I purchased ground floor Apartment from the builder at chennai during 2010 and my residence is at Nungabkkam. It has 8 apartments and till date no association has been formed.
During 2012, there was leakage at my apartment and after investigation by the Engineers, it was found that builder didn't apply water proofing for the toilets at the above apartment (first floor) that is and due to this there were leakage at my apartment.
After negotiation, builder accepted to water proof one of the toilet and told henceforth the owners has to take care.
After 2 years, there were leakage from other toilet that wasn't waterproofed at first floor. Water and drainage started entering my house. Due to this, i spoke to the owner of the first floor but he agreed to pay 30% ie Rs 10,000 only for repair charge to replace his toilet with waterproofing.
My question is why should i pay for the leakage at first floor toilet since it is owned by other apartment owner. Also, i will have to water proof my two other toilet.
Is there any legal guideline that water leakage in the above apartment has to be borne by that apartmetn owner only.
Please help me on this.