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Demand for repair compensation

March 02, 2018 02:54 pm | Updated 02:54 pm IST

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

I am residing on the second floor in a building (stilt +4 floor) which houses two flats. My apartment was handed over to me in August 2012. We formed a welfare association but it hasn’t been registered yet. For the last three years, I am facing issues due to water seepage from the ceiling. The first time it was due to stagnant water in the bathroom of the house above mine and the second time, due to the slow draining of rain water from the same house. The owner of the flat is abroad. Every time I contacted the builder, he provides temporary relief.

The owner of the said flat has relaid his bathroom floor and is now demanding I pay a share for the work due to defective construction by the builder. How do I resolve this?

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D. Ramakrishnan

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Chennai

If the defect is in the flat above you, its owner is responsible to rectify the same. You can issue a notice to the owner with a copy marked to the tenant seeking immediate measures in this regard and also indicate that you will be claiming compensation for your mental and physical agony owing to their careless attitude. If the repairs are not carried out despite the notice, you can approach a civil court for appropriate directions.

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