leakage my flat (bathroom ) damaging ceiling of below flat

Ashita Kohli (Querist) 04 April 2015 This query is : Resolved
Dear Sir/Madam,

I own a flat on the 26th floor and have received a complaint from the flat below me that they are facing leakage problem from my flat and that thier ceiling in the master bedroom is getting damanged rapidly. We have an attached Master bathroom in the bedroom.

The building has got its OC in April 2007. On of my well wishers had once suggested that as per ByeLaws, incase a building has not completed 8 years from the date of its OC and there are any leakages observded from the flooring then I will not have to bear the cost of repairs provided the flooring work is not done i.e. its the same as provided by the builder. The work can be done on mutual understanding betweeen me and below flat owner by splitting 50% cost.

Need to know how true it is or any other solution to it. That is how do i respond to the society and what should be the work around.

Second thing is that society is harrassing us for a leakage from the kitchen Nani trap. Way back in Sep 2012 the issue was raised by them and repairs were done by us from the plumber provided by building. Cost of repairs was borne by us. Again after a year they are complaining about leakage. We havent received any complaint from the flat below with regards to this however society keeps complaining that 18th floor is complaining about it. Now my question is that incase there is a leakage from my flat then below flat should be the most affected i,e, 25th floor and not directly the 18th floor.

Need to know that how are leagakes from Nani trap detected and who should carry out the repairs.

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Advocate M.Bhadra (Expert) 04 April 2015
After taking possession there would not have merit to file a case in Consumer Forum against the Builder. But you have alternate relief you can file a Suit for Declaration and Damages against the builder with party added to the society.

ajay sethi (Expert) 04 April 2015
the society plumber will inspect the flat and inform you whether any leakages are from your kitchen nani trap . you are correct that if any leakages are from your nani trap the flat below should have suffered .

if flat below complains of leakages from your bathroom repair it . costs can be split equally