You can immediately approach civil court or consumer court so that tower will be removed and compensation will be granted for causing damages.
Ceiling collapsed due to negligence of society and Indus Towers
My freehold flat's ceiling has collapsed due to telecom tower erected by Indus towers under rent agreement with Society. No one is taking responsibility of removing the towers and repair the damages. I have been sent a notice by society to not to remove anything. We are a family of five people and disaster can strike anytime, please advice what should I do. Thank you Best Regards P. R. Kapoor
Asked 11 years ago in Criminal Law
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7 Answers
Dear Mr. Kapoor,
You need to proceed against the society as well as the company which has installed the tower by filing a suit for mandatory injunction and damages. Also the concerned local authority has to be informed about the same.
the action should be taken immediately so that further loss/damage can be prevented.
Feel free to contact on [deleted] for assistance.
Kind Regards
Setu Niket
Advocate
Dear Kapoor,
Issue a detailed legal notice by approaching a civil lawyer in your area and claim the damages from the society and the indus towers and mark a copy to the Municipal Corporation and then file a suit. Further, you can approach the concerned competent authority i.e., the municipal corporation or other competent authority which has given consent to erect the tower and you can question the action of the authority for not giving serious directions to Indus towers in taking any precautionary damages. Inview of the damage to the roof and there was every threat to the lives of the inmates of your flat as the roof collapsed you can rope the government authorities and approach the state human rights commission. Further, as you will mark a copy to all the concerned authorities if no action is taken by the authorities it amounts to dereliction of duties on the part of the officers in discharging their duties and you can file a writ in High Court also.
Issuing a notice for restoring the ceiling within 15 days may be given. And, thereafter approach consumer forum and seek damages and compensation. You would get faster response from consumer forum.
thanks.
Agree with experts, nothing left to add.
Lot of choice given to you above,you decide your course of action.
Anil Gupta
Delhi
1. Since your family is a sitting duck to the impending disaster you should immediately move to court and seek removal of the tower. The most efficacious remedy would be to move the High Court.
2. For the damage that has already been caused the legal remedy available to you is to seek monetary damages by filing a case in the civil court.
