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T Rambabu   09 July 2016

There is a severe water seepage from above apartment

I am living alwal area of Secunderabad in 3rd floor apartment of 25 apartments building consisting 5 floor. For the last three years, there is seepage from my above aprtment. I tried with builder and our association office bearers to solve my problem as the owner of my above apartment is not willing to listen to my probelm. I just want to know my rights as well as a legal remedy to this problem. thank you



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 4 Replies


(Guest)

He is legally bound to do this

 

1. Society prsdient can give written notice and then forceable enter to hget repair done and recover charges. It is in all aparyhmetns acts of states.

2. You cna complain to development authoriuty or municipal corporation commissioner of area. 

3. Youc an complain to a megitarte who will summon him   and direct. It is a crm inal offesne.

 

If it routine defect in top floor artment fiiitngs he has to ebar expnses. if it is   structuralm issue and 3 years gone then both of you have to share 50-50.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     10 July 2016

It all depends on the age of your building, the type of Association/Society you have and its bye-laws and last but not the least,  the laws in Telengana. In the absence of above information I can also say that you can file a civil case against the upper floor resident/owner and the Association and try your luck.


(Guest)

All state follow similar acts for  group housing and partments.

Builder is liable to remove defects for 3 years from date of possession

The flat ownr above his flat bis legally bound to remove defect. 

It is also a crminal case

Al municipal acts have provisionsto deal with such nuisacne to  any member of town.

 

magistrate has powers to take congisacne and direct  to remove defect  otherwise the person may be  ent to jial and still he has to repair.

 

Socety normally does repair when it is srious safety issue of  buildings or intereference in common areas.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 July 2016

Can you guide me with regard to Acts and Sections pertaining to the upper floor member being sent to jail? More particularly I would like to know court decisions


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