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Water Leakage from 4th floor who is responsible?


22-Dec-2023 (In Property Law)
Hi I'm from Bangalore , I'm the Flat owner residing on 3rd floor , There is a constant leakage in my balcony from the flat situated at the 4th floor , I personally brought the notice to 4th Floor owner ( who is also a builder of this apartment ) , he commented saying the leak is from terrace & asked to check with person who is in charge of Maintenance , I spoke to Maintenance guy he has done some water proofing in terrace & asked to wait for 2-Weeks , now 2 weeks is over still the water leakage is happening , also now leakage started inside my master bedroom , so I'm worrying now as my family is compel to residing in unhygienic condition ,I brought this notice to Maintenance guy , he told verbally that issue is b/w owners & ask to check with 4th floor owner , I again informed to 4th floor owner , but till now no action taken . Can I legally issue a lawyer notice , Also this problem started after recently 4th floor owner done his bathroom renovation ,request to suggest a way forward .
Answers (5)

Answer #1
917 votes
Dear sir,
You are not mentioned when you are purchased flat. if you are recently purchased from builder you can file consumer case against builder for deficiency in service, or otherwise if is occurred due to the renovation of 4th floor flat owner you can issue a legal notice to him and if he has not respond your legal notice you can file a civil suit for Permanent Injection against the owner of flat who is caused.

Answer #2
818 votes
Ist you give a complaint apartment association and your maintenance department by writing, after also not solved , then you may seeks for lawyer notice , after that only not taken proper action , then you file a appropriate suit, while consulting council.
Answer #3
730 votes
It's simple .. Do one thing....
4th floor owner is layable.. So just take photos and fail consumer court..
And atech the notice also and. More possible u Redy that and take that bills arched and get compsoation
Answer #4
819 votes
SIR, I noted your problem. You can issue a lawyer notice. If there is a association among your flat owners, it can be brought to the notice of association and even after that if the fourth floor owner will not not get to be repaired the leakage,then you can take notice and then proceed for legal action in case of not responded.
Answer #5
711 votes
In apartment living the management has the right to enter a particular dwelling unit for the purpose of maintenance and repairs whether related to entire building or the flat below it. It is therefore advisable to approach the the management.

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