Issue from neighbouring apartment
Sumit Lakhotia
(Querist) 27 December 2019
This query is : Resolved
Hi- I have following issue from apartment above me. Pl guide what should be my approach.
thx
Issue: 2 bathrooms of Apartment 306 is leaking water into the walls of Apartment 206 for more than a month. This problem was solved temporarily last year by grouting of cost 3000/- bear by Sriven Towers Association ( as part of bigger activity of doing same for all the apartment).
Currently family with 2 small kids are staying as tenants and they are also started getting electric shock in Tap, Kitchen potentially due to this leakage.
#306 owner agree to allow plumber to change tiles for both bathrooms but cost of 40000/- approx to be borne by #206 owner for reasons unknown.
Query: What is the Legal Stand of # 206?
1. Who -will send notice ?- Tenant of 206, Owner of 206 or Sriven towers Association?
2. Whom- Notice be sent to- Tenant of 306, Owner of 306 or Both?
3. Where- would be notice posted to- Tenant 306 apartment in Sriven Or Owners Current address- In the event of owner address unknown, can it be send to tenant hand
4. Fail-safe mode- In the event, legal process goes lengthy, expensive or logistica overhead- Will owner #206 still be allowed to fix #306 tiles on his own cost so that tenant #206 problems get resolved.
Follow up Question:
1. Is association responsible to mediate between 2 owners when they are NOT in mutual agreement? Can there be a notice to association as well?
Sb Karma
(Expert) 27 December 2019
1)Owner
2)Owner of 306
3)Owner current address by registered post
4)before done by self just give information to the association first
followup...
yes
T. Kalaiselvan, Advocate
(Expert) 28 December 2019
The aggrieved party has to initite legal action by sending legal notice to the party who is responsible for this debacle, be it 206 or 306 or the repair agency.
If there is no response form the parties, then the aggrieved party can approach the association to intervene and provide an amicable solution to end the present crisis as per the bylaws of the association.
Even if the association maintains silence then you may approach court of law for relief and remedy with appropriate case agaisnt the party responsible for this debacle.
If you feel that all these will take enormous time then you get it repaired at your cost and send a recovery notice to the party concerned with the details and bills in support of your claim
Dr J C Vashista
(Expert) 29 December 2019
Bring the issue to the notice of association followed by legal action under the provisions of appropriate law applicable in your case i.e. State Cooperative Societies Act; State Apartment Owner's Act; Societies Registration Act, 1961 or any other act
The owner of upper (higher) floor shall have to bear cost of repairs.
It is advisable to consult a local prudent lawyer for better appreciation of facts/ documents for professional guidance and proceeding.
