My 1st floor unit in a 3 storey building in Uttam Nagar, Delhi getting ruined by constant dampness caused by water leaking by households on ground and 2nd floor. Three water tanks installed on rooftop, one each for each household living on three floors. Households on ground and 2nd floor refills their water tank many times during the day which causes water to overflow from their water tanks. Water overflow from tanks travel down the shaft from top to the bottom. My bathroom and the room adjacent to it close to the shaft gets constant exposure to water leaking, hence both the bathroom and the room adjacent to it have developed dampness. A part of ceiling in bathroom fell apart and came down heavily on the floor one day in the middle of the night. Luckily no one got injured. Rest of the bathroom ceiling and walls also slowly falling apart. The top layer of walls have also started falling. What remedies are available and under what sections & provisions of what Acts. Please advice. I am a legal aspirant.
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Issue legal notice to neighbours to rectify leakages
2) if no action is taken file complaint against neighbours before muncipal corporation for failing to rectify leakages
3) you can also file suit seek court orders to direct neighbours to rectify leakages
I want to claim compensation for the loss in terms of damage done to my unit and reduced value of the property due to dampness, and also I want to explore criminal provisions if there's any in order to put pressure on him for compensation. Thanks in advance
Being a legal aspirant, you may better decide about taking it legally against occupiers of the floors above and bottom to your floor.
If they don't stop their careless attitude and fail to control the overflow of water you may first issue a legal notice by attaching the documentary evidences to show damages caused to your property due to their negligence.
If they still don't respond properly, you may approach court with a suit for mandatory injunction restraining them from causing further damage to your house property and seek court direction to them about the court instructed guidelines to be followed or to face legal consequences failing to obey court orders.
File complaint against association and neighbours before consumer forum and seek compensation for mental torture undergone by you
also seek litigation costs
This is not a criminal offense hence you can't take any action against them under criminal law either by a private complaint or police complaint.
You first have to exhaust the remedies available before you before you intend to initiate any legal action against them for remedy and compensation.
If they don't respond then you may collect evidence and also assess the damages caused through an engineer after which you can proceed with the proposed legal action.
File a criminal complaint under Section 269 for, malignant act likely to spread infection of disease dangerous to life. Dampness causes many lung diseases. File the complaint in the Court of Magistrate as police will hesitate to take complaint. Court will order police to register FIR, investigate, produce accused in court and file charge sheet. After trial Court will punish the accused. Punishment of above offence is imprisonment for up to two years. Produce documentary proof like photographs and videos. On the same ground you can claim compensation for damage to residential house and health by filing civil suit.
You can file compliant to municipal Corporation against them. You can also go to consumer court by making society a party
Dear Client,
Section 307 IPC is an offence of ‘attempt to murder.’ It is considered as heinous as committing murder.There are necessary to prove an offence under Section 307 under Indian Penal Code. Without them, the case will not be considered valid. The Act attempted must be of such a nature that in case it will not be prevented, it would lead to death of the victim.The intention to kill someone should be proved without a doubt. In order to prove this, the prosecution can make use of the circumstances like an attack by dangerous weapons on vital body parts of the victim. The intention and knowledge of attempting a murder should be followed with conviction under the Section 307 IPC.The act must be done with the knowledge that it is likely to cause death of a person or the intention should be such that it would cause major bodily injury that will take a person on the path of death.Under this section, it is important to prove the intention of the accused to kill the victim. The nature of the weapon used, manner in which it is used and motive behind the crime is taken into consideration before lodging a complaint under 307 IPC.A physical and voluntary action must be visible in an attempt to crime. It is important that the incident should be capable of causing death of the person who was attacked.
The rule of Ryland v. Fletcher applies only to the non-natural use of land but the new rule of absolute liability applies to even the natural use of land.So you can also claim compensation under the Tort of Absolute Liability.
Thanks & Regards
