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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

 5 Replies

J K KARUNAKARAN (Barrister/Arbitrator Civil & Criminal Case Consultant)     09 April 2015

Hi Gautam Joshi,

                              Approach a civil lawyer and send an legal notice to the respective owner as copy 1 and copy 2 for his undertaker i.e his relative briefing your problem to the lawyer, lawyer will send notice in RPAD under cpc 896 & 7 as well Health and Safety sections.

Regards

Karunakaran JK

Gautam Joshi (ABC)     16 April 2015

Thank you Karunakarn Sir very much for your support...

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 April 2015

What kind of Association do you have? Is it registered? If it is registered under which Act of Gujarat is it registered? Has your Association got byelaws? What do the byelaws say about such matters? If you have a proper Association, the Association should take action. You complain to the Association. Have you or the Association got the address of the owner in Assam? Let the Association send notice directly to the owner in Assam, threatening that if remedial action is not taken, the Association shall take action such as entering the flat breaking open the door under court order and take remedial action at his cost and consequences. Then file a case in court and let the court issue notice directly to the owner in Assam. It will have immediate effect. But please answer my questions.

Murli Iyer   18 November 2020

What about cost who will bear the cost of repair. Association will only act as a facilitator

shrikant v. sathe (retired)     27 July 2021

The person ,whose bathroom is leaking will bear the cost.


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