Upper floor owner refuses to repair

S Basu (Querist) 15 May 2024 This query is : Resolved
My dad owns the 1st floor of an apartment building. The 2nd floor was bought Mr s. Pal approx 6 years back. He polished his marble kitchen floor and damaged our ceiling which we got repaired. Last month he again polished his floor but the damage was much more severe. Our ceiling cracked and water started dripping on snd from 4.5.24. He refuses to repair his floor saying we should repair our ceiling. But without repairing his floor repairing our ceiling is pointless. My dad is an octogenarian cancer survivor. Please advise

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An apartment owner's upstairs neighbour has caused significant damage to their ceiling by polishing their marble floor, leading to water leaks. The upstairs owner refuses to repair their flooring, making repairs to the ceiling futile. The downstairs owner is seeking advice on how to compel the neighbour to fix their floor and cover the damages, as the building lacks a formal association to mediate the issue.

T. Kalaiselvan, Advocate (Expert) 15 May 2024
You issue a legal notice to him to get your ceiling repaired or to reimburse the cost of damages failing which you can initiate suitable legal action for recovery of the damages you suffered.

kavksatyanarayana (Expert) 15 May 2024
Did you not raise this problem before the Committee of your society? If the committee do not effort anything complain to the Dy. Registrar of society under which act is registered, lastly you can proceed legally.

S Basu (Querist) 16 May 2024
No it's a small apartment with 11 flats and no proper association. I'm from Kolkata. The lady who collects maintenance and other residents refuses to get into this.

Sudhir Kumar, Advocate (Expert) 16 May 2024
Upper floor owners never repair ceiling/ pipes etc unless compelled by law.

You meet a lawyer with proposal to initiate application before SDM under Section 133 CrPC.

S Basu (Querist) 16 May 2024
I don't need them to repair my ceiling. I want them to repair their flooring so I can repair my ceiling

P. Venu (Expert) 16 May 2024
As already suggested, the remedy lies in initiating a civil action. As the first step you may issue a legal notice. You also have the option of the bringing the matters to the notice of the Adalata functioning under the District/Taluka Legal Service Authority.

T. Kalaiselvan, Advocate (Expert) 16 May 2024
The querist had been advised properly by many experts of this forum, but he seems to raise one or the other query in each post subsequently without realizing the fact that the more he delays the more he will suffer loss.
We can only suggest the steps to be taken to resolve the problem, we cannot push him to do it.

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