Kiran Prasad 10 June 2025

Regarding water leakage from upper floor flat- my rights

Hello,

I have a flat in Mumbai. Recently there is a water leakage in my flat from the above flat. Our contractor inspected the damages and told us that unless the uperflat owner fixes the problem from his end, any repairs cannot be carried out. However, when we approched the owner he refused to do anything to fix the problem. We have a tenant who is complaining that the place is becoming unlivable. We have raised the issue with the soceity, but I want to know what legal rights I have incase the soceity does nothing.

Thank you in advance

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 10 June 2025

Actually the upper floor owner is responsible for carrying out the repair to his toilet etc., so that the seepage do not come from his house to the lower house.

In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience.

But legally speaking the upper floor owner has to bear the complete costs towards this.

In case the upper floor owner is not ready to bear the cost, then the sufferer can get it repaired at his cost and go to court to recover the same along with the litigation cost.

Alternately the association is liable to take the responsibility to recover by taking appropriate action against the upper floor owner if the sufferer owner gives a letter to this effect.

The owner sufferer can approach consumer court also for getting a direction to the upper floor owner to get his toilet or the place from where the leakage or seepage starts to get it repaired.

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Kiran Prasad 10 June 2025

Thank you so much sir for a detailed explanation. Appreciate your quick response 🙏