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Author :
David John
Posted On 22 June 2012 at 14:30
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Dear Sirs,
I live on the 8th floor of a 9 story building in Chennai
The toilet of the person who lives on the 9th floor is leaking and it was driping. We had approcahed them to fix the problem, but they have not fixed it yet. Initially, he said, he will not spend money and I offered to pick up the full bill, but he kept on delaying in one pretext or the other. Now the privet terrace belonging to the same person started leaking and he is refusing to do anything about it.
I complained to the Society and he will smilingly assure the committe that he will fix it, but will not actually do anything about it.
Is there any legal recourse for this?
Which court should I approcah, is it the consumer forum?
Kindly advice
Regards
David John
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Expert :
Adv. Bharat Chugh
Posted On 22 June 2012 at 15:16
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1. Give him a legal notice.
2. If he fails to comply - File a suit for damages as a result of his nuisance + seek mandatory injunction whereby the court would order him to make the necessary repairs.
3. Consumer court has got nothing to do with this since there is no customer-dealer relation between you two.
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Expert :
sanjeev murthy desai
Posted On 22 June 2012 at 15:22
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Society has a duty to do a maintenance of entire building. However society is failed to do as its service and its clearly shows as a default of service. It is advisable to approach a consumer forum as well as civil jurisdiction as above said supra.
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Expert :
Thangapandian
Posted On 22 June 2012 at 15:50
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is there any society for regulate you? if there is no such society mean approaching civil court for stop their nuisance.
and you not a consumer with the 9th floor person. so its not fit case before consumer forum.
-y.not legal services-
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Author :
David John
Posted On 22 June 2012 at 16:41
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Dear Sirs,
Thanks for your quick replies.
This neighbor is a very rich and influential doctor. If I file a civil case, would it take a long time to resolve?
Regards
David
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Expert :
sankar narayanan
Posted On 22 June 2012 at 16:55
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Only the legal way has been advised. All the legal ways are now being delated.
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Expert :
adv. rajeev ( rajoo )
Posted On 22 June 2012 at 16:58
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issue legal notice to the society to take necessary action against the 9th floor person If they failed then file a suit for mandatory injunction in the civil court against both.
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Expert :
Thangapandian
Posted On 22 June 2012 at 17:44
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whether he is doctor/rich.. whatever may be. but you have to initiate anything legally. common law will be favour to aggrieved and needy peoples only.. some shame less fellows only will behave partially..
so just issue legal notice to the concern person. legal notice mean through an advocate. not by yours only..
-y.not legal services-
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Expert :
Shonee Kapoor
Posted On 22 June 2012 at 22:59
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If you have a problem, you have to take a stand and look for solutions.
Issue legal notice and that is the first step.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
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Author :
David John
Posted On 25 June 2012 at 19:17
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Dear Sirs,
Thank you very much for your kind feedback.
I am taking a stand and issuing a legal notice.
Best regards
David John
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