I live in a building with 12 apartments. The water tank is manual and everyday thrice water overflows into our terrace. In spite of telling repeatedly no one wanted to spend money for an automatic tank motor. My neighbour throws seeds for feeding birds in our terrance and in spite of repeatedly asking them not to they haven't stopped. Now we were not in the apartment for about 8 months. We came back to see that deep cracks have developed and the partially broken and ready to fall down any moment. This is due to plants which were born due to the regular water and seeds. Our apartment which is in the top floor also has developed cracks. Still no one wants to pay to repair it. They are saying since it is over our home we have to do the repairs. But the terrace is a common area. Shouldn't everyone be paying for the repairs? The repairs will run to lakhs. We don't have that kind of money lying about. What to do? Also I am afraid it may hurt someone soon as it is in a very precarious situation.
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Terrace is part of common area and society has to pay for its repairs
2) file complaint against society before consumer forum and seek orders to direct society to carry out repairs to terrace
3) also seek litigation costs and compensation for mental torture undergone by you
We do not have a society as such. The maintenance is collected by one person and paid to various persons. Can I still proceed in the same way?
See Terrance is part of the common area and society has to repair same give a legal notice to society association for same if they fail you can file consumer complaint.
Since no society is formed you cannot file complaint before consumer forum
you have to file suit against all other members of building seek orders to direct them to contribute equally for repairs to terrace
See if there is no registered association then in that case you can notice other members for repair and then if they fail you have to proceed in civil court.
Consumer complaint is not possible.
File suit against all apparent owners to repair the damage caused to by all collectively.
If terrace is common then all will bear the expenses.
Public nuisance.—A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage.
You may approach the Police with a complaint and report this case to them. This complaint must be given against everyone who is involved and responsible for this sorry state of affairs.
In absence of any society to maintain the building it is the responsibility of the occupants to collect the amount after getting into a meeting to assess the actual requirement of the money and the same amount is distributed among all the apartment holders to contribute for the repair of the building in case you are not getting support of all the occupants of the building you can approach to the Nagar nigam or the development authority in your area to get some help in this regard
Approach before Local Muncipal Authority .
generally in absence of society building co owners bear all repairing expenses equally.
Dear
Yes the society is liable to pay for maintenance of common areas like terrace parking and galaries of the society.
If they are refusing for repairs of terrace then you need to file suit against all the members of society to bear equal share for repair of terrace. Which is falling apart due fault of all the members.
Is there any association functioning in your apartment complex, if yes, then you make a complaint about it so that the association would ensure the repair works out of the corpus funds.
If ther is no association then you may gather all the members together by a meeting and try to form an association with the bye laws as per approved format and then under the umbrella of the association all such petty issues may be taken care.
Individually you may not be able to fight against the people who are collectively responsible for the menaces you have mentioned here.
Nobody will listen to you, hence you may have to approach court of law for such civil damages/nuisances.
This comes under the maintenance only, hence in meeting an amount towards the repair of such issues may be collected and you may supervise the repair work voluntarily so that you can get the problem solved.