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Gautam Joshi (ABC)     18 November 2016

Water leaking from above flat

Dear Forum

 

I am resident of Ahmedabad city and own a flat on 3rd floor in which presently I am residing. Problem is that the bathroom of my above flat is leaking and water is seeping into my ceiling which is increasing and causing damage to the colour.

 

I am requesting the owner of the flat above me to get the repairs done but he is not listening. I even offered him to pay all the expenses, but he says I will not allow anyone to touch my bathroom. My flat is not a co-operative society, hence i cannot go to registrar of co-operative societies as suggested by senior advocates in another similar matters in the forum.

 

So, please guide me with following things

1) Under which section of civil/criminal law I can file a case against him?

2) Will the case too long to complete?? (Approximate time from senior members experience wil be a good help )

3) Is there any provision that court can make some immediate interim orders, whereby I will pay all the expenses of repairs. Court will just order the flat owner to allow me to get the leakage fix. (By this was atleast I can stop the damage from increasing).

4) Will I require a certificate from civil engineer to prove that water is leaking from above or cour will accept it?? (I am asking it because civil engineers are asking high fees to give such cetificate)

5) He is having  a loan with Bank of India. Can this information be helpfull to put pressure by complaining to bank?

6) Any other suggestion by respected members to solve the issue..

 

Any kind of information, comments, advice is welcomed and highly appriciated. Thanks to all in advance.



Learning

 9 Replies

Sudhir Kumar, Advocate (Advocate)     18 November 2016

please link the earlie rthread.

Ms.Usha Kapoor (CEO)     18 November 2016

YOu file a private nuisamxce case  long with  an injunction relief agasisnt interference by  upstair speopele to  to take up repair work  and  not to interfere  enjoyment of your r flat by seepage of  upstair s neighbours to seep their bathroom water to your house. If you appreciate this answer please convey my forum thabnks by clcking thanks .You can claim damages also.You can fil a summary sui tunder order 37 of CPC  which wll hasten your case proceedings.

Gautam Joshi (ABC)     18 November 2016

Thank you all for ur valuable inputs...

Gautam Joshi (ABC)     18 November 2016

More focus on the matter is required.. specially point no 3 and 5.. Please help...

Kishor Mehta (CEO)     18 November 2016

Sir, You should submit a written complaint to your society and submit a copy with a covering complaint letter to the building department of the Municipal Corporation. If the Municipal Corporation doesn't take an immediate action, then follow it up with RTI, you are bound to get your complaint attended to. Good luck, Kishor Mehta

Kishor Mehta (CEO)     18 November 2016

Sir, You should submit a written complaint to your society and submit a copy with a covering complaint letter to the building department of the Municipal Corporation. If the Municipal Corporation doesn't take an immediate action, then follow it up with RTI, you are bound to get your complaint attended to. Good luck, Kishor Mehta

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     19 November 2016

File a civil suit seeking direction to the flat owner above to get his bath room repaired.  Attach photos of your damaged condition of the flat.  Do not offer that you would incur the expenses.  Move an application to send court commissioner/ Civil Engineer to inspect the property and assess the value of repair.  Once that comes on the record, orally offer that you would incur expenses for repair or otherwise will claim damages.  The suit will take time, but time is not constraint in your case because the other party is a rigid brat and so the only solution is court direction.

Abdulrub   19 November 2016

Thanks for the reply from the above flat leakage.

Well done.

 

Abdulrub Sheikh

Adv Ibrahim Deshmukh - Navi Mu (Advocate)     04 December 2021

In such a siguation Criminal action can also be taken against the nuisance creator.

Adv Deshmukh
Mob 7045536236


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