Leakage in below flats due to bad construction of my balcony
Viji
(Querist) 22 February 2015
This query is : Resolved
Hello Sir/Madam,
I have purchased this flat in Hyderabad in 2012 September. We went to US in 2013 February and the flat was given on rent.Starting 2014 July, we got a call from the below flat owner saying that he is having leakage problem in his flat due to the tenants misusing the balcony. Seems like the tenant who was staying in our house, was bathing his grandmother in the balcony and due to the slope in the balcony which was constructed by the builder, the water stayed stagnant which indirectly started getting into the below flat.
I tried my best by emails and phone calls to contact the tenant to leave the house or stop doing this, but the tenant was very rude and never agreed for this. But somehow we made him vacate by October 2014.He has not even paid my rent and left the house by stealing things from my apartment.
I am ready to get my balcony fixed ASAP at my cost. But the below flat owner is asking for a compensation of 1 lakh for the damages in his walls. Please suggest what am I supposed to do? Since I have not done any renovation in my flat, I don't think its my mistake. Also since the leakage is in my flat I am ready to get it rectified too.
Please advice, now the below flat owner s threatening us to move in a legal fashion.
ajay sethi
(Expert) 22 February 2015
let him move court . you can repair leakages in your flat and also offer to pay for carrying out repairs in your neighbor flat
Viji
(Querist) 22 February 2015
I have a doubt here...why should I pay for the repairs in my neighbors(below owner) flat? I have not even renovated the flat. Still am I obliged to pay him?
I was under the impression that since I am getting my balcony repaired only for him, he should be sharing the expenses. But I am not even asking for that..and just fixing the issue with my flat.
Devajyoti Barman
(Expert) 23 February 2015
If the neighbour suffered damage due to your acts, then you are liable to repair it but not for damages which he is asking.
Rajendra K Goyal
(Expert) 23 February 2015
Let him claim any damages through court at which the claim would be decided on merits.
T. Kalaiselvan, Advocate
(Expert) 25 February 2015
Morally you are bound to get the repair work done at your cost to the extent the damage caused by your tenant and plug or seal the leakage, beyond that if the neighbor is demanding the exorbitant charges towards damages, ask him to proceed through court for recovery.
Viji
(Querist) 25 February 2015
Hello Kalsiselvan Sir,
I hope that means I should pay for fixing the leakage at my balcony. I am not required to pay the compensation charges for the below flat owner to fix his walls. Is that right?
Regards,
Viji..
T. Kalaiselvan, Advocate
(Expert) 25 February 2015
You have rightly understood, before that see if you can arrive at an amicable solution with your neighbor and get the issues sorted and solved, if that is not in the sight, you may decide about next course of action.
