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Krishna (Marketing Manager)     29 March 2013

Legal opinion on seepage in housing board flat

Dear Experts,

My parents have been living in ground floor of housing board apartments in Chennai for the last 30 years. For the last 25 years, there has been seepage from the first floor and the owner is adamant on not repairing the issue. We have spent internally money to solve the issue within our flat but it doesnt happen - the solution is temproray. The owner of the flat above (first floor) even didnt allow the president of the society to come in and was asked to get out of the house. Such is the nuisance of the owner.

Note: We have letters dated from 1989 which have been sent to the president of the society requesting him to repair the seepage. We even have the responses from the owner of the flat above us.

Following are my queries

1) Can we file a legal suit against them - if yes under which section?

2) Realisitcally speaking, how many years do you foresee such a case to come to conclusion? 

3) How strong or weak can a case be in such a scenario? He can just say that he did some repair 1 /2 years back and get away? ( He hasnt done any repair and the seepage still persists.)

Currently the flat owner from which we are getting seepage - is the presidnet of the society

3) There are about 138 flats in the society and around 10-20 flats would definitely be having seepage - can we all go together and file a complaint against the issue?

Since the president himself is not repairing such an issue, the other flat owners from which seepage starts are not ready to repair their issue - setting a bad state.

My parents have suffered a lot and I am now willing to fight for my parents basic rights to live in a proper place.

Please help and suggest your views.

Thanks & Regards

Krishna



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