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Gautam Joshi (ABC)     08 April 2015

Leakage from above floor

Dear Group

 

I am the owner of the flat in Ahmedabad and the there is leakage from above floor flat (mostly because of broken pipe)  that is creating a spot on my bathroom passage which is increasing gradually. Above floor flat is occupied by a tenant and he is generally out from morning till night for work purpose. The owner of the flat lives in Assam and his relative is taking care about the flat. I have informed the relative  (person taking care about the flat) regarding the leakage. He is not refusing but is delaying the repair matter saying that flat is always closed as tenant comes late at night, how can he manage repairs and bla bla..

 

 

Under this circumstances, I want a legal opinion taking into account following matters

1) Our flats are not co-operative society. Sale is made directly by the stamp paper and there is no share certificate. But we have a association. In this case has society any role to play??

2) Above flat is generally closed. So how can i send a legal notice with registered post?? What is the option if the flat is closed and there is no one to receive the notice??

3) Which civil law section can be applied, if a legal path is sought? Or consumer law is applicable in this matter??

4) Most important, approximately what time frame can it take to end the case??

 

An early reply is highly thanked with.

 

Thanking you



Learning

 2 Replies


(Guest)
In your case as your society not registered so you may file a private complaint before the magistrate u/s 268 of IPC (Public nuisance) if the structure of the building is in danger because of his/her negligence. If not then u/s 269 of IPC for his/her negligent act like to spreading disease. Remember in above both the cases your reasons should be strong either pertaining to the health of the building or our own health. Before filing the case send a notice to the owner as well as tenant by R.P.A.D giving them 15 days period to repair the floor. This will take 1or so to get the final verdict of punishment but in mean while the owner will take positive steps to repair the floor. Regards

Gautam Joshi (ABC)     16 April 2015

Thank You Milan Sir very much for your support and advice....


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