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Gautam Joshi (ABC)     18 November 2016

Water leakge from above floor

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

 3 Replies

Consigliere   18 November 2016

1) There are a thousand-and-one provisons and claues and sub-clauses and provisios and sub-provisos ... that you may technically institue a case. But none of them will help you...sory, that's law.

2) Depends on what you are aiming at. Crimial Case/Complaimt Case...well...from my limited experience, Judges are in no hurry to dispose suchlike cases.

 

Ganeshgupta gajawada   18 November 2016

u can get stay from court to stop usage of his toilets for which u shall provide phothographs and a liscensed plumber report

Ganeshgupta gajawada   18 November 2016

u can get stay from court to stop usage of his toilets for which u shall provide phothographs and a liscensed plumber report

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