Damage to property, harassment and noncooperation by neighbour
Querist :
Anonymous
(Querist) 25 January 2012
This query is : Resolved
Hi,
This is regarding the leakage of water from bathroom of the upper floor to the ceiling of our bedroom for last more than 3 months . The neighbour at the upper floor is completely denying to get it repaired and this has caused a lot of damage to our ceiling. Their ground for not getting it done :
Same problem happened 2 years back and we got the leakage from their bathroom repaired at entirely our cost. Even after that they kept on harassing us for more than 2 months and it ended in a verbal fight. The lady says that because of that fight she will not get it repaired this time.
Now, the leakage problem is getting worse day by day. We have approached society and neighbours to request them to get leakage repaired and they have tried talking to the upper floor neigbours but they are adamant on not getting it repaired.
What can we do in this situation? can we claim property damage and get the leakage repaired too.
How long will it take to get result if we file a civil suit against them? Or, should we go to the consumer court?
Please help.
Devajyoti Barman
(Expert) 25 January 2012
If the leakage persists for quite some time and is not attended properly by its occupier then you can claim damages against them.
For quick response file a petition u/s 133 crpc in the court of local 2nd Class Magistrate.
V R SHROFF
(Expert) 25 January 2012
Here o-op Soc Act apply, as I believe, it is a Flat in Coop Hsg Society.
You complain in Writing to Society Secretary with Copy to Asst Registrar , to repair it.
You also mention, you will file cases at Co-op Court/ Consumer Forum, if not repaired within 15 days
Usually 1/3 cost shared by upper floor, yourself and Society to Repair it. Which you hv to bear.
Querist :
Anonymous
(Querist) 25 January 2012
Thanks for your responses.
ajay sethi
(Expert) 25 January 2012
you can move the cooperative court if no action has been taken inspite of repeated reminders to member /society / Registrar .
disposal of case waould depend upon pendency of casesin cooperative court
Querist :
Anonymous
(Querist) 25 January 2012
Thanks to all of you
