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Seeking legal Advice

Tirlochan Singh - Member Since: Oct 2009
Subject - Seeking legal Advice
Hi All

I have been residing in the Third Floor apartment of West Delhi. Ground Floor Apartment is empty and the Landlord of this property come once in three to four months to clean the premises. This has been going on since 2005 when he purchased this property. His whole apartment is infected with Termite and due to this the Termite problem has gone to the First, Second and Third Floors of the building. Each Floor is doing treatment of Pest Control every year to keep there apartments clean. This is a continuous problem. Landlord of the ground floor doesn't bother to take any action concerning Termite and this has become a nuisance for everybody in the building. Unless he eradicate this problem at the Ground Floor there is no chance that things will improve on upper floors. In other words the apartment on the Ground Floor has become a health hazard for others in the building. Where there is Termite there is also chance of Mosquitoes due to dampness. This is just a waste of money for others when one person in the building is not doing his job properly.

I wish to take opinion and legal advice concerning above matter. Can we force him to do the Pest Control on the Ground Floor legally or Is there a concerned department within MCD who deal with this type of inquiry and take action on Landlords who fail to keep there house clean.

Thanking You

Tirlochan Singh
csarr - Member Since: Nov 2009
Subject - Re: Seeking legal Advice
The best way is to issue a legal notice to him for doing pest control activity in his ground floor. In case if he fails to respond legal notice and approach civil court to give direction to him as well as ask for damages. The civil court is time consuming. This is basically coming under civil wrong means tort cases. In india, the tort cases are very few. There is no awareness among people. Still you can approach for issuing legal notice.
arameshraju - Member Since: Dec 2008
Subject - Re: Seeking legal Advice
If you have any owner welfare associates. Such Association has a right put a penalty and service notice. If the owner of ground floor is not responding to the notice. Associates can serve legal notice to the owner.

If Associates it self is not responding to can service legal notice to associates and owner.

I thing if you proceed through association or a group of people. It will be advantage for you financially and legally.


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