Dear Client,
You can file a suit under Section 425 of IPC and the landlord/owners of the flats will be jointly held liable for the acts of negligence of their tenants.
Thank You
Acts & negligence of households on other floors causing damage to my property & health
My 1st floor unit in a 4 storey building in Delhi getting ruined by constant dampness caused by water leaking by households on ground, 2nd and 3rd floor. Four water tanks installed on rooftop, one each for each household living on four floors. Households on ground, 2nd, and 3rd floors are tenants (landlord/owner doesn't live in the same building, he lives somewhere else), and refills their water tank many times during the day using illegal borewell 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 are close to the shaft and they are getting 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 recently and this has happened many times in the past. Rest of the bathroom ceiling and walls also slowly falling apart. Repair and whitewash doesn't last even a year before moulds and fungi start developing again on ceiling and walls As a legal aspirant I have decided to file a FIR under 269, 270 of IPC (moulds and fungus developed due to dampness capable of spreading diseases dangerous to life including black fungus/mucormycosis in present Covid times, a few members in the family have developed allergies and asthma like synonyms) & 424 of IPC (wrongful loss or damage to any person, or destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously), & I want to claim compensation under new rule of Tort of absolute liability I have following two questions: 1. Is my case fit for FIR under Section 269, 270 & 425 of IPC? Also, can I claim compensation under new rule of tort of absolute liability? Are there other remedies available? How about 307 of IPC? 2. Is landlord/owner of three floors (one floor belongs to me) in the building jointly accountable and liable for acts & negligence of his tenants? Tenants come and go and are not traceable after they leave the building. I have been complaining to the landlord since 2016 but he has always turned his deaf ears.
Asked 3 years ago in Criminal Law
Religion: Hindu
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5 Answers
If no action has been taken by floor owners inspite of repeated complaints file complaint against them before Muncipal corporation
2) you are entitled to claim expenses incurred on account of leakage into your flat from the flat owners
3) your FIR is maintainable
First of all before lodging a criminal complaint to the police you have to get the issue addressed to the people who cause or responsible for the reported loss or damage.
If the other floor occupants do not cooperate or rectify the issue then you can very well file a suit for mandatory injunction against them to get this problem solved through civil laws.
You can even approach the competent authority of the local civic body for relief and remedy.
Since this is a civil matter you may have to exhaust the remedies available before you under civil laws
If the occupants of the other floors involve in any quarrel then you can approach police for suitable action against them as per provisions of law
- Offences under 270 and 425 are clearly established. Offence under Section 307 is not made out as there is absence of mens rea.
- Landlord is liable with tenant as he has knowledge of leakages and responsible for taking correcting measures.
- File a private complaint in the court of Magistrate with medical proof you have producing photographs and videos.
1. Yes
2. Take legal action
