Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

jayprakash nayak   27 June 2018

Water leakage from upper flat to lower flat

for the leakage repair costs to borne by whom and by which laws.



Learning

 4 Replies

Raghav Arora   27 June 2018

Hi! Thanks for the question!

Your neighbour is responsible for the same. If the leakage was caused with him having the knowledge of the same he can be prosecuted for mischief.

1.Your neighbour can be prosecuted and punished for committing the mischief of damaging your property. If the police does not initiate his prosecution then you can file the criminal case directly in the court. Before that you are adviced to file a complaint in the Municipality first and inform the police too. 

2.If the Municipality does not help, you can also file a lawsuit for damages against your neighbour to recover the cost to be incurred on the repairs and also compensation. The fate of the case shall depend on how well your lawyer convinces the court.
 
Good Luck! 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 June 2018

you need to establish the cause of the leak. This is important as it will help determine who should be responsible for putting things right. In most cases the critical piece of information is identifying where the leak started.

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 September 2018

Read the following attachments.


Attached File : 84227 20180916150237 635718786 mithul judgment.pdf, 84227 20180916150439 635718786 mithul complaint.pdf downloaded: 217 times

Adv Ibrahim Deshmukh - Navi Mu (Advocate)     29 May 2019

If interested, please get in touch. We will be ready to assist you to protect your legitimate rights and to legally force a misbehaving upper floor tenant/owner/society membeer to respect rights of his neighbours.

Adv Ibrahim Deshmukh
202 Hamza Residency
Bandar Road, Near Panvel City Court
Panvel 410206 New Mumbai
Email: ibdesh@gmail.com
Mob: 7045536236
 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register