Ongoing ceiling leak issue: seeking legal options
Gauu
(Querist) 23 August 2024
This query is : Resolved
Hi,
I’ve been dealing with a ceiling leak for the past two months. In June, I spoke with the owner of the top-floor flat. Although he mentioned he doesn't live there, he eventually allowed the builder to carry out some white cement work. Unfortunately, the leak persisted. The builder then recommended a water pressure test to check for possible pipeline leaks, but the top-floor owner has been uncooperative. He blocked my contact and WhatsApp and has refused to facilitate the necessary work.
Following the builder’s suggestion, I had pu grout applied from my room, but this hasn’t resolved the issue. The top-floor owner continues to make excuses, claiming he is out of Mumbai or too busy to address the problem.
Given that the society is not yet formed and the builder is responsible for repairs within the first five years, the builder is willing to fix the issue but requires access to the top-floor flat. The leak has worsened over time, and the grout work in my room has caused additional damage to my ceiling, impacting my living conditions and mental health.
What are my options here? Is there any legal action I can take against the top-floor owner for the damage and inconvenience I’m experiencing?
T. Kalaiselvan, Advocate
(Expert) 23 August 2024
You may have to issue a legal notice to the builder as well as the top floor owner about this damages caused to you and making your living uninhabitable, if there is no response from builder or the top floor owner, you can drag both of them to the court of law for damages in the civil suit or consumer forum against the builder for deficiency in service
