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parag (Team lead)     08 February 2011

Notice received for leakages on flat below my home

Hi,

We had repairs work in our home in Dec 2007 - Feb 2008. The repair work completed and the society returned the deposit of Rs 10000 which we had initially given to them before the repairs were started.

In Dec 2009 (after 1 and half year), the owner of the flat below us started complaining of leakages in his home due to repairs work at our home (to new society). (The same owner was a secretary of the society in 2007 but is not a secreatry from 2009). He has externding his window roofs which cause dirt and smells due to bird sh*ts accumulating on those. He mentions that there is regular waterfall from window washing though we just have requested to arrange for his window roof cleanup. We also replied to his letter on his false allegations against us and insisted not to use defamotory languages.

He has now gone to consumer dispute court and filed a complaint against asking and claiming the repair charges against us. I nowehere see the repair at our home a cause to leakage in his house nor do the amount he has claimed justifiable.

Request to advise what should be my next action point



Learning

 3 Replies

SUJIT S BHALEKAR (Sr. MANAGER-LEGAL)     09 February 2011

Dear Parag,

You have to fight the same in the consumer forum,  If you are confirmed that leakages causes, are not due to the internal repairs at your end, you can get the certificate from certified RCC contractor, that there are no leakages being caused due to repair of the premises or either can ask the society official to check & certify the cause through 3rd party contractor, which will help you to substantiate case in the Consumer Forum.

 

Regads,

Sujit S. Bhalekar 

parag (Team lead)     09 February 2011

Thanks Sujit.

The repair completed in Dec 2008. Would RCC contractor be able to ceritfy and confirm if leakages (if any) are not due to repairs at the premisses.

H. S. Thukral (Lawyer)     11 April 2011

The other party is not a consumer and you are not a trader. The CPA is therefore not applicable. Complaint in consumer court is not maintainable.


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