Sinha Pranavendra Dhari
Asked March 18, 2017

Damage caused by people living in above floor

  • 2 Answers
  • 298 Views

What legal action can be taken if damages are being done to flat by person who is staying in the above floor. Constant water seepage is coming down to the first floor from the floor above. Repeated request to the owner and RWA to recify the situation has not resulted in stopping the damage.

Answers 2

Hi,

It happens in apartments and such nuisance cannot be controlled through legal action, better speak to your association or builder to take measure to curb the nuisance. You can explore filing nuisance complaint although state is not a party, still threat to life and property can be a strong reason to set the law in motion.

Appreciate your feedback to my answer.

Regards

G.Rajaganapathy

Advocate

Agree Comment 0 Agrees over 3 years ago

Sir, this is grave problem. You can to take action, first send the Managing Committee and the person living above you a legal notice telling them to solve the seepage problem as soon as possible on the failure of which you will file legal charges. If they don’t reply or cater to your demand within the time stipulated by you, then you can file a suit for permanent injunction under Section 38 of the Specific Relief Act. A suit for injunction seeks relief from the court to order a person to immediately comply with the demands of the plaintiff (you) if their actions cause you injury. You can not only ask for problem to be solved but you can also demand damages for mental agony, loss and legal costs bared by you.

Agree Comment 0 Agrees over 3 years ago

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