Leakage problem nri (settled in canada) indian origin
Gaurang R Shah
(Querist) 30 October 2017
This query is : Resolved
SIR,
FOR LAST 6 YEARS, I AM STAYING ON 1ST FLOOR IN AHMEDABAD & ON 2ND FLOOR (JUST ABOVE MY FLAT) NRI IS OWNER (WHO IS INDIAN ORIGIN & STAYING & SETTLED IN CANADA). THERE IS A TERRACE ON HIS FLAT. IN SHORT IT IS A LOW RISE FLAT (GROUND FLOOR, 1ST FLOOR & 2ND FLOOR).
WHEN WE PURCHASED THIS 1ST FLOOR FLAT IT WAS VERY MUCH FINE & ABSOLUTELY NO LEAKAGE PROBLEM. BUT TWO YEARS BEFORE, NRI (2ND FLOOR OWNER) RENOVATED HIS FLAT & CHANGED TILES IN WHOLE FLAT & LEAKAGE PROBLEM STARTED.
WHEN EVER HE USES BATHROOM OR GALLERY & DISCHARGE WATER WATER IS LEAKED FROM THEIR FLAT TO OUR FLAT (ON 1ST FLOOR).
WE REQUESTED HIM COUPLE OF OCCASION BUT HE IS NOT REPAIRING & SOLVING SUCH PROBLEM. NOW HE IS OPENLY SAYS THAT HE WILL NOT TAKE ANY ACTION TO STOP THIS LEAKAGE & YOU ( I ) CAN TAKE ANY STEP WHAT EVER I WISH.
IN HIS WORDS "YOU DO WHAT EVER YOU LIKE". I WILL NOT DO ANYTHING
I WISH TO MY RIGHTS WITHIN UNDER INDIAN LAW . WHAT ACTION I CAN INITIATE TO STOP THIS LEAKAGE TO STOP MORE DAMAGE.
PL. ADVISE.
WARM REGARDS
GAURANG SHAH
Vijay Raj Mahajan
(Expert) 01 November 2017
You can file civil suit for damages caused by the leakage problem from his flat to your flat and seek complete financial compensation and cost for litigation in the process. You can even seek mandatory injunction order from the court against the owner of the flat to get the proper repair done to resolve the leakage problem.
