Dear Sir,
I would like your legal opinion on the leakage in my 7th floor flat, i.e. water leakage in my two bedroom, the root cause is the bad construction work done by the builder poor quality of contruction work done in bathrooms. The bathroom water is leaking in my both bedrooms. This problem is going on for the day i took possession of my flat. Intitally builder promised to repair it, but he never carried out any repair work. Now the society is formed, and the builder is asking us to raise it with the society.
I have being discussing this issues with the 8th floor flat owner, he is very polite to talk to, but always finds excuses if i talk about getting it repair asap. Finally in the month of May 2013, the owner agreed since he was going on a long vacation, and I somehow got a contract to repair it. I paid for all the repair expenses, but the problem was not resolved.
Once again I consulted 4-5 contractors specialized in waterproofing job, and they did advise me on how to fix it. But the owner of the above flat is not responding to my multiple mails, nor is willing to give time to meet with the contactors, quoting reasons like he is busy, travelling, work commitments, etc. Till the owner doesnt agree to meet the contactors and agrees for repair work, we cannot do anything. I have all the mail communication where i have postpone contracts visit and got an appointment only to know at the last moment that he is going out for his work.
I have raised this issue with the society twice (via email), but the society is ignoring it since they do not want to get involve in it and are saying that it is internal leakage hence both the owners should sit and resolve it.
Please advise me-
1. Can i send a legal notice to the 8th floor flat owner for not agreeing to carry out repair work
2. Is the builder still liable for the bad construction work done (since it is below 5 years old construction)
3. is the society responsible to address and resolve such issues?
I am looking for a good lawer, who can help me file a legal case against the builder, 8th floor flat owner and society for not talking any aciton.
Thanks in advance.
Regards,
Deepak Ramteke