I live in CR park. In my building FF nd terrace is owned by a person nd we live in 2nd floor. Our water tank nd tata Sky dish are installed on terrace. But the neighbour has put a lock on d terrace door nd doesn't allow us entry for repair maintenance there of. Whenever we ask to open the gate to let us Chk water tank for repair nd upkeep he harass us by all means saying don't know where the keys are , come some other tym ,regardless of the how important may be the work. And we end up paying hefty wages to the labour who comes for work as they have to make several visits to complete the work. Sometimes he would tell them to leave the work in the middle ,throws them out and locks the terra d Gate. It's getting very difficult for me to live here. It's my owned house. Recently my main water pipe was broken by monkeys and my water supply had been abrupted since 7 days now. We called 100 for help but they didn't do anything to help. We submitted a written complaint for which they again said it's ur internal matter nd we cannot do anything. I feel helpless. What is the course of action. Pls suggest
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1) issue legal notice to neighbour to permit access to terrace for carrying out repairs to the water pipeline
2) if neighbour refuses file suit in court and obtain orders to direct neighbour to permit access to terrace for carrying out water pipeline repairs and for other purposes
Thanks for the valuable advise. Further would like to know if on legal notice he allows to carry out the repair work this time but would it serve a permanent solution or still we have to file a suit. Because he might refuse to allow access in future too. Then what should we do.
Objective of issue of legal notice is to put neighbour on notice that if he refuses to permit access you would be moving court for necessary reliefs
2) you won't have to file suit if he permits access to terrace
3) in future if he refuses access againissue legal notice
Legal notice is of no help as it has no binding legal force.
I am not sure what is your rights in the proeprty- a tenant or owner.
If tenant then your landlord will have to intervene.
If you are owner then the neighbour may also neighbour and in that event both of you have common joint rights over the terrace and the neighbour can not restrict your rights and retain the sole right with him.
So you ave to file a civil suit for declaration and injunction to have unrestricted access to terrace which is your legal rights
So take steps asap.
You are not helpless. You have an easementary right on the terrace to repair the water tank and dish. If he does not allow you access then a suit for permanent injunction may be filed against him in the civil court. Temporary injunction may be granted on the first hearing.
Dear Concerned,
a. Legal notice will help for for a short while - if your neighbor is a fearless person he may not allow even after the legal notice - and vice versa he will do as you say i.e use when you want to ,
b. Next time this person stops you - you also dial 100 and call the police that this person is obstructing your way for common services. (do check the clause of common services usage in your registry document)
c. Yes you can file a suit for seeking permanent instructions to the neighbor for allowing you to use the terrace.
Best of Luck
Legal obligation of one party to a victim as a results of a civil wrong or injury. This action requires some form of remedy from a court system. A tort liability arises because of a combination of directly violating a person's rights and the transgression of a public obligation causing damage or a private wrongdoing. Evidence must be evaluated in a court hearing to identify who the tortfeasor/liable party is in the case.
Tort is breach of some duty independent of contract which has caused damage to the plaintiff giving rise to civil cause of action and for which remedy is available. If there is no remedy it cannot be called a tort because the essence of tort is to give remedy to the person who has suffered injury.
Indian courts have held that to constitute assault it is not necessary that there should be some actual hurt caused. A threat constitutes assault.[8]
The ingredients are set out below:[9]
Making of any gesture or preparation by a person in the presence of another.
Intention or knowledge of likelihood that such gesture or preparation will cause the person present to apprehend that the person making it is about to use criminal force on him.
You can aproach civil court for remedy accordingly or an even file a private complaint under section 350 IPC before criminal court on the basis of above noted points.
Thanks for the valuable advise. Further would like to know if on legal notice he allows to carry out the repair work this time but would it serve a permanent solution or still we have to file a suit. Because he might refuse to allow access in future too. Then what should we do.
You have to file a suit for permanent injunction giving all the reasons for seeking the said relief based on the version what has been stated by you in your question.
This is civil injury. Legal obligation of one party to a victim as a results of a civil wrong or injury. This action requires some form of remedy from a court system.
You may discuss with your advocate on the same lines and proceed legally agaisnt your neighbor.