Apartment leakage agony
pramod
(Querist) 29 July 2012
This query is : Resolved
Dear Experts,
I wish to know immediate legal remedies available to me against the severe damage and destructions, which is continuously causing irreparable loss to my flat due to sewage leakage from the upper flat at my apartment. Numerous verbal requests in respect of the leakage had been brought to owner of the upper flat apart from written complaint to President of Association. Hence would like to know further legal remedies one could get at the earliest and its respective procedures.
Thank you all…
R.K Nanda
(Expert) 29 July 2012
1, Issue a legal notice to him.
2.File police complaint against him in PS.
ajay sethi
(Expert) 29 July 2012
you cn amove court if you desire . to direct flat owner to carry out necessary repairs to his flat . if flat is in a cooperative society then suit has to be filed in a coperative court .make society a party to the suit .
under cooperative societes act in case of leakages exepnses are to be born equally by both the parties for rectifying leakages . express your willingness to pay for repairs
pramod
(Querist) 29 July 2012
Respected Experts,
Thank you for your quick response. Sir, mine is Apartment having 8 tenements and the same is registered with Maharashtra ownership of flats and apartments. Hence eager to know the right provisions of remedies.
Once again humbly request you to guide me.
Thanking you all..
ajay sethi
(Expert) 29 July 2012
is it registered as a cooperative society ?
pramod
(Querist) 29 July 2012
Respected Sir,
It is registered apartment, not a society under the cooperative housing society. Hence find difficulties in initiating apt procedure for legal remedy. The said apartment is of eight flats in total. Further to form a cooperative housing society that I have been told there have to be minimum 10 flats but with the discretion of the registrar of cooperative society even nine members can even constitute a cooperative society.
Therefore, humble request to all respected experts to help me find a right approach of legal remedies to restore my right of protection of property.
Thank you and warm regards to all.
pramod
(Querist) 29 July 2012
Please help me...
prabhakar singh
(Expert) 29 July 2012
lodging of FIR/Criminal complaint FOLLOWED BY A CIVIL SUIT OF MANDATORY INJUNCTION AND DAMAGES ARE THE ONLY REMEDY.
pramod
(Querist) 30 July 2012
Thank you all experts