Leakage from terrace flat to lower flats

Periagaram Shankar (Querist) 11 July 2020 This query is : Resolved
I live in 3rd floor and there is a private open terrace above me. Due to damages done on waterproofing of the private terrace by previous owner of 4th floor, water seeps heavily on to my bedroom. The current owner of 4th floor refuses to repair it as the damage was created by a previous owner. The society turns Nelson's eye saying that it is a dispute between two flats and they can not be involved. Please explain whose responsibility is it to repair the same, who should bear the cost and what are the options open to me if he refuses to repair it.

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Quick Summary

If water is leaking from a private terrace above your flat and causing damage, the owner of the upper floor is generally responsible for the repairs and costs. The housing society typically cannot get involved in disputes between individual flat owners. If the neighbour refuses to cooperate, you may need to seek legal advice to compel them to repair the damage or claim compensation for your losses.

SHIRISH PAWAR, 7738990900 (Expert) 11 July 2020
Hello,

In case if neighbour does not allow to repair you can file suit for damages sustain by you. You can also compel him for repairing the leakage. However I will suggest you to solve the leakage problem amicably between you and your neighbour. Society has no role in dispute between you and other person.

Rajendra K Goyal (Expert) 11 July 2020
Try to have amicable solution.
If the repairing charges are bearable, take consent of owner and society and get it done. Litigation may take time and cost. May lodge claim on neighbor and society lateron.
If not possible proceed to obtain court orders in the matter.

Dr J C Vashista (Expert) 12 July 2020
The owner of upper floor is liable to get the seepage repaired at his own cost.
Is it cooperative society or any other type of society where you are living ?
In CHS there are clear law/ rules to get seepage repaired by owner/resident of upper floor and MC is competent to get it done.

Rajendra K Goyal (Expert) 14 July 2020
What is approximate cost of repairing?
Whether owner has refused to allow you to get it repaired?
What are the instances / plea of society?

krishna mohan (Expert) 14 July 2020
You can get the problem inspected by a professional to arrest leak proof. But, this may have to be done from 4th floor and with the consent of your neighbour. Amicably solve the issue and think of litigation if the cost is high and you are deciding to enforce your right to get the compensation for the damages and loss suffered.

Rajendra K Goyal (Expert) 15 July 2020
The author has not provided the required information, no further advice possible.

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