Need your advice
Querist :
Anonymous
(Querist) 13 October 2019
This query is : Resolved
Dear sir,
I own a flat on third floor in four storey building. I gave it on rent. Flat was purchased in 2009 in virar in Palghar. My licensee verbally complained 3-4 months back that water tank above bathroom automatically get empty and also some fittings are leaking. For that I sent plumber and get it repaired. After that there was no complaint.
I never done any changes in pipeline in bathroom. Everything is as it is, as given by builder.
Now suddenly 3-4 days back I get complaint from my neighbour and below floor flat that they are getting water leakage from my bathroom to their home. Immediately I sent plumber next day and plumber now told me its major work and bathroom tiles will have to be broken to find leakage in pipe line and pipes had to be replaced as they rusted. I did all that expenditure and replaced all pipe line in my bathroom and leakage stopped. But now neighbour and below flat owner, is harassing me that he also need compensation for damage in his rooms. But when I see his room it doesn't seem that damage is so major and only because of water leakage which came to my knowledge in last 4-5 days. They had given first time written complaint to society regarding leakage and damage just 4-5 days back. Out of which leakage part already solved in my room at my cost immediately .
Now I want your guidance, what to do for their wrong demand of compensation for damage to their home? What law says? Please guide me.
Tapal Manjunath Reddy
(Expert) 13 October 2019
Please refer the bye laws of your Housing society.. however in general as per standard bye laws both flat owner's have to share the expenses jointly for fixing the water leakages or damages caused by such leakages....
Dr J C Vashista
(Expert) 14 October 2019
Is it a Cooperative Society flat or some RWA is functioning in the apartments?
What are the Bye-Laws/ Memorendum of Association adopted by the apartment society/association governing the subject matter?
It is advisable to consult a local prudent lawyer for better appreciation of document/facts, guidance and proceeding.
Querist :
Anonymous
(Querist) 14 October 2019
Both the owners has to share the 50% as per standard.. Is this 50% expenditure will be shared for replacing leakaged pipe in my room also or only to be shared 50% in below flat damage, if any?
KISHAN DUTT KALASKAR
(Expert) 15 October 2019
Dear Sir,
It being a purely civil issue, you are advised to approach Civil Court and to get appropriate remedies.
Querist :
Anonymous
(Querist) 15 October 2019
Can cooperative housing NOC for selling flat in such cases? Now there is no leakage as bathroom repaired but below floor flat owner pressurising management comitee for not giving noc to me for selling flat and asking me for his flat repair.
Querist :
Anonymous
(Querist) 15 October 2019
Can cooperative housing NOC for selling flat in such cases? Now there is no leakage as bathroom repaired but below floor flat owner pressurising management comitee for not giving noc to me for selling flat and asking me for his flat repair which is not required as leakage stopped and everything dried.
ashok kumar singh
(Expert) 07 November 2019
approach the court of law having jurisdiction over your property.
consult the Learned Advocate your nearby.
thanks
Querist :
Anonymous
(Querist) 08 November 2019
Sir. Finally yesterday society issue NOC to me. But they took in writing a letter from me, on a paper with subject matter as ABOUT NOC RECEIPT. In this letter they took in writing that I will cooperate to reimburse expenses, if any of the damages happened to buillding due to leakage found in structural Audit. Report expected to come in next 8days. They also took RS.15000 cheque as security deposit. In the pressure of getting NOC I gave them in writing. What shall I do now?isnt it illegal?
Sankaranarayanan
(Expert) 05 December 2019
Better you finding a local lawyer with all related papers and seek advise .. act accordingly
Querist :
Anonymous
(Querist) 17 December 2019
Now structural report came and there is no structural damage. Report is normal. Now society asking me to pay Rs. 10000 expenses for structural audit. But I never asked them to do it. Why shall I pay? They are saying they will not transfer flat on buyer name unless I pay those charges. Is it legal? I told them i never asked to do audit and pay regular maintenance.
Sb Karma
(Expert) 18 December 2019
try to come in mutual understanding between you and society...otherwise endless fight will be cont.between both.
And yes you can take help from local lawyer to do mutual understanding between both.Otherwise it will never stop!
