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Steven   30 September 2022

Flat leakage

Hello Sir,

I stay in an 4 floor apartment. My flat is located on the second floor. The flat was purchased by me in 2015 and was rented out. For the past 1 year, it was noticed that the ceiling of the flat was leaking in the center of the hall and center of the bed room making it unusable.

Later it was identified, that the leakage was from the Third floor bathroom, I personally paid the plumber to get the Third floor bathroom repaired as the third floor owner was reluctant to pay the plumber charges. After some days, the leakage started again and it was noticed that the external walls of the building had some cracks and the water was entering from these cracks. I reported the issue to the society and they told me that they don't have the money and I will have to repair it at my cost. I spent money to get it fixed.

Still the leakage did not stop, and now it was identified that the water is leaking from another flat on the Third floor and the owner of the flat is refusing to pay the repair cost..

Therefore, my honest request to you is, should I continue to fix all the bathrooms of the apartment at my cost or the owner of the flat is liable to pay the cost. I need legal advise as I cannot continue to repair the bathrooms of the other flat owners going forward.

Form the last 8 months the flat is without tenants. I was receiving monthly rent of 15K . also I am regularly paying the building maintenance of 11500 Rs. per year

Appreciate if you can guide me on this




 2 Replies

Sourav Das (Advocate Supreme Court of India)     30 September 2022

Dear client, 

Issue legal notice through advocate to those flats owners for repairing their leakages. Then file suit for damages in vivil court, as due to their leakages you are suffering. 

Generally these kind of matters are settled amicably after issuing legal notice itself,  do not worry.

Call or mail me for assistance. 

Dr J C Vashista (Advocate)     30 September 2022

It is the responsiblity of the owner of the floor/ flat above your flat.

Talk with him / her and settle the matter amicably. If the upper flat owner do not agree to get it repaired seek intervention of Managing Committee (if it is a Cooperative Society) or RWA (if it is an association) as the case may be..

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