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Pradeep (na)     16 July 2012

Nuisance by fellow flat owner

Dear Lawyers and friends,

    I live in an apartment (15 flats totally), builder has not formed association due to some reasons and hence we take care of essential maintainence by dividing the service charges among all flats based on sqft.

    All but except one is not co-operating in paying the charges. In the absence of association what can we do in this situation ? Can this be termed as nuisance under law ? If so or if not ...how to deal with this un-wanted nuisance. The person in question has poor relation with most flat owners/occupants.

Kindly Help with your opinions.

Thanks in Advance.

Srinivas

Bangalore



Learning

 3 Replies

Pradeep (na)     16 July 2012

Additional info....the flat owner in question is also land owner and is not willing to join association as he has filed case against the builder for right in portion of building, the case is still on ....

 

Thanks & Regards,

Srinivas

surjit singh (Assistant)     16 July 2012

Nuisance is defined under the law, it is basically interference into the right of other. In your case your right has not been infringed. IT WILL BE PROPER TO FORM AN ASSOCIATION OF THE FLAT OWNER, LEGALLY REGISTER IT BEFORE THE COMPETENT AUTHORITY AND THEN PUT PRESSURE ON THAT PARTICULAR FLAT OWNER. If you register your association your right and his(that flat owner) duty will automatically follow.

Pradeep (na)     16 July 2012

Dear Surjit Singh,

     Since last three months he is paying Rs.500/- less and this is being adjusted by payment of others. This month we were short of paying electricity bill, when asked he said I will not give, all 14 others have paid but except one. Non payment of electricity bill means dis-connection of main power hence wanter can't be pumped from sump in basement. This is nuisance for all including him ?

Please suggest. All have planned to take him to police station....no idea how to dela with this man who is robbing happiness of others.

I said earlier, he is unwilling to join association as he is fighting legal battle with builder. He is using this method on all 14 people to put pressure on builder, but builder doesn't care, he says you deal with him.....:(

Thanks & Regards


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