cpc

seepage from an upper flat


Dear Sir,
I am residing in an upper flat in a society. To prevent seepage to lower flat owner , I renovated my small bath room with no sharing of expenditure from the lower flat owner. He now wants that I should renovate my big bath room too to prevent seepage, but does want to share. He has threatened that he would go to a court if I do not renovate my big bath room . What should I do now ? Please intimate how the repair expenditure is to be shared between the two .
Regards,
Devinder Kumar,
e-mail : devinderkumar11@gmail.com
 
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senior

under what cause he will go to court for legal action against you?

He cannot demand renovation if there is no leakage from your flat.

there is no cause of action to go to court of law.

 
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Retired employee.

First, consider mutual relations in a small society between permanent neighbors.  Involve some other flat owners and let them explain the law that in anticipation of some other future seepage, the other party is not having a right to claim for advance repairs with his fears or assumptions.   Meanwhile, contact other societies or your neighbours and learn about the practice.   Finally, if he succeeds in a court, then act as per Court decision.  The cause of action arises only when there is leakage or seepage or likely such dangers in future viewed as per past experiences.  When there is no cause of action, there is no lis.

 
Reply   
 

Dear Sir,,

        There is leakage from my big bath room  to lower flat presently. The lower flat owner wants that I should renovate my big bath room to prevent seepage otherwise he will sue me in  a court. In April, 2018, I renovated my small bath room to prevent seepage to lower flat, but he has not shared anything for this. How to recover such due amount from him? Now he is thretening that he will go to a court for not  renovating big bath room . Please guide how shoud I proceed further ?

Thanks & regards,

Devinder Kumar.

 

   

 
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senior

your qry was already answered. Why the same qry again?

 
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CEO

There is no question of renovating your bathroom, however it is your duty to repair the seepage.
 
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To prevent seepage, I will have to renovate my bath room. Please guide.
 
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senior

in that case consult Mastry and Plumber

 
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