Querist :
Anonymous
(Querist) 17 October 2011
This query is : Resolved
Recently, our builder built a watchman's toilet on the terrace of our apartment block, right on top of our kitchen. We objected to it, but he instigated the secretary and a couple of others to give their consent and built the toilet. Since it was in common area and built without necessary sanction, we complained to the municipal authorities who promptly pulled down the illegal structure. Ever since the builder and the others have accused us of hiring goondas to demolish the toilet. Can we proceed against this illegality and make the secretary of the association a party to the case as he and the builder have been instrumental in committing the offence. Some damage has occurred to the structure during demolition and also the value of our property has come down. Looking forward to your expert advice.
Sankaranarayanan
(Expert) 17 October 2011
you owner of the flats member are file a police compliant against the builder and narrated threatening matter.
ajay sethi
(Expert) 17 October 2011
how cna builder build tilet wtihout consent of all members of society on common area?
permission of muncipal corporation is a must .
since toilet is demolished dont take any further action .
since you are not a registered cooperative housing society you will have to file civil suit for damages to t he structure . it will take years for suit to be decided .
Devajyoti Barman
(Expert) 17 October 2011
If the Secretary or other members of vested interests are spreading false rumour or stories against you with apparent intent to malign your public image them you could initiate action for committing defamation against the offending members or secretary.
Raj Kumar Makkad
(Expert) 17 October 2011
You can initiate both actions simultaneously viz. civil suit for damages and criminal case for defamation as you were publicly abused and were associated with goondas.
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