Leakage from above flats from his bathroom to our ceailing.
Ashwin Goswami
(Querist) 07 December 2012
This query is : Resolved
Respected Sir,
I Ashwin Goswami, residing at Krishna Flat,Opp.Spandan Hospital,Sindhwai mata Road, Vadodara 390004, in first floor, My flat no is 104. There is a leakage in my flat from the bathroom and leaving room of Mr. Vinod Rochwani who is staying above my flat, his flat no. is 204. Due to leakage the water is slowly seeping has already damaged my walls. The filthy bathroom water is also causing a bad stink in our house which has endangered our health.
I have repeatedly asked Mr. Vinod Rochwani to carry out repairs and plug the leakage. He is ignoring it. Before this the leakage was repaired by me by my own cost, now he is not cooperating me even if I am ready to pay the repairing charges.
So please advise me who is responsible to repair the leakage from the roof of the above flat. Give me reference for any Law Or Act regarding this.
Murtaza Chherawala
(Expert) 07 December 2012
As regards the law, the State laws shall have to be studied. Since I am a lawyer from Maharashta, I cannot comment on the laws. In case there is a registered Society or condominium, you can approach the Society first. In case you can prove in Court that the leakage is due to any repairs carried out by the person residing above your flat, you can also recover the expenses. In case the leakage is due to general wear and tear, the costs shall be borne by you. The only option is to go to the Civil Court.
ajay sethi
(Expert) 07 December 2012
generally as per cooperative societes act in case of leakages costs have to be borne equally by both the members . if the other member refuses to rectify leakages and carry out repairs issue him a legal notice .
you have not mentioned whether cooperative socety is formed or not in respect of your bulding .
if socity has been formed move cooperative court for appropriate reliefs
