Sharing of expenses for leakage repair above my flat.
ADV-JEEVAN PATIL, MUMBAI
(Querist) 25 April 2014
This query is : Resolved
Dear experts,
Bathrooms and WC leakage is coming from top flat. The flat owner is arrogant and not repairing and some time not even allowing us to visit his flat ascertainment. One plumber gave estimate of Rs.20000/-. to be shared by both. He was telling this amount is being charged more. Blumber told to replace junk pipes in wall breaking some tiles and replacing them.
He called another plumber & now saying he wants to replace both bathrooms tiles & flooring fully including main repair jobs. He says for all this another plumber quoted Rs.60,000/-. He is now demanding 30000/- before. I told him I will share for repair work as per earlier plumber quoted Rs.20000/-. If you want to make new bathrooms you have to bear remaining. He dumped the telephone and not co-operating nor repairing his bathrooms nor allowing to enter into room. My queries are as follows:
1] Whether I am bound legally or as per bye-laws of society to pay for repair in bathrooms & WC to be repaired in his flat for leakage coming from his flat to my flat?
2) He is adamant and beyond understanding if does not repair despite sharing reasonable amount of 50%, what is next remedy, legally or otherwise immediately?
3) I showed the damage caused due to drifting of leakage water to ceiling, even in rcc pillar. The damage cannot be quantified but clothes and other material is damaged. Can I recover from him ?
4) Suppose huge expenses incurred, can they be demanded from Society for internal leakages since building's structure is going to be week due to such leakage, though internally? Society has also undertaken external repair work recently.
5} If complained to Society, society normally take stand that it is internal matter, both flat owners should settle it.
Your sincere and significant advise is solicited. Thanks.
J.A.Patil
ajay sethi
(Expert) 25 April 2014
read bye laws . if complint of leakages is made then flat owner is bound to repair it . if he fails to do so secretary can enter his flat for inspection and have repairs carried out at the said owner expense .
if society is not taking action move consumer forum against society/flat owner for deficiency in service
ajay sethi
(Expert) 25 April 2014
you can seek compensation for mental torture you have undergone
R.K Nanda
(Expert) 25 April 2014
file consumer complaint in CF and claim compensation from said flat owner who is causing nuisance of leakage.
