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elbee barboza (HR Executive)     23 August 2013

Leakage from the flat above

I've been facing a problem with the flat above mine for the last few years. Ever since they've come to stay there we've had a problem of leakage and dripping in one of my bathrooms. This, on the wall that hosts my electric geyser. We've gone to them a few times in the past asking them to rectify the issue. In the last few months we were getting our house renovated and went to them in January to seek an amicable solution. They hedged and only reverted back to us with a probably solution end of May. Now, the society where we're staying hasnt been registered yet, nor is there an OC obtained. However we almost have 100% occupancy and the builder is working out the details of handing over the society to the flat owners. The people staying above have used this to their benefit and in the past have alwas brought the builder and his office folk into the picture getting them to rectifiy the problem. This has only given temporary respite for us. The problem still persists, in fact worsening day by day. Now it's come to a point where the leakage, besides affecting the bathroom ceiling, is causing dampness in the adjoining bedroom and also the area external to my flat - tehre's constant trickle of water there. It's causing inconvenience to me and my neighbouring flat because of the dripping of water in the passage area outside my flat. What i would like to know is what legal recourse can i take here? 1. The people above are saying (at the instigation of the builders officer who has a personal connect with them) that we should pay 50% of the rectification charges. 2. To add to it, they're also saying that in the future if this problem occurs "it's our headache" 3. Neither them nor the welfacre society is willing to respond to the numerous letters we've been giving them as well as the builder, asking to intervene and resolve the issue. I would like to understand hence what is my legal standing if i want to send the family above a legal notice. Paying 50% is fine as long as terms and limits are clearly understood. How can we get this issue resolved legally and in a rightful manner.


 2 Replies

Advocate Vishnu (Advocate)     24 August 2013

1. If there is no amicable solution, you can send a detailed legal notice to the builder and the flat owner to rectify the problem.

2. Upon receipt of this legal notice, if they do not respond then you will have to approach the court and file a suit for specific performance.

3. Upon the merits of your case, the court will then direct the builder to rectify the leakage problem.

4. If you are ready to accept their offer by bearing 50% of the expenses, then if would be advisable to enter into a written agreement with an arbitration clause, so that if they fail to keep up their promise, you can then seek the directions of the court to enforce the contract.

S Jadhav 98336 98330 (Jadhav & Associates)     25 August 2013

It appears that you have taken the flat recently and the builder is till into the picture. As per law, when a builder sells a flat, he is responsible for any defects and should repair them at his own costs. You may approach the appropriate consumer forum where your dispute is likely to be resolved quickly and with minimum costs and you do not have to appoint a lawyer.

S Jadhav

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