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Anu_Bangalore (none)     01 June 2020

Flat damaged due to regular activities ran above flat

Hi All, 

There is a party hall above my flat and, In Dec'2019/Jan'2020 there was continuous Dance practice running(secretyary/president approve that dance practice) above our flat. In those two months we found that multiple cracks developed in all walls of my flat. I had informed association about that but they didnt stop Dance. 

I filed complaint in local police station, but police didnt help and asked us to get stay from court. Later we got to know that secretary had paid Rs 500 to police for that complaints and then Rs 200 to get our complaint copy from police. secrteraty has given in email that he and 4 GB members were there when they paid money to police first time. 

I would like to know better approach to get my flat damage compensation. 

I would also like to know if I can complain in anti corruption beauro and that will be useful ? 

Thanks in advanced !!

 

 

 



Learning

 8 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     01 June 2020

Hello,

Police may not help you so you have to take legal action against them. Send legal notice and later approach civil court and file suit against them. You can make society as party. Further you can complaint to anti curruption department against the police and try to lay trap to caught police red handed. 

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 June 2020

You can give complaint in writing to the registrar of cooperative apartments societies in your city

1 Like

Anu_Bangalore (none)     01 June 2020

Thanks Mr. Sirish and Mr. Ram, 

Will consumer court help to get our flat damage compensation ? 

Is this better to reach to anti corruption department against secretaray who had claimed "money paid to police", as we dont know if he had really paid money to police? 

 

 

 

AFZAL VOHRA (Civil & Revenue Lawyer)     05 June 2020

Dear,

You are not a consumer of the person who running dance class in the hall. Neither you've purchased any product or services from the dance class organiser. So, consume court is not the right option. First of all, you need to check the Development Permission's terms and condition of your flat building. If only residential activity is allowed in this building, no one can hold commercial activity within residential premises. You've below options to get relief from this situation. 

1. Approach the local municipal corporation office OR Collector office and make a complaint against the dance class organizer stating that the person is violating building occupation rules (if it is meant for residential only)

2. Hire a good lawyer and draft a good complaint against the dance class organizer stating that you and your family are being disturbed due to this commercial activity.

3. Your neighbour can be prosecuted and punished for committing the mischief of damaging your property. If the police do not initiate his prosecution then you can file the criminal case directly in the court.

4. You can also file a lawsuit for damages against your dance class organizer to recover the cost to be incurred on the repairs and also compensation. You can also seek a stay order to restrain him from causing further damage to your property.

5. If you damage his property as a measure of revenge he can also prosecute you, which can culminate in you being sentenced to imprisonment.

1 Like

Anu_Bangalore (none)     08 June 2020

Thanks all for your reply. 

I had contacted municiple cooperation in Feb'2020 and that party hall is closed now as it was illegally constructed. 

This is unregistered association and secretary is holding tresurer post himself. He piblished expense report in Feb end and May end where he mentioned amount paid to police. I dont want to complaint against police but would like to complaint against secretary for corruption.  Is this possible to complaint to police about secreratary as he is defaming police ?

I think now to send legal notice to association to get my flat damage. Can I send legal notice to association without filing civil case and How much it may cost(roughly) ? 

Thanks in advanced !!

 

 

1 Like

Raghav Arora   18 January 2021

Hey. The answer to this query is given in this article -

Md Rakibul Islam   31 January 2021

You can give a complaint in writing to the registrar of cooperative apartments societies in your city

Read more at: https://www.firmwarexbd.com/

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     10 February 2021

Is the Association that looks after your building a registered one? If so under which act of Karnataka is it registered? Has the Association got byelaws? What do the byelaws say about activities such as dancing? Is your building a residential building. If not what are the permitted and not permitted activities that are going on in the building. In a building of sound RCC construction cracks cannot develop  in the wall. If the dancing is a nuisance for you that is a different problem and it has to be differently dealt with. If dancing is a permitted activity, the police cannot do anything unless, say, you have problem do to noise etc.


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