Urgent - Leakage from above flat followed by assault.
Ria
(Querist) 20 July 2010
This query is : Resolved
Respected experts,
I am residing in first floor flat in the above mentioned co-operative housing society. There is a leakage in my flat from the bathroom and bedroom of Mrs. Renuka Gosavi who is staying above my flat, her flat no. is 203. Due to leakage the water is slowly seeping in my ceiling and has already damaged my my walls. There is fear of electric short circuit taking place any time in my bathroom which evident from the way my switch board is hanging down. Also the filthy bathroom water is causing a bad stink in our house which has endangered our health.
I have repeatedly asked Mrs. Renuka Gosavi to carry out repairs and plug the leakage. She is ignoring it since last three weeks. This week when I again went to her flat to complain and remind her of the leakage from her flat she asked me to pay off her society dues, which is clearly an attempt to extort money from me. And when I refused to give her any money she approached me in a threatening manner so as to assault me.
Later when I returned back to my flat she came down to my house and again criminally intimidated me to cause more leakage and again threatened my by saying that I will have to face dire consequences if I again complain of the leakage from her flat or inform the police about the same. All these actions of Mrs. Renuka Gosavi was supported by the secretary of our society Mr. Ketan Shah and his wife Mrs. Illaxi Shah, who have a grudge towards us as we have been consistently objecting the overcharging of society maintenance.
Iwould request you please guide me as to the proper legal course. Would police complaint be enough ?
Raj Kumar Makkad
(Expert) 20 July 2010
Immediately file a police complaint against Mrs. Renuka and file a civil suit for injunction and obtain stay order. also claim for damages to be ascertained by competent engineer at some later stage.
s.subramanian
(Expert) 20 July 2010
in addition to the police complaint you can file a suit for mandatory injunction against her for carrying out the repairs to the seepage. you can seek the appointment of a commissioner also from the civil court to inspect your house and ascertain the extent of damage caused to your house along with a competent civil engineer.you can ask for interim prohibitiry injunction restraining that lady from using the area which is the cause for the seepage and the consequent damage to your house pending disposal of the civil suit. this will be an effective measure
Devajyoti Barman
(Expert) 20 July 2010
Yes, that apart criminal cases can also be filed against her with charges of criminal intimidation and verbal abuses/insult.
Chanchal Nag Chowdhury
(Expert) 25 July 2010
Apart from the police complaint, U will have to file a case before the Registrar of co-operatives as he is the authority to deal with such matters.
Ria
(Querist) 26 July 2010
which court should I approach for this matter civil or consumer court ? Should the secretary and committee members be included in the petition ?
