Expenses sharing in case of leakage
nareshgudla
(Querist) 22 February 2015
This query is : Resolved
I stay on fifth floor of a apartment. Due to the slope in my balcony, forth floor house is having a leakage problem. I am ready to fix the issue as soon as possible bearing the full expense in my flat.
But the forth floor owner is asking me 100% amount to fix the damages in his wall too caused due to damage. Am I liable to pay the amount? I don't feel that right as I am repairing my balcony just for him without asking a penny from him.
I have not done any renovation in my flat and is exactly in the same form as taken from the builder.
Hemant Agarwal
(Expert) 23 February 2015
1. Subject to various legal parameters, the Fourth Floor Flat owner, may file a private criminal complaint, at the local Magistrates court, for the nuisance and loss created by the leakage from the Fifth Floor Flat owner.
2. In Mumbai (Maharashtra), under the Society bye-laws, the Fourth Floor Flat owner and the Fifth Floor Flat owner, has to bear equal costs for the leakage caused from above floor flat.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
Dr J C Vashista
(Expert) 23 February 2015
I agree with the expert advise of Mr. Hemant Agarwal since local laws and practices do apply and prevail. However, if the leakage has occurred due to the circumstances beyond control of the owner of 5th floor the repair charges shall be borne equally between the owners of 5th and 4th floor.
Rajendra K Goyal
(Expert) 23 February 2015
Try to have amicable solution by offering him to share repairing expenses equally. If not let law decide on merit.
ajay sethi
(Expert) 23 February 2015
repeated query
nareshgudla
(Querist) 25 February 2015
Hi Sir,
Do you mean by repair charges in 5th Floor to be borne by both or the repair charges in the flat below(4th Floor) to be borne by both?
Thanks
Hemant Agarwal
(Expert) 26 February 2015
Kind Attention : nareshgudla
1. From the recent above question, there seems to be some basic understanding issues. eg. Leakages emanating from 5th Floor, WOULD obviously percolate down to the 4th Floor. Hence "any & all" leakage-repairs costs to be borne equally by 5th floor flat and 4th floor flat. However IF the matter goes to a Criminal Court and/or the Consumer Court, THEN the entire cost of leakage-repairs as well as ALL related damages, would have to be borne by the 5th floor flat, irrespective of anything.
2. IS there any anti-gravity technique to stop the leakage BY the 4th floor flat, for the leakage emanating from the above 5th floor flat ????
ANYWAYS, keep on and on, with the fruitless questions (as immediate above) and maybe someday you would find some legal answer, apprehensively given to you by the 4th floor flat-owner.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
T. Kalaiselvan, Advocate 
(Expert) 26 February 2015
Well advised by expert Mr. Hemant Agarwal, hope the author understands the gravity atleast now.
Dr J C Vashista
(Expert) 26 February 2015
@Naresh,
Why the same query is repeated ? If you are dissatisfied with the FREE advise of the experts, engage and consult a local lawyer and proceed as advised.
nareshgudla
(Querist) 26 February 2015
Hi Sir,
Thanks for the overwhelming response.
I was not clear so the same question was asked twice. Now that I am clear and satisfied with the advice.
