Lawfully Yours
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court
No RWA? Better do repairs at own cost
The flat owner above the one owned by us at T Nagar may have done some repair works in his bathroom, resulting in a perennial leak into our flat. He’s fully aware of it but citing COVID and financial constraints had asked for time to mend the same. However, after four months, he is refusing to take calls and is not even reading my WhatsApp messages. Kindly let me know what to do. The tenant is threatening to leave. Once he vacates, it will be difficult for us to find a new one with ugly (scary, to be precise) water patches right above our heads.
— V Lakshmi Narayanan, Kodambakkam
Similar complaints have come from most of the poorly constructed multi-unit flats. This is especially true in respect of toilets located in the flat above one’s flat.
The only way to get rid of the problem is to hire a good civil contractor and get it repaired at your cost. There is no other way of solving the problem unless your society has a Resident Welfare Association (RWA).
RDO can order removal of nuisance in neighbourhood
My parents and I are living in our own house for the past 25 years. The house next to us has remained closed since 2008. We are not sure whether the owner of the house has sold it to someone or is planning to, though we find real estate agents frequenting the place in recent months. However, no one is bothered to clear the bushes that have made the place a virtual ghost house and home to snakes, rats and other bandicoots. Also, mosquitoes are breeding in the stagnant waters on the premises. I would like to know if there is any way we can get relief from this house, lying closed for the past 12 years. -- Krishna Kumar, Ambattur
You can give a complaint to the local Revenue Divisional Officer (RDO) under Sec.133 of the Criminal Procedure Code which enables the said authority to remove the nuisance wherever it is found. On your complaint, he can direct the neighbouring house owner to set the house as well as the land adjacent to that in order. This is the easiest method of solving the issue.
Withdrawal of lawsuit should not be an issue
I had filed a case in the district consumer forum 10 years ago claiming compensation from an advocate, who I employed in a medical negligence case, for deficiency in service. Now, due to old age (71) and health complications, I am not in a position to pursue the case further. I would like to know under what section of the Consumer Protection Act 2019 can I withdraw the case and also whether there is any chance of the defendant exploiting the situation and claiming damages from me for dragging him into court for this long a period (though the case got prolonged for no reason of mine).
— Name withheld on request
Normally, the courts do not prevent the withdrawal of cases filed by the person concerned. Usually, the opposite side (in this case an advocate) will not object to the withdrawal as they normally think they are getting rid of one litigation. Very rarely courts order cost on such withdrawal. It will be done only when the other side opposes and points out to the hardships caused to them. Most withdrawals are ordered in a routine manner.
DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns