We have a neighbour living upstairs. He recently hired some workers for getting his house painted and during the course of this work he's spilled the Exterior Apex Paint on our Awning covering one of the section of our house... It is a loss of almost15-20 thousand as the paint won't come off and the awning is in the front of section of our house.. He didn't use any sheets to cover while getting his house painted hence causing the destruction of our awning.. Kindly advise what legal action can be taken as this neighbour is a nuisance and keep on making the public stairs wet by watering his plants kept in the public staircase causing threat to people using the staircase of slipping and getting injured...
Asked 2 years ago in Civil Law from New Delhi, Delhi
Your remedy is to file a suit for permanent injunction to restrain him from damaging your property and committing nuisance that he commits. This apart, compensation can also be claimed from him for the loss already occasioned to you. Issue a lawyer's notice to him before going to court,
1) you can send letter to your neighbor to forward cheque of Rs 20000 for loss caused to your awnings as renovation work had damaged your awnings
2) if he refuses to do so complain to society in this regard
3) issue legal notice to your neighbour if he fails to make payment
4) don't take any legal proceedings as legal fees would be more than Rs 20000 if you file case
File a case u/s 133 crpc in local magistrate court so the ongoing mischief is stooped at once.
To recover the loss you have to file a civil suit for money.
A complaint with the local police about such damaging activities under Section 133 in The Code Of Criminal Procedure, 1973, i.e., order for removal of nuisance is an option besides filing recovery suit.
You may make a complaint to the society/association about this nuisance and the damages caused by him and to instruct him to compensate to the damages caused;
You may issue a legal notice to him demanding to pay the amount due to his irresponsible act which caused you loss to this extent.
If he is not complying with the demand or his response is not justifiable you may choose to lodge a criminal complaint against him with the police as well as the local civic body for his acts of nuisance which are beyond tolerable level.