unco-operating neighbour

latharamesh (Querist) 03 December 2008 This query is : Resolved
Sir
I Have an apartment in 2nd floor and having severe seepage coming from the bathroom of the thirdfloor. The water literally dipping in my door. Since the matter was urgent i repaired the third floor apartment's bathroom,completely replacing the tiles etc., the cost came to Rs.27000. now the third floor people are not ready to bear a single paise for that. what is our remedy?

Follow Query

Report Abuse

ESTHERPRIYA (Expert) 03 December 2008
You can very well claim it under the Contract Act under the provisions of Unjust Enrichment. No one should be allowed to enrich themselves at the cost of another. So by the bills and all other expenses receipts you can very well lodge a claim in appropriate court of law. OR

You can claim against the builder who built the flats negligently and for deficiency of services on their part.

A. A. JOSE (Expert) 04 December 2008
You may either file a civil suit against the third floor occupants for recovering of the proportionate share of amount spent by you on the basis of the documentary evidence for the same, or move the consumer forum for the same. If builder can be fastened with the obligations, that should be done and he may be made the first respondent in aforesaid proceedings.