kirankumar (Part time Employee/ student of BL) 23 December 2014
Under what section can we file a case against on the Flat Owner on our Top Floor For not maintaining his House Properly and causing the problem to blow flat people? Which causing the leaks from his bathroom’s and entire building is being spoiled. As all the Blow Flat people are suffering by him.
What is the procedure to take necessary action on him?
Is there any related judgments?
Utsav Ghosh (Advocate) 24 December 2014
Under such a situation I advice you to send notice to him without causing further damage to your flat. You can file a case under Civil Procedure Code (CPC) for the negligence on part of the flat owner as well as for harassment and damages caused to your flat.
You may file a letter to the local Registrar office and thereafter send notice to the flat owner marking a copy to the Society for immediate action. You may also bring the incident to the notice of Society Secretary and the Chairmen and thereafter send a notice for immediate action and tell them to repair the same form the Society funds since this is the matter of the Society and not on the individual flat owners.
I after such notice and request fails to repair your flat then it shall be better that you take the help of local Advocate and lodge a case against him in the local Metropolitan Magistrate Court for cost of repair and damages.
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