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NRV   17 January 2024

Terrace damaged, no flat owner coming forward to repair it

Sir/Madam, I have flat in Hyderabad in 4th floor, which is last floor in my apartment, terrace is also my roof too. In monsoon season water sinking and leaking into my flat from terrace. My apartment has no registered welfare association but has an unofficial executive body, it collect maintenance charges only.I am informing to executive body since two years about water leaking into my flat, no one listen, no one coming forward to repair it. I am planning to file a civil suite for immediate injunction no one use terrace selfishly while asking my loss and for damage expenses making all owners defendants. Please advise me in this, can i get immediate injunction or prohibitory order? making all flat owners defendants correct? can i claim damage expenses? can i get court direction over all owners repair terrace?   



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     17 January 2024

Whether you will get the desired relief from court or not will depend on the arguments and documentary evidences you rely upon.

You cannot prevent anyone using the common area, i.e., the terrace.

However since it is a common area, it becomes responsibility of everyone to contribute for the repair and maintenance of the common areas including the terrace.

1 Like

Dr. J C Vashista (Advocate )     18 January 2024

The executive body is stated to be formed in an "Unregistered Association", which do not have any legal sanctity / authority. Besides this, an unregistered association / body can not sue or be sued. You may stop making any payment to such body.

Did you approach the executive in "Writing" ? If not, write them for conducting necessary repair of roof and wait for some time.

 

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 January 2024

Stop the paynents to the unauthorised person

NRV   18 January 2024

Sir, My prevent is only not for selfish purpose, can use community programs 


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