• Builder floor seepage from upper floor

I stay in Sector 55 Gurgaon on the ground floor of a bungalow built and sold floor wise to different owners. The owner who stays on the floor above mine is having a water leakage problem. The water is dripping faster now from the ceiling which is attached to his bathroom floor. He had made some fixes earlier, but it hasn't stopped the leakage. It is causing high risks to my family, like slipping in bathroom due to wet floor, electric short circuit, etc. There is no cooperative society whom I can approach. Isn't this supposed to be a break/fix problem at his home for which he is harassing me since the water leakage is only in my ceiling? What legal choices do I have? What steps should I take?
Asked 2 years ago in Civil Law

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14 Answers

You can make a friendly request to your neighbor first, if he still not listening to you check  with builder that if still builder can work on it. 


There is no co-op society than you can make complaint with municipal Corporation officer who looks after building structural audit. How builder got CC Or OC certificate and show the problem to them in writing and photo and actual audit. 

Ganesh Kadam
Advocate, Pune
12219 Answers
167 Consultations

4.9 on 5.0

Issue him legal notice to plug the water leakage from his flat 


2) if he refuses complain to Muncipal corporation against said flat owner 


3) file suit seek court orders to direct flat owner to carry out necessary repairs for plugging the water leakage from his flat 

Ajay Sethi
Advocate, Mumbai
85546 Answers
5730 Consultations

5.0 on 5.0

Send a legal notice to the builders to calling him to full fill the terms, failing which lodge a complaint to the Consumer Affairs Department of your State. If there is no positive response then you can file a case in District Consumer Forum for defeciencies of service against the builder.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

See since there is no society formed you can approach the Municipal ward officer and can complaint of the water seepage. On your complainant the officer may instruct and take appropriate action. 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
151 Consultations

5.0 on 5.0

Hello sir ,it is advisable to issue him a legal notice,and get the leakage done within 15 days ..If he fails to comply with the notice we can approach the court for getting directions 

Hemant Chaudhary
Advocate, Gurgaon
4617 Answers
58 Consultations

4.9 on 5.0

You can serve him a legal notice to fix the issues with immediate effect and also warn him that he will be liable for any damages caused to you due to his unethical behavior,

You can also file a case against him to direct him not to create any nuisance which endanger your life and creates hurdle in your peaceful living

Suneel Moudgil
Advocate, Panipat
2354 Answers
6 Consultations

4.7 on 5.0

You need to send legal notice to him and approach civil court immediately

Prashant Nayak
Advocate, Mumbai
25386 Answers
65 Consultations

4.4 on 5.0

There is no rwa in your case as this is stand alone building. Please sort out matter amicably or you may approach to the local police for help due to this inconvenience.

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

you can move to civil court for filing suit of mandatory injunction against that flat owner.

You can also approach the building department of the Municipal corporation of your area for speedier solution to your complaint.

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

- You must serve him legal notice for the correction of such matters earliest.

- Post legal notice if the matter is not resolved, you can file a complaint in the local police station for the same or file a complaint in District Court for harassment and corrective action.

- Also, check the obligations of all owners as per the terms of sale deed or agreement.





Vivek Arya

Vivek Arya
Advocate, Gurgaon
741 Answers
6 Consultations

5.0 on 5.0

It's serious matter. Approach the builder and the floor owner and tell them to fix it asap. If they don't do then take legal recourse and force them to get it repaired. You are not without any solution but you have to get it. 

Good luck

Gopender Mohan Advocate

Advocate, New Delhi
384 Answers

4.9 on 5.0

1. You should send a legal notice for fixing the water leakage problem you are facing and ask him to fix the problem in next one month otherwise you will take legal actions against him.

2. If he doesn't fix the problem in one month file suit for mandatory injunction and also claim compensation for harassment suffered due to non fixing of problem. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

You may lodge the complaint with the secretary of your association for taking necessary action in this regard, if this fails to invoke any response, you may issue legal notice to the owner and the secretary after which you can initiate suitable legal action in appropriate legal forum/court.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

you may issue legal notice to the owner  after which you can initiate suitable legal action in appropriate legal forum/court.
What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached  him?

You call qualified engineers, ask them to diagnose the fault, give an estimate and also whether the co-operation of the upper floor member will be necessary for the repairs.

If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves.

After finishing the work, you demand the amount from the upper floor member.

Most probably they will not pay.

Then you can go to court to claim the amount. If the upper floor co-operation is required, he will not give unless you say that you will not claim the amount from him later.

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

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