Flat repair liability
Shefali
(Querist) 06 July 2014
This query is : Resolved
In my building in one flat bathroom there had been seepage/leakage from its upper floor flat due to improper water proofing or gap of floor tiles of upper floor flat since the time of possession.
After possession the builder had done some plastering in upper floor flat and issue had stopped but now again cropped up.
The apartment is now under associations management and builder has left.
The leakage has again started and the upper flat owner says to lower flat that since the leakage is from the time of construction it is not his responsibility to repair and either the builder or association must repair it.
So the question is who is responsible for the repair?
Since once the builder had repaired it and has left now can builder be again asked to do the repair or the association or upper flat owner has to repair it?
Sudhir Kumar, Advocate
(Expert) 06 July 2014
He is wrong. Since he is now the custodian or the property it is his responsibility primarily to remove the nuisance emanating from his property. He can at the most seek compensation from Association for repair if otherwise admissible as per bye laws.
Move accordingly.
Devajyoti Barman
(Expert) 06 July 2014
Owner of the property where leakage has occurred is responsible for repair.
ajay sethi
(Expert) 06 July 2014
when was building constructed ? if within period of 3 years then builder is responsible for repairs .
Thyagarajan
(Expert) 06 July 2014
Check the memorandum of handing over of the flats by builder to the Association.
Usually the builder goes off the scene after handing over.
In our complex the parties sharing the roof and flooring share the expenses for repair.
Association only maintains common areas for all the flats
Rajendra K Goyal
(Expert) 06 July 2014
Agree, builder is responsible if the building construction is less than 3 years.
P. Venu
(Expert) 06 July 2014
The immediate responsibility is that of the present occupier. You can require him to carry out the repairs. You are a innocent third party to the issue and need not be burdened with fixing the ultimate responsibility.
R.K Nanda
(Expert) 06 July 2014
consult local lawyer.
Shefali
(Querist) 06 July 2014
Thanks all for the reply and useful suggestions.
The flat possession was handed over on April 2013.
The builder had taken 6 months maintenance and looked after for six months.
By the end of 6 months by October 2013 a group of flat owners formed association and took charge of the association from builder and builder left.
Mr. Thyagarajan if suppose the upper flat owner has modified his bathroom with expensive tiles/interiors and other extra things which now for repair needs to be broken, then it will not be fair for the lower floor owner to share the expenses of those extra things the upper floor owner has done in his/her flat.
ajay sethi
(Expert) 06 July 2014
since only a year has passed builder would be responsible for carrying out defects in construction
Thyagarajan
(Expert) 06 July 2014
Details of any modification done by a flat owner should be with the knowledge of the Association. Status before and after modification will have a bearing of any claim by the lower flat owner to upper flat owner to set things at his own expense. The association should intervene to solve the issue.
Check provision in by laws of the association on any modification done by a flat owner
Bring up the issue in the monthly or general body meeting of the association
Sudhir Kumar, Advocate
(Expert) 06 July 2014
whether flat is modified or not it is immaterial
whether modification are with knowledge of society or not it is immaterial
whether society has or has not any mandate to repair it is immaterial
whether society has or has not any funds to repair it is immaterial
whether the issue is discussed or not discussed in general body of society it is immaterial.
ALL I SEE IS THAT THERE IS HOUSE OF "MR X" FROM WHERE NUISANCE STARTS AND ENTERS THE PROPERTY OF "MR Y"
SO "Y" HAS CIVIL/CRIMINAL CAUSE OF ACTION AGAINST "Z".
Shefali
(Querist) 06 July 2014
Thanks a lot to all the lawyers for the clarifications.
I too understand that though the slab is common between the two floors but the leaking slab is being used by the upper floor owner and issues coming up in the slab due to usage must be fixed by either builder/the flat owner/ if liable then association.
Lower flat owner has not caused any disturbance to the slab neither it is using it and so it is not fair to expect him to share the expense.
Thyagarajan
(Expert) 07 July 2014
you are most welcome with your queries;to answer is our pleasure
T. Kalaiselvan, Advocate
(Expert) 07 July 2014
I think your query has been very properly addressed by the experts above, leaving nothing more to add. If the normal steps and talks through association fails to yield desired result, legal action will be the next alternative.
