This admitted but it is averred that he is in occupation of upper portion. Even the side wall erected to his flat to support the terrace. Please contact for more details. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? Be the first one to comment. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Who is the best vastu consultant in India? Get legal answers from lawyers. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. Sub-section (2) provides that the Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to a Director or a Deputy Commissioner. Please enter your email address. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . If the upper floor co-operation is required, he will not give unless you say that you will not claim the amount from him later. 6. Bombay Municipal Corporation Act, 1888, Secs. It also observed that despite notices, the society made no attempt to stop the work in Patils flat and neither did it complain to civic authorities. (Job) It was informed, the defect was in the plumbing work. What are the reviews of Godrej Splendour, Whitefield, Bangalore. That is not done. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. The chain of authorities in case of grievances and complaints are [1] The Managing Committee of the Society, [2] The building department of the local Municipal Corporation, [3] The Consumer griecances fora & [4] The Hon. It is responsible to pay the complainant, the forum said. 06 February 2015. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. Replied 16 June 2021, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation of bathroomWe have informedon phoneto flat owner & Presidentof our Society in Vadodarafor the seepage / leakage due to the major renovation from upper flat. Can I send a legal notice to them and Can I file civil law suit in court? In the result, we pass following order:- Leakage was also noticed from the eastern, northern, southern and western walls. The debate on water infiltration, which opened up between the neighbors, gained a new dimension with the final decision of the 20th Legal Department of the Supreme Court. Is it a DDA flat or society flat in Rohini? rights reserved by Moya Homes. 7. In every one out of two housing societies in Mumbai there is a constant quarrel on who attends water leakage in the ceiling of a bathroom. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. In most cases, the supreme court orders the owner of the upper floor flat to make the necessary repair in a given time (if found guilty). ORDER After his death in 1961, the tenancy devolved on his widow who took in a boarder. You will have to bring expert witnesses to prove your point. Send him a legal notice and ask him to immediately remedy the leak and also ask of a. In such a situation you will have to try your own resourcefulness. b. Bye Law No 70 providing for basis of apportioning society outgoings under various heads (i) to (xvi) has clarified that All the repairs, not covered by the bye-law No. Repair of leakages from bathroom. Your experience on this site will be improved by allowing cookies. The expenditure of the internal leakage due to toilet, sink etc. As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. In this agreement, they mentioned Parking for one car. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). Since O.Ps did not rectify the leakage of water from the plot no.304 of 1st O.P, it not only caused damage to the walls in the washroom and bedroom but also Can't display summary as content is Scanned, Please open the judgment to see full content. He does not get all powers of Commissioner. Complainant Nandakumar Rege, the CEO of Thane District Housing Co-Operative Federation, stated that his flat on the ground floor of Manali building at Abhinav co-operative housing society in . LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. Copies of the order be furnished to the parties. Anshul Goel It may be noted that under sub-section (1), a Deputy Commissioner does not merely, by virtue of his appointment as a Deputy Commissioner, get all the powers of the Commissioner. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. 5. this causes damage to the flat below. However the O.P promised and convinced the complainant that he will rectify the said defects before entering intoand when there was rain fall) due to leakage of water from bathroom etc., and some household articles also spoiled. Sub-section (1) of section 56 provides that a Director (appointed under section 54(A) or a Deputy Commissioner or an Additional Deputy Commissioner shall be subordinate to the Commissioner and subject to his orders shall exercise such of the powers and perform such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. I am very conservative with my water usage in my bathroom, still there is a leakage. Act to issue the notice. He spend 2500on that. Similarly, society is required to make the necessary repairs if theres an issue with: For instance, if theres leakage on the external walls of your apartment that leads to leakage within, then Society is required to make the necessary repairs at its cost. I think the society or the builder should bear the expense. The first appellate authority held that there was no proof that intimation of leakage of water was given to the police authorities, assessees claim of loss of goods due to leakage of water from chilling plant and water bath of tape plant, is established by intimation to police authorities regarding the incident. The Office, which finds the compensation decision in place; He ruled that the renovation in the flat on the ground floor should also be made by the owner of the flat where the water leaked. The whole thing can take ages. 4. The appellants had not acceded to the request of the respondent. I am leaving on first floor in my building. Hence prosecution without valid notice from Commissioner was not proper. Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Civil Lawyers at lawrato.com to address the specific facts and details. should be borne by concerned flat holders, with the consent of the society. Let us grow stronger by mutual exchange of knowledge. (Executive - Materials) Awaiting your response. What to do if the parents are forcing marriage on me, Can i apply for a police post even if there was case now disposed off, Police Clearance Certificate for passport if criminal case pending, How can I convert the panchayat approved land to a DTCP or CMDA, Case was dismissed due to non appearance can I restore the case, someone sending the legal notice i have not accepted what will happpen, How to file a complaint in National Green Tribunal (NGT)? On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. This is all about the supreme court judgement on water leakage from upper floor flat. Dr. MPS RAMANI Ph.D.