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Malancha Ghosh (Mgr)     02 April 2014

Water seepage from the flat above my flat

I'm residing in a G+4 building since 2010 March. I own a flat on the 2nd flor - flat number 201. The owner of flat no 301 (just above my flat) took possesion on April 2010. Since May 2010, we have found there water seepage on my bedroom roof . We reported that to the builder and he tried to rectify but it didn't work completely. After that the bulder again try to retify but the owner of flat 301 didn't allow him to enter into his flat. Till date the owner of my above flat is not doing any rectification. We have repeatedy asked him for co-operation and asked that we will provide plumber/mas to do the necessary rectification but he is arrogantly refusing all the proposals. The condition of my flat is getting worse day by day and seepage is found in dinnin/leaving room. This year we have send a legal notice to him. He replied that he is aware that my flat is getting damaged and he will do the needful.After that 2 month passed but he has not done anything.

In this situation, what exactly I need to do now? Can I claim the compensation for damage of my property and harrasement as well?

 1 Replies

G. Y. Sharma (Advocate)     28 May 2014

Dear Mr. Ghosh,

File a Suit for Mandatory Injunction against the Flat Owner of No. 301 immediately and get your Flat repaired. Since he did not come forward to do any favour within time, you can claim damages from him as well.

Truly Yours,





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