Water damage from flat above: who is liable?
3 years ago
Water damage from flat above: who is liable?
I'm resinding at maharaja complex and im secretary we want to opinion on above matter.
Upper floor owner or jointly?
A.I have gone through your query in detail.
1) But in practical practice it is done by the upper floor only as it is leaking from his house into your house and if the repair estimates is Say Rs. 50,000/- (normal) or Rs.70,000/- (With good Tiles/ Fittings Etc.) then it may be of the very costly material which he will be putting on his floor bathroom and so the below fellow will not be benefiting on the same as the person staying below is only concerned about the leakage in his house ……
2) So if the charges are exorbitant then the upper floor should do the repairing work as per whatever is affordable to him SO THAT THE BASIC PURPOSE OF THE LEAKAGES IS SOLVED... In most of the times if it is sharing by 50 /50 ratio then and the upper floor person might spend more lavishly.. as you are also contributing in it so the best option is let him complete the leakage problem from his end and if it will be leaking from your bathroom to below then you better get it fixed up as per your convenience and the cost to it.. this is been practically practiced everywhere – AS THE MAIN PURPOSE OF LEAKAGE IS TO BE SOLVED..
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ADV. ANISH PALKAR (High Court)
1) But in practical practice it is done by the upper floor only as it is leaking from his house into your house and if the repair estimates is Say Rs. 50,000/- (normal) or Rs.70,000/- (With good Tiles/ Fittings Etc.) then it may be of the very costly material which he will be putting on his floor bathroom and so the below fellow will not be benefiting on the same as the person staying below is only concerned about the leakage in his house ……
2) So if the charges are exorbitant then the upper floor should do the repairing work as per whatever is affordable to him SO THAT THE BASIC PURPOSE OF THE LEAKAGES IS SOLVED... In most of the times if it is sharing by 50 /50 ratio then and the upper floor person might spend more lavishly.. as you are also contributing in it so the best option is let him complete the leakage problem from his end and if it will be leaking from your bathroom to below then you better get it fixed up as per your convenience and the cost to it.. this is been practically practiced everywhere – AS THE MAIN PURPOSE OF LEAKAGE IS TO BE SOLVED..
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
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Rameshwar Dadhe
Responded 3 years ago
A.Both flat owners can solve it amicably
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Srinivasa Prasad
Responded 3 years ago
A.If damage is done to the floor which is above that of your's, first the reason for said damage has to be ascertained.
In case if it is within his / her premises, he / she is liable.
If the same is in common area, then it has to be found out by using CCTV recordings (if you have one) or by enquiry.
On the face of it, the above are only probable Answers to your question.
NOTE:
It cannot be jointly, unless it is proved.
On the face of it, it will be the upper floor portion owner / occupier only.
In case if it is within his / her premises, he / she is liable.
If the same is in common area, then it has to be found out by using CCTV recordings (if you have one) or by enquiry.
On the face of it, the above are only probable Answers to your question.
NOTE:
It cannot be jointly, unless it is proved.
On the face of it, it will be the upper floor portion owner / occupier only.
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A.Association is liable to answer and it must get repaired from common funds.
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A.Write a letter to society and Also to sub Registrar and wait for 21 days
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