Repairing - I have a flat which have leakage
8 months ago
i have a flat which have leakage due the upper flat 301, Have informed many time for the same but he is not listening even have complain to the secetary but still no action have been taken yet, Its almost 4 month, Should i stop paying the maintaince
A.Dear Client,
Stoppage of payment maintenance charges to resolve the crisis may liable you to face further crisis apart from other consequences. When your complaint has not been attended to by the Society on repeated persuasion, you need to bring the matter to the notice of the Registrar of the Societies for a resolution in the matter before opting for litigation to resolve the issue.
Stoppage of payment maintenance charges to resolve the crisis may liable you to face further crisis apart from other consequences. When your complaint has not been attended to by the Society on repeated persuasion, you need to bring the matter to the notice of the Registrar of the Societies for a resolution in the matter before opting for litigation to resolve the issue.
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A.Dear Client,
Negligence Claim: If the upper flat owner's actions (or lack thereof) have led to the water leakage issue, you might have a claim of negligence. Negligence occurs when one party breaches their duty of care toward another, causing foreseeable harm. To establish a negligence claim, you typically need to prove that the upper flat owner owed you a duty of care, they breached that duty, and the breach caused the water leakage and resulting damage.
Private Nuisance Claim: Private nuisance is a legal concept where one person's use or enjoyment of their property is unreasonably interfered with by the actions of another person. The water leakage causing damage to your flat might be considered a private nuisance if the upper flat owner's actions or inaction are causing the problem. You would need to show that the interference is substantial, unreasonable, and has caused harm.
Injunction: If the upper flat owner's actions are indeed causing the water leakage and substantial harm to your property, you might seek an injunction from the court. An injunction is a court order that could require the upper flat owner to take actions to stop the water leakage and prevent further harm.
Damages: If you've suffered financial losses due to the water leakage (such as damage to your property), you might be entitled to claim damages. These would aim to compensate you for the actual losses you've incurred.
Regarding maintenance payments, stopping them without proper legal justification could lead to the association taking legal action against you for non-payment of dues. It's generally recommended to continue paying maintenance fees while pursuing a resolution to the leakage issue.
thanks
Negligence Claim: If the upper flat owner's actions (or lack thereof) have led to the water leakage issue, you might have a claim of negligence. Negligence occurs when one party breaches their duty of care toward another, causing foreseeable harm. To establish a negligence claim, you typically need to prove that the upper flat owner owed you a duty of care, they breached that duty, and the breach caused the water leakage and resulting damage.
Private Nuisance Claim: Private nuisance is a legal concept where one person's use or enjoyment of their property is unreasonably interfered with by the actions of another person. The water leakage causing damage to your flat might be considered a private nuisance if the upper flat owner's actions or inaction are causing the problem. You would need to show that the interference is substantial, unreasonable, and has caused harm.
Injunction: If the upper flat owner's actions are indeed causing the water leakage and substantial harm to your property, you might seek an injunction from the court. An injunction is a court order that could require the upper flat owner to take actions to stop the water leakage and prevent further harm.
Damages: If you've suffered financial losses due to the water leakage (such as damage to your property), you might be entitled to claim damages. These would aim to compensate you for the actual losses you've incurred.
Regarding maintenance payments, stopping them without proper legal justification could lead to the association taking legal action against you for non-payment of dues. It's generally recommended to continue paying maintenance fees while pursuing a resolution to the leakage issue.
thanks
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A.Dear Sir,
Stop payment of maintenance and send a legal notice to get repairs from the amounts which are accumulated by your housing society which is called as Corpus fund.
Stop payment of maintenance and send a legal notice to get repairs from the amounts which are accumulated by your housing society which is called as Corpus fund.
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