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Cost to fix leakage from flat above-who pays?
11-Jan-2023 (In Civil Law)
Hi, There is leakage on the ceiling of my kitchen. 3yrs back it was there on the living room ceiling & issue with flat above. That time builder fixed it under construction warranty. Today owner of above flat refuses to pay for assessment & Rectification of leakage. He wants me to pay full cost for it. My flat below is getting damaged and society is not taking a decision-just playing a mediator. I live out of town so cannot have a face to face conversation.
Whom do I approach to fix leakage and who should pay for it - the above flat owner, me or both of us 50-50?
dear client if the leakage is in ceiling then the person who's kitchen is leaking has to pay the cost. because it's his duty to fix the same. or you can mutually agreed between you in 50:50 ratio. please call me for further advice.
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Adv. Prasad Ramachandra Raut
Pune | 100+ Answers
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It is a matter of getting the money from all the three flat owners
Ideally all three should divide the amount amongst themselves and get the repair cleared as the society has nothing to do with the leakage.
It is either of the three flats which has caused the leakage and hence it is the duty of all the three to divide and pay the amount amongst themselves
Ideally all three should divide the amount amongst themselves and get the repair cleared as the society has nothing to do with the leakage.
It is either of the three flats which has caused the leakage and hence it is the duty of all the three to divide and pay the amount amongst themselves
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Adv. Garima Anil Mehrotra
Mumbai | 500+ Answers
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Hello!
first try to understand why the problem is occuring? whether there is any fault of upper flat owner? or it is fault of builder who has used cheap building material. If upper flat holder is responsible for damage he will have to pay whole amount. If building material used is cheap builder has to pay. accordingly send him legal notice and if necessary file civil suit against person in fault. If you want to send legal notice you can contact me. You need not pay any amount as you are suffering from the same. If it has happened earlier it might be builders fault. I will have to go through your documents relating to flat.
first try to understand why the problem is occuring? whether there is any fault of upper flat owner? or it is fault of builder who has used cheap building material. If upper flat holder is responsible for damage he will have to pay whole amount. If building material used is cheap builder has to pay. accordingly send him legal notice and if necessary file civil suit against person in fault. If you want to send legal notice you can contact me. You need not pay any amount as you are suffering from the same. If it has happened earlier it might be builders fault. I will have to go through your documents relating to flat.
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Adv. Shweta Joshi
Pune | 200+ Answers
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