Legal Question in Civil Litigation in India

Hello Sir / Madam,

My query is that we have owned recently a flat at Ground floor at Kurla East under Mhada Redevelopment. We have only one flat at Ground floor behind the lift and the entrance is in L - shape. The builder has constructed one dump room where the telephone deck wires and other stuff is dumped and have locked the door.

The dump room is under the custody of society and builder. Our problem is that since it is ground floor the responsibility of cleanliness and the hygiene nobody takes neither the builder nor the society members and we are staying so near to dump room we have to take it.

Further we have requested to builder and society that to close the door of dump room existing just opposite to our main entrance door and open a new door to facilitate their operations since the existing door is putting hurdles on our privacy, we cannot the open our main door even to go out since lot of mosquitoes are prevailing in the dump room, inside the dump room the shutter of the window is always kept open and the labourers of first floor are spitting from their and it is falling on the floor of the dump room, the renovation is work is going on first floor.

We have applied the same request to society and builder officially and taken the acknowledgement on the application copy. But now whenever we call to builder and society they are not responding us in a cooperative way. Our problem they do not understand. We have paid a huge amount and we have no right to go out if any work is going on outside in the dump rooms as we feel very dirty to out when the door of dump room is kept open.

Our request is to close the existing door of dump room and to open a new door from some other side as the builder has builted the dump room door just less than even two feets from our entrance door. I request hereby can we pressurize them legally to close permanently the prevailing the dump room door since the distance / space is very less between our entrance door of flat and dump room. Do we have any legal option Sir, on our genuine issue.

Please help on priority with your valuable advice. My email id is [email protected] or else where I can get my answer.

Thanks & Regards,

Mitali.

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