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AI am a retired person living in a 16 storey highrise in Mulund, on the 10th floor. The flat above mine was unoccupied for many years and since last three months, the owner has started staying in it. Since the time he and his family started living in the flat, I have started noticing water leakage on my ceiling near bathroom. Obviously something is not rightly done in his flooring.
I tried talking to him, the society committee but his approach is “do whatever you want” but he will not fix it nor allow anyone else to fix it. He is a policitally influencial person and no one wants to get into this.
What legal options do I have that will give some positive outcome. My interest is only that he fixes the issue in his own house. I do not expect him to compensate me for the damage in my flat.
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PYou can explore the following legal options:
1. _Notice under Section 268 of the Indian Penal Code_: You can serve a notice to the owner, highlighting the issue and requesting them to rectify it.
2. _Approach the Society Committee again_: Request a meeting and emphasize the urgency. Document all correspondence.
3. _File a complaint with the local authorities_: Contact the Municipal Corporation or local civic body, reporting the issue and requesting intervention.
4. _Consumer Forum or Court_: If the issue persists, consider filing a complaint in a consumer forum or court, citing negligence and disturbance to your peaceful living.
5. _Seek help from a local lawyer_: Consult a lawyer specializing in property or civil law for personalized guidance and representation.
To strengthen your case:
– Document evidence (photos, videos) of the leakage.
– Keep records of correspondence with the owner and society committee.
– Gather witness statements (if applicable).Your goal is to get the issue fixed, and you can emphasize this in your communications.
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