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ram (own)     01 April 2014

Water leakage dispute between ground floor and first floor



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.





 3 Replies

ram (own)     02 April 2014


Pl, Can anyone reply to the query. Thanks in advance.




Nishant (BDE)     02 April 2014

Need Free On-call Legal Advice. Just give a missed call on 08010201301(toll free) or visit

srinivas (xxxxx)     05 July 2016

you will ahev to take up the matter with builder as it falsl in defct liability period .take with you few other members as well as it can happen to them also

eventhough no society or assn has formed still ther will be some handling water electricity isuses etc .pl take them into conidenec and sortout the issue with ist flor peron..

if not ask first  floor person to pay 50% and you put 50 % and get the work done.


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