Nuisance dueto waterleakage from overhead apartment
Mahesh Phadke
(Querist) 25 November 2013
This query is : Resolved
The water is percolating into the walls of the flat of first floor due to the leakage or some problem in the bathroom of the second floor flat,owner stays away but he has rented the apartment and the tenant is not agreeing to allow the repairing because of his family problems.Owner is avoiding the repair of his bathroom, Association is not willing to interfear into the matter because it is the matter between two owners not of the whole building. What is the legal course of action available.How much time it will take to get the case solved.
malipeddi jaggarao
(Expert) 25 November 2013
Contact owners and impress upon them that this creates a problem not for your flat but also his flooring. Since he is away, tell him that you will take responsibility for repairs if he agrees for meeting the expenses. If the present tenants are not co-operative for repairs; tell the owner that he should get them vacated and after repairs you will help him to find out another tenant. This is amicable solution. If the owner is still not co-operative serve a notice on him and on the Governing Body of the society that because of their inaction you are suffering and unless the problem is rectified, you will take redress through court.
As regards time frame, since it is a civil dispute, nobody can tell you about the probable time.
Devajyoti Barman
(Expert) 25 November 2013
File case u/s 133 crpc or civil suit for injunction.
R.K Nanda
(Expert) 25 November 2013
nothing more to add.
Mahesh Phadke
(Querist) 25 November 2013
Dear Mr,M.Jaggarao, Devajyoti and Mr. R.K.Nanda,
Thanks for your suggestions.The Owner has verbaly said that he will repair after Jan. 2014. Beacuse that time tenant will be free from family problems. Meanwhile the wall will get totaly wet and the owner of 1st floor has to suffer till he repairs, as well as to spend the money for repainting the wall.
Is it necessary or safe to file NC in police station till the owner starts the repair work. Mahesh Phadke
Ms.Nirmala P.Rao
(Expert) 25 November 2013
Please file a Private Nuisance Civil case in a civil court seeking an injunction to direct the owner of the 2nd floor etc to carry out repairs of the building joining the tenants also as parties also seeking relief of damages etc in the injunction suit. You'll have to prove some special damage to you or your premises in this nuisance case than what is caused to other flat owners. First get issued legal notices to the owner and also to the tenants and also the flat owners association etc.If you wish to thank me for this reply please click the thank you button on my profile.
Rajendra K Goyal
(Expert) 25 November 2013
If the owner is promising for repairing in Jan.2014, better wait for the time as legal action may not fetch immediate results.
Dr J C Vashista
(Expert) 25 November 2013
Issue legal notice to owner as well as tenant and Society for getting required repairs failinng which file suit for mandatory injunction as well as complaint u/s 133 Cr. PC.
Why wait for next couple of months?
