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Paul (Personal Secretary)     11 August 2011

Non cooperation from co-flat owner

I am residing in a DDA Built LIG flats in East Delhi area. I am facing a serious problem from my flat owner above my flat. They are not doing necessary repairing work at their bathroom as there is some blockade in the drainage pipes so that the walls and ceiling of my bath room got wet and causing serious concern of collapsing of the building due to this. I have personally requested them to take some necessary repairing work at their bath room so that this problem can get an end, but despite my all requests, they did not come forward to do the same. I have made a complaint with DDA regarding this and sent the photographs showing the gravity of the case, but they send me a reply by saying that this area is a de-notified one and MCD is having the jurisdiction to take any action against this flat owner. I then approached MCD people for their action against this flat owner, but they are saying they can take action in to circumstances only, otherwise the DDA have the authority to take action on this flat owner.  Firstly If any unauthorized construction is there in the flat and Secondly, whether the building is in in a state of collapse. The present status of the flat is that if no repairing work is done immediately, the building can collapse at any time.  As this flat is owned by a group of four companies and all these four companies are registered in this DDA Flat address.  On closed scrutiny of the website of Ministry of Corporate Affairs (MCA), it was found that  they have made some manipulations in the addresses so that all the four address in the MCA  data base are different.

In this circumstance, I ask your help in getting a solution to my case, please give me your valuable knowledge on this as what I have to do for getting my problem solved.  Also tell me is there is any violation of rule in registering the companies in a DDA flat, as DDA is not allowing to operate any commercial activity in its residential flats.  



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 10 Replies

Kanaksinh P.Boda (Educationist/Lawyer)     11 August 2011

Drag them to the consumer  court. making  concerned authorities and owners as partiesn and claim compensation for the damage occured  due to negligence in service and for harassment and mental agony. Give them a sturn warning notice through a good lawyer. Keep all the records of complains and correspondence done by you handy for use in the court. Best of luck.

1 Like

preeti (ARCHITECT)     12 August 2011

If some person owns a flat on ownership basis and wants to make internal changes in the same, but the society is not willing to give him NOC for the same, how would he approach the local authority for rapproval of the internal changes without Society NOC?

1 Like

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     14 August 2011

File a police complaint ,case in consumer court for damages and at the same time do repairs.

1 Like

Paul (Personal Secretary)     16 August 2011

At the earlier stage I made a complaint with the local police station for taking some action on this, but they have not taken any stern action in this case. As this flat is owned by a Builder/Developer company, and I think they have close contact with these people and my complaint was put in dustbin. Then I complaint with DDA for taking some legal action including cancellation of the flat for not honoring the request of co-flat owner, but DDA given a reply by saying that the area where my flat is situated is a de-notified area and MCD is  having the jurisdictional  power to take some legal action on it.  Then I approached MCD, they saying that this flat is a DDA built flat and only DDA can take any action against that offending flat owner. Both DDA & MCD is not ready to take any action on this matter. Please guide me to whom I approach to get my case solved.

Kanaksinh P.Boda (Educationist/Lawyer)     16 August 2011

Go ahead with filing a consumer complaint in a local consumer forum as suggest earlier by all of us.

Paul (Personal Secretary)     17 August 2011

Is it better to go for a Civil/Criminal court instead of going a consumer court as against whom I file a case in the consumer court DDA or the offending flat owner. Please enlighten me on the matter.

Kanaksinh P.Boda (Educationist/Lawyer)     17 August 2011

The consumer forum has a time frame to deliver justice unlike any other court, where it may take more time comparatively. Morever, the procedure is also simple and there are limited  adjournment and the opposite parties are finded at every step they try to remain absent or avoid responding. It will be therefore appropriate to file a soncsumer complaint.

Paul (Personal Secretary)     18 August 2011

Thank you Mr. Kanaksingh P. Boda for sharing your valuable knowledge to me.  I want to know that whether my case can be filed in consumer court as on what basis I can go in that court as there is no case of any product or service has been bought from the flat owner in question. Or can I file a case against DDA for not giving any service from their end as I have purchase their flat and include the Co-flat owner as a party for not honouring my request for necessary repairing work at his end.    Please give me some clarification on this so that I can go ahead with filing of a case with consumer court for getting a fair trial to my problem being faced from the offending co-flat owner for the last more than two years.

 

 

 

Kanaksinh P.Boda (Educationist/Lawyer)     18 August 2011

Make DDA, MCD and Coowner all as party in the same order holding them responsible jointly and severally. One of these three, a real culprit will be weeded out by the forum and will be at recieving end for sure. Do not bother if there is no transaction between you and coowner at this stage. The very fact of mention of the name in the notice  itself will make them think seriously in this direction.

Paul (Personal Secretary)     30 September 2011

Further to my above case, I have taken up the matter with Police Commissioner, Delhi and the Commissioner's Office has acknowledge the same and forwarded to Joint Commissioner of Police, New Delhi Region for further action on my earlier complaint regarding my above case. The same was passed on to Dy. Commissioner of Police, East District and it was further  forwarded to Assistant Commissioner of Police of our area, and finally to the concerned Police Station. I personally met the Investigating Officer (I.O) and apprised him of my earlier compliant and the entire matter. Also I had given him the details of the companies registered in that DDA Residential flat, on hearing this the I.O told me that he cannot run a business from there. On the same time he called the person to whom I have contacted for the repair of the bathroom, but he was not ready to give him a proper reply. The I.O told me he will personally visit to my house to see the case and take the action accordingly. After five days I contacted I.O again for knowing about his visit to see the problem, but he told me that he is busy with the investigation of some murder case and not able to come and see the case.  Again I contacted him regarding his visit, and then also he told he could not complete the case probe. During these days the owner in the above flat has done some minor work in his bath room, as a result the wetness in the walls and ceiling diminished. On 27th September, he called me and told he is coming to see the case, but I was not in the house at that time and on the way to home. He saw the problem and observed that now there is no wetness there and no action could not be taken against the above flat owner, and not talking about the legality of running company in this flat.

I want to know from you that under which sections of Cr. PC a case can be registered against this flat owner. Taking in mind following things involved in this case.

1. The flat owner is not doing any repairing work in his bath room and not doing is a threat to life and property to me.

2. He has registered four companies in this DDA Residential Flat.

3. The addresses are shown different as against the actual address.

Please give me your valuable opinion/suggestion on this so that I can ask the I.O to register a case against this flat owner as per the applicable sections of Cr.PC.

 

 


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