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Property damaged during maintenance by AOA staff


08-Jun-2023 (In Landlord/Tenant Law)
While repairing water pipes in the common shaft, the maintenance team of the AOA did a shabby job and water gushed into my flat and damaged the wooden floor completely. Is the AOA required to repair/replace the wooden floor? They are claiming it as an accident and not intentional. Can I go to the consumer court? I pay a hefty sum as monthly maintenance charge. Any other court or forum that I should go to?
Answers (1)

Answer #1
657 votes
aoa = apartment owner association? yes yes anyone who is responsible for the inconvenience has to certainly repair. they are strictly liable for that. the plea of accident will not save them. you can certainly approach the consumer court if you indirectly or directly paid for the service and thereby come under the definition of consumer. if not then civil court for damages will be the appropriate forum.

thanks & regards,
Tanmoy Chattopadhyay,
M.Sc (Net), LL.B (Delhi),
Advocate,
High Court, Calcutta.
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