eludic 10 August 2019

Leakage from the flat above

Water has been seeping from the flat above into my bedroom quite heavily since the last 10 days. On investigation my plumber zeroed the cause of the leakage from a bathroom the flat above. When water is shut seepage into my bedroom stops however when he turns the water back on leakage resumes. There already has been considerable damage to my bedroom wardrobe and colour which I got it done a year and half back. The flat owner is refusing flatly that the leakage is not from his flat. I offered him to pay half the cost to fix the leakage however he is still not ready to agree. My biggest worry is that I have a small child who moves around the house. I am worried about him slipping on the water from the leakage or getting a shock from the electricals as the switches are accessible for him. I have filed a complaint with the society who has decided to intervene and get both parties to discuss the issue. My question is, if that doesn't work out what can I do next to resolve the said issue? If I am to send him a legal notice to him then do I need any written report from anyone to suggest the water is leaking from his bathroom? Do I need the report to file a complaint with the municipal corporation too?

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4 Replies

G.L.N. Prasad (Retired employee.) 10 August 2019

If it is a flat tell that owner to get it repaired, and if there is a delay, get the repairs done by your plumber, as ultimately it is your structure that is going to be affected. Bring this lapse to that owner and to society politely and then resort to such action for recovery of the amount spent by you. If your building is new, let the society bear the cost for such deficiency in construction.

eludic 10 August 2019

If it is a flat tell that owner to get it repaired

I have already requested numerous times however he is in a denial mode that the leakage is from his flat.

and if there is a delay, get the repairs done by your plumber, as ultimately it is your structure that is going to be affected.

The leakage is coming from the concealed piping from his bathroom. It is not possible for me to get into his house and break it.

Bring this lapse to that owner and to society politely and then resort to such action for recovery of the amount spent by you. If your building is new, let the society bear the cost for such deficiency in construction.

It is an old society and they are trying to intervene in the issue. My question is what action can I next take if their intervention does not materialise?

P. Venu (Advocate) 10 August 2019

The flat owner is under strict obligation to get the repairs carried out. You can issue a Legal Notice and if necessary, initiate civil and criminal action. However, it would be prudent to obtain expert opinion on the issue.

eludic 15 September 2019

Hi I am re-updating this article of mine as the issue is still impending. The flat owner above had stopped using his bathroom from which the water was seeping into my bedroom for a month to month and half and hence the water had stopped seeping. Although he is still in denial mode that water is coming from his flat. He insists it is rain water. The society couldn't do anything even after complaining to them a numerous times.

I am now looking into legal means to resolve this as the water just seeped again into my bedroom at midnight tonight (zero rain outside). I messaged his son who replied that their bathroom is still shut.

How do I take this forward? When you suggest that I should get this verified by an expert in plumbing, I got this verified by my plumber and the society plumber although I do not think any of them are in a state to issue an expert certificate.

Please help as I am desperate to resolve this. Please advice the next course of action!