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Seepage in my apartment from the second floor apartment

(Querist) 29 January 2016 This query is : Resolved 
I have purchased a first floor apartment in a 9 storyed building having 5 apartment in each floor during November 2011. Since April 2012, I am having seepage in the balcony from the second floor. The second floor owner is not willing to get it arrested. Though they have not done any civil work in their apartment, there could be some fault in the water line.

The plumbing work done by the Builder M/s. Natwest Construcion Company, Chennai in the entire Building is very poor. Despite my requesting the Builder to do the needful to check the water line and arrest the seepage, they are not doing anything.

I am the Vice President of the Association and the Builders Director is an Executive Committee Member of the Flat Owners Association.

This Building KP NATWEST VICEROY, Pallikaranai is Commercial Complex and resident complex. What legal action could be taken against them and get my problem solved. S. Ganesan
RAJU O.F., (Expert) 18 April 2016
You may cause to call a meeting of the apartment owners association, and take decision to rectify the defect in plumbing at the expense of the association. Or you may get the work executed yourself and deduct the costs from the monthly maintenance expenses being paid to the association.
GANESAN SUBRAMANIAN (Querist) 19 April 2016
The matter has been discussed at length with the Apartment Owners Association where I am the Vice President. The Association is not willing to take up the matter either with the Second Floor flat owner nor to the builder. Tamil Nadu has not enacted Apartments Owners Act.

Can the matter be taken to the Consumer Court to sue the builder and the 2nd floor flat owner or to the civil court.


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