Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Prashant   19 August 2020

Underneath flat damaged is not covered in by bylaw

Hello Sir, I owned a flat in below location in well established society nearly about 10+ years back with a 350 + flats.

Location: India >> Maharashtra >> Pune >> Karve Nagar.

I heard and also read about 50%-50% cost has to be bear between two owners of consecutive floors if the leakage is occurred.

Also heard below

Leakage occurred between 1st Floor and Parking: Cost need to bear if 50%-50% between 1st floor owner and Society.

Leakage occurred between 1st Floor and 2nd Floor: Cost need to bear if 50%-50% between 1st floor owner and 2nd floor owner.

Leakage occurred between Last Floor and Terrace: Cost need to bear if 50%-50% between Last floor owner and Society.

All above cost include common area. but missing the major damage cause to lower floor due to leakage from upper floor. Lower floor always faced with unhygienic, major damage, Wall water proofing, Crack repair, Repainting, lots of inconvenience also unknown to how upper floor is used. Is there any clause mentioned in ByLaw which is also protecting the owner of lower floor damage?
And if there is no such provision in ByLaw then its really a loop hole in the law.

Very well appreciated to hear on this.



Learning

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