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Ravi   28 September 2018

Leakage issues

Hello Sir,

This is regarding an issue which my Mother in law is facing in her society for which I need your expert advise.

My mother in law who is 73 years old is living alone in her 1 BK flat which she bought 4-5 years back. After she moved in she started getting complaints from the owner of flat below her and also from the society that there is leakage in the toilet of the below flat and she must do something about it immediately, so my MIL asked the society members to suggest some good plumbers and got it examined also as per his directions got it repaired, this happened 3 times, she got her toilet & bathroom repaired 3 times in the last 4 years and that too without any contribution from the below flat owner, she spent close to Rs.45,000 all alone.

Last repair was carried out (3rd time) in May 2017, and now after more than 1 year again these people have come up and started complaining about the leakage for which my mother in law has straight away objected and told them that this time she will not do any repair work or spend a single rupee.

Can you please guide me whether my

-       My mother in law  is right in refusing to repair this time as she has tried her best and repaired it 3 times in 4 years spending more than Rs. 45,000.

-       Do the society and the below flat owner have any high ground to take any action against my mother in law for refusing this time.

-       My mother in law being a senior citizen living alone and still working for her livelihood, can she take action against these people for harassing her time and again.

-       Please let me know what options are available to her in order to tackle this situation.

Thanks & Regards,


 3 Replies

Martin S.   28 September 2018

Why dont you ask your mother in law to shift to your place? Find ideal buyer for the flat, why should the old lady live alone at this age?  Think about it.

Ravi   28 September 2018

Thanks for your reply...but this is not a solution, this is just running away from a situation and after selling the place the person who buys the flat will go through the same agony, I want a permanent solution as not to run away from it, as till now we have cooperated but they are not acknowledging her sincerity.

Martin S.   28 September 2018

So what is the solution according to you? Going to court? In court you wont get solution to this problem.  Courts have become agents who work for money and give judgement who have enough money to purchase justice.  This is a fact.  Fighting case all is bullsh*t, only lawyers make money and nobody else will get anything.  Only date you will get.

You can go to civil court, that is the proper court for this. You can also go to consumer court, but there you wont get any justice.  Civil court matter will go on for years without any end.

You either keep getting the toilet repaired or sell off the headache to someone else.  Find a new place.  These are the only practical options for this problem.

In name of providing justice court will give some order after which you will think what Maritn said was only correct.

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