It is the Responsibility and Duty of the society. You can file a complaint with the Deputy Registrar against the society.
Hi, we’ve been sent notice by the committee in our society that they’ve started renovating our society. Having our flat on top floor, lantern of roof covering one of our balcony has been completely shattered by the renovator’s men. This happened more than 4 weeks ago and since then no action has taken place to fix and amend that. We have tenants living in our house and are scared and concerned for them. The committee is now working on other blocks and has forgotten the damage done to building. It has rained 5 times since then and is on the verge of collapsing soon. Please suggest what actions can be taken place. There has been no work done since then.
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It is the Responsibility and Duty of the society. You can file a complaint with the Deputy Registrar against the society.
See you have to issue a legal notice to society to repair same within 3 days of receipt of your notice.If they fail either as your tenant to move out or you repair same and file suit to claim cost from the society and renovator.
Dear querist,
The best legal recourse is to file an application of temporary injunction seeking directions form the court restraining the renovation and further claiming compensation for committing a tort of endangering lives of the occupants. but, before that sending a legal notice before filing an application is preferable as that might be sufficient for us to get a relief from the society.
You can contact me for sending the legal notice and filing an application of temporary injunction.
Regards,
YUGANSHU SHARMA
ADVOCATE
DELHI HIGH COURT
Hi
You can opt to file specific performance suit in civil court to get it done.
Consumer court can also be reached for compensation.
Thanks
Have you notified about this damage to the society as a complaint, if not send a notice to the society immediately and ask for rectification .
If there is no response then you may file a consumer case against the society on this and seek heavy compensation
You need to inform the corporation and if found illegal.you can seek injunction from court for said work
Issue legal notice to society to repair damages caused to your roof
2) if no action is taken file complaint against society before consumer forum and seek orders to direct society to repair your roof
3) also seek litigation costs and compensation for mental torture undergone by you
Take photos of the damage caused to your property, issue notice to the Society demanding it to rectify the damages, if it fails to comply, you can file case seeking directions against the society to repair the damaged portion of your property and also seek injunction restraining them from carrying on any further renovation.
You can also claim damages and litigation expenses for mental torture due to inaction of the society for causing damage to your property.
1. In the given Circumstances, you have option to:
a) You can file a Police FIR, requesting investigation and charge-sheet, for IPC offences like Intimidation (506), Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
b) File grievance petition before the local Consumer Court, supported with all documentary evidences & witnesses, against Society, for their negligence, deficiency, unfair trade practice, harassment, losses and claim damages & compensation for the physical & mental trauma.
Keep Smiling .... Hemant Agarwal
VISIT:
File FIR agasint renovator and society committee head. He has committed mischief. When police will warn him of legal action, itself will do repair.