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supriya yadav   08 October 2017

Seepage from flat above mine

The flatowner above mine (Mr. X) had changed his entire flooring 10 years back ( at the time of possession ). Soon my flat started facing seepage issues. Mr. X would apply white cement in gaps and that would serve as a stop gap solution. After few months seepage would start again. He would again take some stop gap measures and sort it for time being. Now he has moved out and given flat on rent. The seepage issues have started again. The seepage is causing small cracks in my ceiling and also the paint, plaster etc gets spoiled. Plumber told that it could cause a ceiling collapse if not solved permanently by doing proper water proofing. Proper water proofing would cost around 1-1.5 lakhs. Society bye- laws state that the cost has to be shared by both flats. However, Since Mr. X had done his flooring himself, how am I responsible for bad quality of work? Can i force him to sort out the issue at his cost.



Learning

 4 Replies

Tanu Yogendra Oza (Founder)     08 October 2017

Original agreement of sale from builder to purchaser will have clear terms
1 Like

Sur39 (Financial Controller (last designation))     10 October 2017

There is absolutely no reason for you to share the costs when you are not yet fault.Read the bye laws again. It does not talk about sharing costs on faulty  work done by a member from a  flat above.

You are a victim of imperfect job done by X. "A victim cannot be victimized" by asking to pay for somebody else's fault. X has to bear the full cost.

1 Like

supriya yadav   14 October 2017

Original Builder agreement states that the owner has to bear the cost. Society bye-laws state that costs are to be shared.

manoj   16 October 2017

you have to follow bye-laws of the society

manoj

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