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Civil - problem caused by neighbor's

(Querist) 08 May 2018 This query is : Resolved 
Dear Sirs,

I am looking out for a better solutions for the below.

I am located in Austin Town, Bengaluru Ward 111.

We are being mentally harassed by our neighbors for almost 8 years now, by purposely letting their sanitary water toward our home walls damaging almost 10 to 15 feet of our home.
The wall is completely drenched and is smelling like a corporation toilet which is hazardous. We are living in the same house where we cook, eat and sleep. There were so many instances that my 2 children were suffering from cold and fever very often. We never knew this was the reason until recently.

Since January the water started leaking inside our home and now it is always filled with sanitary water in a corner of the room. When tried to inform the neighbor they argued saying that it is not their mistake and if needed we repair it ourselves. Also said “Go complain to whomever you want to, we know people in BBMP and support of some politicians.

We tried to inform Viveknagar police, and ASI – Ramakrishna + 2 constables visited the place and confirmed the leakage and went to the neighbor’s house to inspect, after about 10 minutes he walks out and comes into my home and re verifies and said “The leakage is not from their house, instead it is leaking from your own house. I explained him saying that we don’t have a water or sanitary line inside our house but he never listened and walked away saying “Don’t fight with them else, we will have to take you in”.

I raised a complaint with the BBMP office and the issue was assigned to EE Vijayanand Prasanna who sent 2 of his sub ordinates to check, they confirmed saying it is the mistake of the neighbors. They even suggested to come down to the office and talk to the senior officials. I went to Public Utility Building and met AEE Ganesh, he said it is not their departments work and to consult BWSSB. I went to the BWSSB ward office in Johnson Market and wrote down my complaint in a notebook as the EE Rangaiah was not in office. Next day I called him and spoke to him and sent images through whatsapp, he said he will come down and check himself and later in the evening said he is busy and sent his driver. The driver checked and even he confirmed that the leakage if from neighboring house however they cannot do act upon it and to consult BBMP office.

After a tough time talking to the BBMP AE, somehow convinced him to visit the house by sending images through whatsApp. He checked for the leakage and wanted to talk to the home owner and visited my neighbor. Again he went inside their home, after 10 minutes he comes outside and starts shouting at my family members saying that he inspected and he found that the leakage is not from their house, it is leaking from the ground and he cannot do anything about it and walked out of the house never to return.

We went a gave a written complaint with the Joint Commissioner responsible for our ward, they said the will act in 3 days and it’s been months now. Don’t know when the house will collapse on us.

Finally we had to approach the Lok Yukta office and file a complaint against the BBMP EE and AEE along with BWSSB EE. They said they can take action against the government officials who don’t do their job but cannot help in solving the issue.

Once the water leakage was too much, I thought will approach media and went and met an executive from TV 9, Shantinagar office. After listening to my grievances and watched the video he says he cannot help me as no one will watch sanitary leakage in TV.

Recently went and spoke to the Sub Inspector for Viveknagar Police Station, even he says this is Civil issue and he cannot help us un any ways.

I even complained to the ward councillor’s office, the assistant just spoke to the EE to take care after which he said not to disturb him as it not his job. Later went and complained to the MLA, and he suggested AEE Ganesh to look into the matter but he never showed up.

These people have destroyed our house completely. Everyone who comes to the house, takes money from them (neighbor) and vanishes. I pay property tax, Income Tax and all Utility bills, still I don’t get any justification from the concerned departments as no one is taking any action against them?

Every day we go inside our house which stinks to the core, we are forced to eat and sleep there with 2 kids.


Best,
Sanji-Paul Arvind
Ms.Usha Kapoor (Expert) 09 May 2018
You file a suit for Mandatory injunction commanding your neighbor from the court to refrain from sending sanitary water from le4=leakage in his house due to which it has become a nuisance and children are frequently getting colds and cough etc and in that unhealthy stink only you people are eating and sleeping.Till final disposal of case you seek temporary injunction till the disposal of case.Prior to suit you issue a Le4gal notice to your Neighbor mentioning your cup of woes and within 15 days of notice period if you don't get a response you proceed to file a case,. Engage A good CIVIL LAWYER.
Sanji-Paul Arvind F (Querist) 09 May 2018
Thank you very much Madam.. Do you have any known Lawyers here in Bangalore, so you can refer us.

Regards,
Ms.Usha Kapoor (Expert) 09 May 2018
You can also claim penal damages + interest starting from the date of suit till disposal; of suit.
Dr J C Vashista (Expert) 09 May 2018
Search yourself and handover your brief.
P. Venu (Expert) 09 May 2018
You have the option, in the first instance, to bring the matters before the RDO/SDO; so also, you can try to resolve the matter through Lok Adalat before involving into the rigours of filing and proceeding with a civil action.
Sanji-Paul Arvind F (Querist) 10 May 2018
Thank you for your valuable time responses.. sure will contact the Lok Adalat.

Regards,


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