You should send a legal notice to the person occupying the floor above you and the owner of the property.
If they do not respond then file a case against them for damages and compensation.
Upper Flat owner not repairing leakage & seepage due to which Downfloor flat is having leakage
I stay at 11 floor in 14 storey building flat in Ahmedabad. In past 1 year I am facing leakage and seepage issues in Master bedroom rooftop & bathroom rooftop. Informed the Owner of 12 floor and secretary of society. Owner of 12 floor not ready to repair the leakage not society secretary is taking any strict action. 12 floor owner is invester and enjoy rent income. Once I tried to get repair from own cost but all went waste spending money around 25k. How can i get rid of my problem and get permanent solution. My contact no is [deleted].
Asked 3 years ago in Property Law
Religion: Hindu
7 Answers
You may have to issue a legal notice to the upper floor owner about this problem with a copy endorsed to secretary of the RWA. You can mention that he will be responsible for the costs incurred for rectifying damages or repair charges if you do it yourself.
After that you can proceed with the repair and recover the repair charges through court of law by filing a money recovery suit.
Giving a complaint to the local civic body may not fetch you the desired relief.
Issue legal notice to owner of 12 th floor flat owner and society to repair the leakages
2) if they fail to do so file complaint against society and flat owner before Muncipal corporation
3) you can also file complaint before consumer forum and seek orders to direct society and flat owner to repair the leakages
4) claim litigation costs and compensation for mental torture undergone by you
1. Serve a lawyer's notice to him to demand that he should plug the leakage.
2. If he does not do so then a suit for mandatory injunction can be filed against him in the competent court.
Dear sir,
1. You can issue a legal notice against the person staying on the upper floor and seek damages and cost of repair from him.
2. After that if he doesn't comply with the Legal Notice then you can repair the leakage and later file for a money recovery suit.
Thank You
You have to write to Sewage and leakage department of the AMC and CC the copy of same to the Society Secretary and the owner residing at 14th floor. Do mention your grievance of non-cooperation in this application.
- A Society is a body that represents interest of people living in a community or a society and the association is responsible for managing day-to-day problems of the residents, organizing events, managing facilities in the apartments and complexes and safeguarding the rights of the unit holders.
- Hence, you can file a compliant before the management of the society for the said repairing , and instruct the upper flat owner for repairing the leakage .
- Further , if no response, then file a compliant against the society and send a legal notice to the upper owner .
