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Deepak (executive)     15 January 2012

Rates/mice problem

Hi,

I am a legal member of Co-operative society staying at ground floow and having a below problem.

In our society one or two members are throwing some food grains and eatable to the birds and outside their flat. There is a mice/rates problem in our society as their some open spaces which are not covered by cement and mice made their holes there. One of the reasons I think is because these members are throwing these eatable, mice/rates are attracted.

These rates are getting into my car and as of now I have lost Rs. 25,000. Also my car has been toyed three times as these rates are cutting the cable of petrol tank.

Even after in a society meeting it is decided and conveyed to all the member not to throw or put these eatable outside or in the grill but they are continue doing it. I

1)      What are the legal options societies and i can take against these members who are throwing eatable/food grain outside their flat in a society premises?

2)      Some members are also planting trees without taking society approval. This is further creating problem as because of planting soil became loose and rates/mice make holes there. In a letter, I have requested society to cover the open spaces with cement so that rates/mice should not create holes and also nobody should plant trees without approval of society.

What legal action society can take against the members who are planting trees without approval?

And on my request can society covered these open spaces where rates are creating holdes?

If society is not covering these open space what option I have as i am facing financial losses?

 

Thanks for reply.

 

 

 



Learning

 4 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     16 January 2012

After issue notice to Society, Get Injunction Order U/s 2 MOF

u can move Co-op Court too. 

Ranee....... (NA)     16 January 2012

Till you solve this problem legally use traps to catch them.Use meat pieces inside the trap to attract them and place the trap near your car continously for several days till 3/4 rats die.You will get relief for the time being.

Sorry for giving non legal solution in legal forum,

Deepak (executive)     16 January 2012

Thanks for the advice. But i am doing these things since almost last 2 year and now fade of doing this.   I requested people, i spoke to secretary and other members but no use. That the reason i am looking for some legal advice.

Request you to advice further.

 

Thanks

 

 


(Guest)

@Deepak

I agree with V R shroff advise .If you catch mice then they will come up again and again .Better issue notice and after get injunction order.Remember ,If you win a private nuisance lawsuit, you will most likely get damages.  The importance is that you will be compensated for having to put up with the nuisance.  However, if you want to stop the nuisance instead, a private nuisance lawsuit may not be the legal option to pursue. .

An injunction may be granted to prevent waste, trespass, or the continuance of nuisance to dwelling or business houses, to right of support, to right of way, to highways, to ferries, to markets etc. Nuisance, if at all, is a continuing cause of action and therefore there can be no application of any period of limitation.Proof of damage is usually necessary.


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