Trouble from neighbours

Querist : Anonymous (Querist) 19 December 2011 This query is : Resolved
Hi,

I am living in a DDA MIG Flat in North Delhi area. I am having lot of trouble from my first floor neighbour. I stay in the ground floor. The lady staying above has been regularly troubling us by keeping their water cooler and AC above our verandah on her window and its water spills over into our courtyard. Despite pleas for over 15 years which fell on deaf years, we put a temporary roof for fiber glass some 4 year back. Now the lady is hell bent on having the courtyard converted into a full fledged room and threating us to allow her to construct a roof on it so, that she could construct a big room and extended balcony. She is giving lame excuses like not able to repair her cooler and AC which she anyway never bothered in the past and also in other ways like causing seepage in our house by letting water run in her toilets. Also one of her toilet flush is in need of repair and she is using that to cause more seepage in our house.

I would like to know the options available before us in this regard. Whom should we approach to help us live our life with dignity and in non violent manner. We are not interested in covering our courtyard and would like her to put up a Split AC in her room and remove her cooler and AC from her window, so that we can remove the fiber glass sheet and get much needed access to air and light.

I want the lawyers forum to help me out by proving some advice in this case.

Thanks and Regards,
RR

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ajay sethi (Expert) 19 December 2011
1) she cant force you to cover your courtyard . it would be illgeal .
2) you will need to make an application to muncipal corporation for permission to cover our courtyard . in addtion you will need society permission .

3)as far as seepages in our falt are concernedif the lady refuses to carry out necessary repairs you have to complain to socirety. if no action is taken complain to registrar cooperative societies .

4) if she refues to still carry out rrepairs you will have to move court fordirection that lady should carry out necessary repirs to her toilets

Querist : Anonymous (Querist) 21 December 2011
Hi ajay,

Thanks very much for your reply.

Ours is a DDA MIG flat and we have an RWA duly elected by the residents. Can I make a representation to them regarding the threat issued by our neighbours and also regarding their toilet repairs.

In case RWA does not take action or refuse to intervene, how can I take legal remedy.

Can submitting a written complaint in the local police station help.

How do I approach courts and report this unveiled threat and report damage to property and threat to my family well being.

Thanks and Regards,
RR

ajay sethi (Expert) 21 December 2011
yes you can do so .

if RWA does not take action then you will have to contact a local lawyer .

you may lodge police complaint but police are generally reluctant to intervene in internal society matters .

you cna move court for directo that she should carry out necessary repairs . you will have to pay 50%of costs of reapirs

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