sir, we live in 1st floor in chennai and we have a problem where there is a leak in ceiling. it is due to the upper flat bathroom but the owner is not letting in to inspect his unit. we are even ready to spend 50% of damages for his unit also . wih no support from builder (as this being a 12 yrs old flat /warranty over),assocation and upper flat owner, how do go with it. this has been going n for 3 months. some suggest to go for a mandatory injunction through court..what does it mean? how long will it take and is it legal the best/permanent option for this?. can i complaint to RERA against builder on this?
you've been rightly advised to go for a suit for permanent and mandatory injunction. An injunction is an equitable remedy in the form of a Court order that compels a party to do or refrain from specific acts. A party that fails to comply the injunction order criminal or civil penalties including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court.
However you should serve a legal notice to them first and give them 15 days time to do the needful, if they fail to adhere, you can proceed to file the suit for grant of injunction with interim relief against them.
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