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Pradman (Engineer)     29 July 2011

Damage to roof by neighbour

My neighbour renovated his apartment which is directly above mine 7 years ago. During that time, he remove the entire flooring including the bathroom and toilet and replaced it with new tiles. Ever since that the locations in our roof directly under their bathroom and toilet have cracked and started started falling apart with paint and chunks falling down on us especially in my kitchen where my mother cooks. Currently the flat above us is unoccupied but we fear that when new occupants come there, we will once again have to suffer. Is there any way in which I can stop new tenant from occupying the apartment stating the damage it causes to our roof until the particular flat's owner has helped rectify the issue? I am pretty sure that the damage we see in our roof is due to his flooring changes because this issue is not seen in other ground floor flats in our apartment. I have approached him multiple times but he has responded to us saying there is nothing he can do about it. This has been giving me sleepless nights for quite some time. Please provide your thoughts on this.
 



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 1 Replies

Mahadeva Rao G (ADVOCATE)     29 July 2011

HI  Pradman,

There is no doubt  that  he has  to  pay  for  the  damages caused  to your flat.   But  before  that  there should  be  certain  terms  and conditions  stipulated  in  the  documentation   provided  by  the  builder  either  seperately  or  in  the  Sale  Deed   making  provisions  for  such damages.

If  u  send  me  a copy  then after studying  the complete terms and  conditions  we  can  give u  our  opinion on the same.


u can  revert  back  to me on sohan1912@rediffmail.com  or on 9845285555 in Bangalore.

Warm Regards,

Mahadeva Rao G.        ADVOCATE        9845285555          BANGALORE.


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