Severe damage to walls because of overhead family's fault
neha chamaria
(Querist) 21 February 2013
This query is : Resolved
I reside on the 5th floor in a multi-storied building. The family who stays right above on 6th floor recently renovated their flat. Due to some faulty repair, the entire wall of one of my rooms has been damaged due to water leak within the wall. Their toilet is right above my room.
It started with peeling and yellow stains some months back. Now, it has become so severe that there are droplets of water on the wall throughout the entire day. This has been the condition for months.
Family members from 6th floor inspected my wall and promised to get their leak fixed. But they kept lying for 3 months, and in the end refused to help me.
I have been staying in this flat for more than 20 years, and never had a problem with the wall. But since 6 months or so, the wall is wet and peeling continuously. I fear it might even fall.
Is there a legal recourse I can take, since the family has refused to fix the problem? It is the main room where I sleep, and is causing immense tension and trouble for me. In fact, the ceiling of my adjacent bathroom that shares its wall with my room is also peeling off, and parts leak at times.
It is getting worse day by day. Please help. I can also send you pictures of the wall to give you an idea. Please advice what I can do.
R.K Nanda
(Expert) 21 February 2013
send a legal notice to them asking for repairs of ur room walls asap.
Kiran Kumar
(Expert) 21 February 2013
In case they respond in effective manner to the Notice to be sent by you then sue them in the Court of Law by filing appropriate Civil Suit.
neha chamaria
(Querist) 21 February 2013
Sir,
Could you kindly guide me how to send a legal notice to the family? I have never done it before, but would like to do it as soon as I can.
I reside in Kolkata.
Thanks!
ajay sethi
(Expert) 21 February 2013
you have not mentioned whether cooperative society is formed for building or not . if ssociety has been formed please go through the provisions of bye laws adopted by society . complain to secretary regarding said leakages . offer to pay 50%of costs of repairs . the owner of the flat above you is bound to rectify the leakages .
Kiran Kumar
(Expert) 21 February 2013
precisely advised by Mr. Sethi
