Try to rule out the option of spending equally and fixing it. Secondly if it's due to outer problem of society then they should take care. You can also complain to corporation if it's due to illegal construction by neighbour. Otherwise civil suit is only remedy
Water Leakage from Upstairs Neighbor
My Property is in Nigdi Pune We are having leakage from the neighbor upstairs, the neighbor is not ready to fix the leakage or waterproof and keeps giving reasons. We have complained to the society but we are not seeing any progress. I wanted to check what are my options to get this fixed. I am not based in India so if I want to proceed legally is it possible.
Asked 2 years ago in Civil Law
8 Answers
File complaint against neighbour before muncipal corporation that he is refusing to fix leakage .
2) also enclose copy of complaints made to society
3) if no action is taken file complaint against neighbour and society before consumer forum and seek orders to direct neighbour to carry out necessary repairs
You can issue a legal notice to the neighbor staying above your flat about this and demand him to either rectify the problem or to pay for the damages you suffered also for reimbursement of the repair charges incurred by you in this regard.
You may endorse a copy to the society, with a request to direct the neighbor to do the needful expediently.
If your legal notice also fails to fetch you the desired relief then you can file a suit for mandatory injunction and suitable compensation against the neighbor in the civil court.
I am out of India can I with the help of lawyer send a legal notice, is my presence in India required
Asked 2 years ago
you can engage lawyer for sending legal notice personal presence is not required
Objections by respondent are not tenable. Section 70 and Section 118 of the Karnataka Cooperative Societies Act, 1959 are amended to exclude the jurisdiction of Civil, Labour, Revenue Courts and Industrial Tribunal in the disputes touching the management or the business of the Co-operative Society. District Consumer Commission under new Consumer Protection Act, 2019 is not a Court. The complaint does not relate to management or conduct of business of Society. You are seeking refund of you deposit which you are entitle to withdraw anytime. Objections taken will be dismissed by the District Consumer Commission.
You can engage the services of any lawyer of your choice and can cause to issue the proposed legal notice.
Yes you can contact me for the same.
Sir,
If you need any further assistance.You can approach me through Kaanoon or LinkedIn.
- As per the new Bye-laws , the internal leakage repairing will be the responsibility of the member, and the society is only responsible for the external leakage problems.
- Hence, if the leakage is not due to the fault of the flat owner staying above you, then the expenses to repair the leakage has to be borne equally by you and above the flat owner .
- Further , if the said said neighbor not cooperating for repairing the same , then file a compliant before the Society .
- You can also send a legal notice to the said neighbor and also one copy to the society.
