AN elderly man in Yantian District has appealed a district court ruling, demanding compensation from the owner of the apartment above him for leaking sewage and unbearable noise.
Guo, 76, accused the owner of the apartment above him, identified only as Wu, of renting the apartment to different people who had continually made loud noise and ignoring complaints of leaking sewage from the toilet and balcony and dirty water from an air conditioner since 2008, the Daily Sunshine reported Thursday.
Guo took Wu to Yantian District People s Court seeking 14,000 yuan (US$2,122) in compensation to cover the cost of medical treatment and the money he paid to repair the air-conditioner drain hose, claiming the noise and leaking sewage and dirty water had damaged his mental and physical health.
The Yantian court ordered Wu to apologize to Guo, but rejected the compensation claim because it said Guo had failed to prove a connection between his physical problems and the sewage leak.
Dissatisfied with the ruling, Guo appealed to Shenzhen Intermediate People s Court on Wednesday, insisting on pursuing his demand for compensation.
He said the legal action was not for money but for the right to quiet.
He told the intermediate court he just hoped his upstairs neighbor could rein in his tenants.
He said he would ask Wu to pay a token 140-yuan compensation. Although Wu had fixed the leaking problem, he rented the apartment to a couple with four children, who made more noise, Guo said.
In addition, he offered to pay for a carpet for Wu s apartment to reduce the noise.
Wu rejected the offer, saying Shenzhen s humid weather would make it hard to clean a carpet.
He also argued that it was the poor quality of Guo s apartment that led to mildew forming on the walls.
Guo kept his windows closed and had a pet, which were the reasons for his health problems, Wu said.
The intermediate court is yet to hand down a decision.
(Li Hao)
