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Intello   14 July 2017

Leakage from above flat

I am facing leakage in two of my bathrooms from upper flat from the last two years. As happens in most cases,the upper flat owner is refusing to repair (perhaps too stingy to spend) and the CHS Management is callous and uncooperative. I have written multiple complaints to Soc Secretary but he has chosen to ignore them.Nonetheless,sent two legal notices also to both Society Office-bearers & upper flat owner,but no result. It is clear now that they have no intention of addressing the leakage issue,perhaps counting on the long-drawn court proceedings plaguing our system where the appellant himself becomes the victim of delayed justice. The net outcome is that my family is suffering enormous nuisance and mental agony. I request the learned legal experts on this platform to suggest legal remedy to get the fastest resolution as I have already been suffering from 2 yrs. Can I petition the SDM of my area under Sec 133 of CrPC as the leakage is weakening the building structure,causing risk of diseases and hence,is a public nuisance to me. In how much time can I practically expect the SDM pass an order directing the upper flat owner to repair the leakage? Thanking all learned experts in advance


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 8 Replies

Siddharth Srivastava (Advocate)     14 July 2017

You may file suit for mandatory injunction and can also seek stay order of using of leaking bathrooms against owner/occupant of upper flat.  

1 Like

Intello   14 July 2017

Thanks for your response

Can the mandatory injunction and stay order be obtained from SDM? Is it a very time consuming process?

Siddharth Srivastava (Advocate)     14 July 2017

No. It is to be filed in civil court. 

Ms.Usha Kapoor (CEO)     15 July 2017

yOU FILE A CIVIL SUIT FOR PRIVATE NUISANCE AND INJUNCTION AGAINST THE MANAGEMENT  AND OBTAIN STAY OF USING BATH ROOMS  BY THE UPPER FLAT OF OWNER..yOU MAY GET THE REQUIRED RELIEF.

1 Like

Kishor Mehta (CEO)     15 July 2017

Sir, You should approach the building department of the Municipal corporation of your area for speedier solution to your complaint. Good luck, Kishor Mehta
1 Like

(Guest)

First question , What is the expenses for repairing ? What exactly you need to repair tell me then will reply you 
 

Intello   15 July 2017

Hi,


The leakage is from two bathrooms of above flat into two of my bathrooms due to which there is damage to the plaster,paint of the ceiling of my bathrooms. As per a rough estimate, the cost of repairs in my bathrooms would be in the range of Rs 20,000 to Rs 25,000.
I have no idea what would be the cost of repairing source of leakage in the above flat.

 


(Guest)

Instead of law here myself will be talking subject of Building Services which is taught in Arch & Interior Designing :D

See source and proper reason is required to be determined , and cause too required to be determined ,just talking vague is not proper. 

Second thing balance of practical expenditure is too required to be thought if you go to court the expenditure and balance of repairing has to be compared. If you want to go to Court , if you get some fresher who is ready to do the work at very less price it will be good , experienced advocate is not proper for such cases. 

Generally try to search fresher who is junior to person who handles co-operative society matters.  He will be happy to get case and resonable fee. 
 


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