Seepage/dampness in my flat walls

Jameel Shaik (Querist) 23 March 2020 This query is : Resolved
Hi,
I stay in a multi storied apartment complex in Kelambakam(Chennai)
It has 8 floors.
There is a water seepage/dampness in my wall, plumber checked and requested to assess upper flat.
He noticed that there is water stagnation in bathroom of upper flat due to uneven tiles - water is not going to drain pipe smoothly.. I called Owner of that flat and he is supportive, he told me to help me b getting estimate and he will bear the expenses..The problem is tenant is non co operative, he is not allowing plumber/mason to come and do assessment/ give estimate..He knows an intermediary person , who claims to be owners friend..Owner's friend is telling that tiles shall not be fixed..he known local police, politicians and put all false cases on me..i updated owner diectly, he told that i can get estimate, he will talk to tenant to coordinate and ask friend to not interfere....intermediate person is calling me on daily basis and threatening me daily since then..I had now submitted a request to association to look in to this issue..this intermediate person is telling that he brought the tenenat and he will support tenant only..please advise..

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Quick Summary

A flat owner is experiencing water seepage and dampness on their wall, originating from an upstairs flat with uneven bathroom tiles. While the upstairs owner is willing to pay for repairs, the tenant is uncooperative, and an intermediary claiming to be the owner's friend is actively obstructing the process with threats. Advice suggests lodging a formal complaint with the building association and, if necessary, pursuing legal action against the owner, tenant, and the interfering friend.

Rajendra K Goyal (Expert) 23 March 2020
You should lodge written complaint with the society.

In case Society does not take adequate action, adopt delay tactics, send legal notice to society and others demanding immediate action and claiming damages.

Raj Kumar Makkad (Expert) 23 March 2020
You are worse sufferer and if more delay goes on, you shall have to bear a heavy loss. Immediately get the assessment of the losses caused to you and the reason of such loss from a competent Civil Engineer and should file a civil suit for injunction, compensation and also a criminal case not only against the owner of the said flat but also the tenant occupying the said flat.

Engage a local lawyer immediately without caring for the fact who is the friend of whom and who has the relations with the police and politicians.

Raj Kumar Makkad (Expert) 23 March 2020
You should care only about your property without feeling any pressure of the friend of the tenant.After all you are the sufferer.

Dr J C Vashista (Expert) 24 March 2020
Whether it is an "association" of "Society" where flat is located ?
Why does the tenant not cooperating in getting the problem addressed ?
Did you get the damage assessed by an approved valuer for claiming from the owner?
It is advisable to consult and engage a local prudent lawyer for better appreciation of facts/ circumstances/ documents, professional guidance and necessary proceeding.

Rajendra K Goyal (Expert) 24 March 2020
Try to get interim orders from court to carry out immediate repairs on priority basis pending decision on other matters. Take Police help if obstructed to carry out Court Orders if received.

T. Kalaiselvan, Advocate (Expert) 24 March 2020
The owner's friend has no role to play in this.
The tenant cannot object to the assessment team to asses the situation to arrive at an estimation.
The tenant is not the owner hence he cannot object.
The owner can instruct the tenant strictly as well his friend to not interfere in this
The association can warn the tenant about his objection stating that he has no rights to do so especially when it comes to the safety of the neighbor living around him.
You can give a complaint against the tenant about his unreasonable and rude behavior and also a complaint against the non related person who is interfering in this without any reason or rhyme.
The association can warn the outsider to not enter into the association for this purpose by issuing a notice to him.
You can give a complaint to the local civic body about this and seek relief if all other efforts fail to fetch you the fruitful result.

Raj Kumar Makkad (Expert) 24 March 2020
The basic requirement is the ;Courage; of the author to move ahead. After lock-down period, immediately act upon the advice offered to you here.

P. Venu (Expert) 25 March 2020
You are suffering an injury and there is a remedy which needs to be enforced by the owner of the upper flat. He is under strict obligation to get the repairs carried out. You need not be over-concerned of the relation between the owner and his tenant or the character of the tenant; it is an aspect to be taken care by the owner himself,

Rajendra K Goyal (Expert) 25 March 2020
The author is sufferer, he has to take initiation. He can get the relief only and only if he knock each and every door from where his problem can be solved. First step should be mutual agreement.

Hemant Agarwal (Expert) 26 March 2020
1. FIRSTLY, serve separate Legal Notice's to upper Flat Owner, Tenant & his nefarious friend, Association /Society & the local Municipal authorities, to take corrective & remedial measures relating to the leakage, which is also corroding & endangering the building and causing risk of life & property of the residents.

2. Subsequent to above You can file a Police FIR, requesting investigation and charge-sheet, for offences like Nuisance, endangering property, Intimidation, Breach of Trust, Mischief etc.... against the ALL the aforementioned person/s, supported with all relevant supporting Documents, Evidences & Witnesses.

3 IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

4. ALSO alongwith above, file Civil Court proceedings seeking relevant directions to aforementioned person/s and seek damages & compensation, for the losses, and for mental & physical trauma.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Rajendra K Goyal (Expert) 26 March 2020
Experty Hemant Agarwal has briefly and exclusively explained the steps to be taken, the author may proceed accordingly.

Raj Kumar Makkad (Expert) 26 March 2020
I slightly differ with the advice of Mr. Aggarwal. There is no cause of action with the complainant/author to isue any legal notice against the so-called nefarious friend of the nuisance creator tenant. Making indirect help to any of the friend of the tenant doesn't give any legal right to the author to initiate any action at this stage.

Rajendra K Goyal (Expert) 28 March 2020
Author has cause of action against the owner and society, he should proceed against them.

Hemant Agarwal (Expert) 28 March 2020
INTROSPECT ON THIS (and my previous advise to the querist):
1. Legally speaking the "Friend" is an deemed "representative /interferer" of the other Flat Owner, who is involved in consistent & persistent threatening /intimidating the Queriest.

2. By virtue of the above, such Friend should also be implicated in the complaint Application, for his statement in the matter, which will bring out the clear picture for a complete judgment.

3. Note: everything cannot be done as per the rule book. The law in itself provides loop-holes for such purposes and this should be prudently capitalized to get justice for the aggrieved person.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Rajendra K Goyal (Expert) 28 March 2020
The action may open another way for counter action by them in turn as any offense / charge against them may not be proved.

T. Kalaiselvan, Advocate (Expert) 28 March 2020
As opined earlier, the friend has no role to play in this.
He cannot interfere in this matter especially when the owner has already instructed the tenant to cooperate, the friend of owner cannot take any rights in this.
The friend of the owner cannot dictate any terms to you.
Hence if at all the friend is crossing his limits of giving friendly advise to the tenant, he can be served with a legal notice instructing him to refrain from interfering in other's business when he has no connection to the subject matter in any manner.
In fact the author can even give a complaint to the police for the friend's nefarious intention to obstruct and cause unnecessary disturbance and nuisance by such interference and for the threats he poses to the author by such acts.
Therefore there is nothing wrong in taking legal action against the friend.
The author may decide to take up the matter as he finds right as per the circumstance, in case of any confusion, he may take the assistance of a local advocate to deal with the subject matter properly as per the prevailing circumstances.

Rajendra K Goyal (Expert) 29 March 2020
since the person is concerned with the seepage problem, it is better he should target the person directly responsible for it.

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