• Damage to home due to construction work in neighbourhood

Dear Sir,

I am living in Dwarka Mor, New Delhi. There is a construction work going on in my adjoining house from last 4 months, since May 2015. Side wall of both the houses are joined. During construction process our house has suffered severe damages, like cracks in house walls, seepage of water from side walls and damage to interior paid and pop. They used heavy drill machines and hammers to dismantle the old house resulting in heavy vibration and jolt to our house. I have informed the Builder about this problem already. Initially they assured me that they will repair and paint our house in due course. On their oral assurance we never resisted despite heavy disturbance and pollution in the nearby area. But as their work is about to complete they are not acting to their promise.

Kindly suggest me legal remedy to this problem.

With regards,

Manoj Sharma
email: mks.utr@gmail.com
Asked 2 years ago in Civil Law from Dwarka, Delhi
1) issue legal notice to builder that on account of construction work being carried out by the builder in adjoining property your house has suffered damages . Quantify the loss caused to you and ask builder to carry out repairs within period of 7 days from receipt of notice 

2) also complain to Muncipal corporation I this regard 

3) if builder refuses to make payment or carry out repairs file suit to direct builder to carry out repairs or pay you for the repairs 

4) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
46891 Answers
2772 Consultations

5.0 on 5.0

Hi, you have to file a suit for damages as against the Builder because of the construction work you are suffered damages to your property.

2. Further, you have to file a suit for bare injections restraining them for construction of the work.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1) Send a legal notice to the neighbour and demand immediate repairs or compensation for the damages immediately.

2) File a complaint in the local police station with a copy of the legal notice and demand interference of the police.

3) Complain also to the concerned Municipal Authority about illegal construction causing damage to your house. Firstly send a notice and demand immediate action film the neighbour.
S J Mathew
Advocate, Mumbai
2264 Answers
110 Consultations

5.0 on 5.0

This menace is commonly prevalent is almost all the laces where a new construction work is undertaken by demolishing the existing structure/old building causing damages and harassment to the neighbors. The builders will not pay heed to any genuine request made by the neighbors and the police action will also be ineffective in this regard. The best solution is to approach court of law with an injunction suit seeking the defendants to restrain from further construction of their building and stay all its activities until they make good the loss or damage caused to the neighbors caused due to their activities.  Do it immediately by taking the help of an advocate or else the builders will fly off after completing the construction or you may not have any h on them once their proposed work is completed. 
T Kalaiselvan
Advocate, Vellore
37091 Answers
403 Consultations

5.0 on 5.0

1. You can file a lawsuit to claim compensation from the owner of the adjoining house for the damage done to your property.

2. You could also have sought an injunction against him while the work was in progress.
Ashish Davessar
Advocate, Jaipur
23176 Answers
641 Consultations

5.0 on 5.0

1. You should have filed a complaint before the police complaining about public nuisance and damage to your property,

2. After that the builder would have entered into an agreement with you for repairing the damage by keeping an amount of caution money with you for that purpose,

3. You have missed that bus,

4. Now also you can file a police complaint for causing damage to your property,

5. If the builder refuses to act as per his promise, file a damage suit against him.
Krishna Kishore Ganguly
Advocate, Kolkata
18818 Answers
454 Consultations

5.0 on 5.0

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