dear Sir,
I have been facing a serious water leakage problem from the bathroom of the flat above mine. This problem has been around for more than 2-3 years now. there is continuous dripping in the kitchen and bedroom at around 14 different places. I have complained to the flat owner and he always promises to fix the problem but does nothing. In 2012, he claimed to have fixed the leakage but the problem has only worsened. He still wants me to pay him Rs. 2500 for solving the water leakage but without any receipt and wants the amount in cash. He sent me SMS also to that effect which i have preserved as evidence. Anyway the problem is since the past several years my flat has been unfit for living and i have kept it locked and vacant. I have been unable to rent the property as a result.
After I refused to pay Rs. 2500/- to the flat owner since, the problem has neither been solved nor even reduced, he telephoned me on many occasions and threatened me. His language was uncivilized and foul and I decided to never talk to him again on telephone. About 10 months ago, I served him a notice to get his flat repaired. I agreed to pay 50% of the costs involved. I also gave a quotation from a contractor to solve the leakage. I sent him several notices and informed him that because of the leakage I have suffered losses to my flat and also have been unable to keep a tenant. All notices have been CC'ed to the society but the society has not given me any relief yet. The society sent me a letter informing me that the flat owner was willing to cooperate but wanted to talk with me on telephone. I replied to the society stating that I have chosen the legal notice approach of communication since the flat owner uses abusive, threatening language and therefore the flat owner was free to communicate with me using a written letter.
However, since then there has been no communication from the society nor the flat owner who stays above my flat. I have paid all maintenance changes of the society and have nothing outstanding. I would appreciate if someone could answer my questions below :
1. Can I ask the flat owner who stays above my flat to pay for losses to the celling, paint and walls of my flat due to the leakage from his flat ?
2. Can I claim damages since i have been unable to keep a tenant in my flat as the flat in inhospitable for any living life ?
3. I prefer to approach the consumer court but how strong is my case ?
4. How long will the court proceedings last ? How much would (as a ballpark estimate) would it cost me ?
thanks you,
Kedar
