• Consumer court

Sir, Incurred expenses on replacing iron door frames and window frames in delhi society flat  and on replastering kitchen and toilet ceiling due to seepage from toilet in the flat above my. I do not  have receipts for the frames .Can i seek damages in consumer court?
thanks
Asked 1 year ago in Civil Law from New Delhi, Delhi
1) you need documentary evidence to substantiate your claim 

2) you have to prove that X amount was incurred by you towards replacement of window frames 

3)without proof you would not be granted any reliefs by consumer forum 
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
1) complain to muncipal corporation about illegal construction  made 

2) send letter to society in this regard 

3) if no action is taken by society or corporation move court for demolition of illegal construction 
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
1. Yes, you can seek for order for payment of damage to you but what wiull be the amount to be claimed byb you towards the coast of the repair and replacement?

2. Collect copy of the bills of the items purchased by you for the said repair and replacement,

3. After that file a complaint case before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming cost of the items you have purchased  and expense you bhave incurred for the said repair and replacement with interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
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1. Any construction deviating or adding to the original sanction of construction also requires additional sncion,

2. Enquire from the DDA or the appropriate sanctioning authority through RTI route if they refuse to provide information in normal course.

 
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
Sir, Incurred expenses on replacing iron door frames and window frames in delhi society flat  and on replastering kitchen and toilet ceiling due to seepage from toilet in the flat above my. I do not  have receipts for the frames .Can i seek damages in consumer court?
You can seek the cost of damages or compensation in lieu from the builder provided the defect was due to the builder's defective construction. You may first notify him the damages and the expenses incurred to rectify the same and demand him to pay or compensate the loss to the extent of  expenses incurred by you, the receipts are not necessary, you may obtain a hand bill from the mason or the person who repaired them including the hand bill for purchase of the items replaced. 
However, please note that the above damages can be claimed from the builder alone due to defects in construction, but if you intend to claim damages from society, you should have notified the society and also should have informed them about undertaking the repair matter by yourself and the society can be held liable for the expenses.If such steps have not been adopted, the society may wash out their responsibilities saying that the repair was due to wear and tear and they cannot be held responsible for the damages caused by you while in occupation.


how to force the society flat mngmnt in delhi to reply whether the flat owner above mine has extended his drawing room and made balcony a pucca room legally or by illegal construction?
The observed irregularity or illegal construction is to be brought to he notice of the society management in  writing and should obtain acknowledgement for the same to secure the evidence for your complaint.  The inaction of the society to make the situation alright can be made in the complaint with the Municipal  authorities where you may move a complaint about the illegal structure of the neighbor  violating the approved building plan/constructions.
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0
1. If you do not have receipts then how would you prove that you incurred expenses thereon? You have no legs to stand on in the court in so far as claiming damages is concerned.

2. The notice should be issued to the flat owner along with the society. You cannot force either of them to reply to your notice. The maximum you can is to seek injunction against the flat owner.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
This depends of the age pf the construction, if the age of the construction is not more then two years , youcan file a consumer complaint against the society or the builder. 

If the resident above has extended the balcony , which surely would have been done without permission, you should file a complaint to the authority and seek information. 
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0

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