no water leaks from you pipe.
J K Agrawal (Expert) 16 October 2014
He will pay who is in fault. Naturally the person below your flat has no fault. If seepage is there due to some mistake at your flat you have to pay.
Siddesh (Querist) 19 October 2014
I have already repaired 3 bathroom with the cost of rs 5000......however there is one more repairing pending with estimated cost of 25000.....Being middle class family...I can't afford to incur full 25000.....is there a way to divide the cost half between both of us....what would be the legal procedure if the below floor owner does not agree?
T. Kalaiselvan, Advocate (Expert) 19 October 2014
It is a mutual understanding and not a legal issue. As a matter of fact, since the seepage is cause from your side, it becomes your responsibility to get it repaired, however, you can request the other person to share the expenses to certain extent.
Sudhir Kumar, Advocate (Expert) 19 October 2014
It is his generosity if he agrees to bear cost or else can compel you to get the repair even if the cost is double of what you think.


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