Upper floor flat owner not repairing his toilet seepage
It mostly happens that your upper floor toilet is having some problem in its construction and thereby the water leaks or gives seepage to the ceiling of flat under it.
upper floor flat owner not repairing his toilet seepage: Since the ground of toilet and ceiling of toilet of the flat under it is common space and has been built by DDA or a builder or a co-operative society through a builder, the dispute occurs and no one is willing to take up the responsibility to repair it.
Most of the times these problems are over due to repairs by experts in cementing the ceilings. But sometimes it do happens that the owner is not willing to get his toilet repaired and the underneath flat owner has to bear with the seepage. With the passage of time the seepage spreads to other walls also.
It has been found by the expert civil engineers that if the seepage remains in the wall for 1 month, it reduces the life of the wall by 1 year. Therefore, the seepage should be taken seriously and got repaired at the earliest opportunity.
We can recommend you various alternatives and contractors who can rectify the seepage at good amount of expense, if your local contractors have failed.
On the other hand, we would like to apprise that upper floor owner is responsible for repairing his toilet etc. so that the seepage do not come from his house to the lower house. In some of the RWA the residents have decided to bear 50-50 cost for convenience. But legally speaking, only the upper floor owner is responsible to rectify their flat.
In case one of the sufferer do not want to get it repaired, the other can go to a court and take a decree against the other to get the flat repaired and also recover the cost from the other flat owner.
In case a flat is in the co-operative society, you do not have to go to a court, the solution lies in giving a letter to the Managing Committee and the committee will take appropriate action within 15 days from the date of receipt of letter.
If the co-operative society do not respond within 15 days, you have upper channels for getting rid of the seepage problem.
If the construction is not old by more than 1 year, the builder is responsible under DLP (Defect Liability Period) of the construction, which is normally 1 year as per PWD and CPWD manuals.
The owner sufferer has the right to approach a consumer forum/consumer court also for getting relief and for compelling the other to get the toilet or leakage repaired with cost and penalty / compensation.
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