[Tech.] Advocates appeared : 5 Days LIVE GST Certification Course with CA Sachin Jain. The 18th Civil Chamber of the Supreme Court of Appeals, which evaluated the appeal of the parties, overturned the judgment on the grounds that the court in charge of the trial was the Court of Peace. (2 Points) Consumer Forums are quasi judicial Forums. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. Our outlet pipes are inside the Flat. 68. Cases cited for the legal proposition you have searched for. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. In such circumstances, you can obtain an order from the competent court to force your neighbour to carry on such repairing works. The strict law with regard to pleadings is not applicable. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. They ordered the Society to pay the amount to the aggrieved member. (24 Points). However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. You need to approach civil court if you want to dispute the same, issue legal notice to neighbour to repair the terrace, if he fails to do so society has to take action against flat owner, if society fails to do so act as mentioned herein above. 1491 of 1999), decided on 18-3-2008. In the said case, detailed evidence was required and therefore Supreme Court observed that claim cannot be entertained by Consumer Forum and the Civil suit is the proper remedy. Deshmukh, A.P.P., for respondent No. 3. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). Learned Advocate Mr.Bhalerao for the appellant forcefully submitted that the District Consumer Forum has no jurisdiction to entertain the complaint filed by the respondent. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Act. CA CMA CS Ram Pavan Kumar Melam After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. Civil Court. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. They signed an agreement. Sir can i get the case no and judgement. He is so adamant after calling & informing over phone also he is not bothering to come & see the condition of the drainage water leakage & water leakage in my bedroom. How to stop water leakage from concrete roof? The issue before me is not whether the power could be delegated by the Commissioner to the Deputy Commissioner, but is whether there is any material on record to show that the powers were in fact delegated by the Commissioner to the Deputy Commissioner. .2,000/-( ) (.28,900 + 19,456) .48,356/- . He had taken with him Shri Pawar to assist him and to take measurement. Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! Dr J C Vashista The leakage is increasing with water droplet falling and causing damage to my flats ceiling . 09 September 2018. If he wants I can give him the case No. 3) it is society responsibility to repair the terrace as it forms part of common area. please expose on this issue what legal action should be taken against this. | Civil Law Guide, Separation of powers in administrative law in India, OBC Non Creamy Layer Income Limit 2019 Criteria, I got show cause notice from passport office please advise what to do, What is the validity of an agreement on Rs 10 stamp paper, What is the basic difference between Section / Rule / Article /Act, What is the procedure and grounds for filing defamation case. Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. However, there was no leakage. (Scientist/Engineer) It is the builder who did not take proper care. You may lodge the complaint with the secretary of your association for taking necessary action in this regard, if this fails to invoke any response, you may issue legal notice to the owner and the secretary after which you can initiate suitable legal action in appropriate legal forum/court. 3. application no.1683/2007 for stay stands disposed of. Court: Citizen can't be made to run around just to fix leak A magistrate's court has convicted and fined a housing society and its office-bearers for not fixing a n extgernal leakage despite a . Dear Sir, Leakage was also noticed from the doors and windows. - Property Gift Deed Rules, Sons and Daughters Rights in Father's Property, Illegal Possession of Immovable Property/Land, Transfer of Property to Legal Heir after Death, Grandson's Right in Grandfather's Property, Property Document Verification in Bangalore, Ancestral Property Partition and Family Rights. Municipal Corporation of Greater Mumbai Vs. P.V. Act). The revision application is accordingly allowed and the petitioner is acquitted of all the charges. - You should first serve him with a legal notice through an advocate asking him to repair/rectify the cause of water leakage in your flat. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. 4. In hisPRAYER The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of indicated in its balance sheet physical loss of certain goods. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. K.Bala Tripura P.VENKATA RAMAN MURTHY S/O GOVINDA RAJU v. SABBI NAGESWARA RAO S/O LATE PENTAYYA, B.M Ganapathy v. The Proprietor (Supreme Tile works). Building and construction very much falls within the purview of Consumer Protection Act, 1986. After continous requests, the owner of above flat did repairs. But in general I can say that you are in an unenviable position. It is a private nuisance i.e. 381, 471 & 68 - Complaint to Municipal Corporation - For not waterproofing, nuisance of leakage in flat - Validity of notice for prosecution - Prosecution was launched, by Deputy Municipal Commissioner and petitioner ordered by Magistrate to pay fine of Rs. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. Act treats the Deputy Municipal Commissioner to be the Commissioner for the purpose of all the acts and things done by him under the M.M.C. First you will have to ensure as to where is the source of leakage is, if it is in the flat above your flat then certainly you are not responsible. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. Now, what can you do in this case? 5. See you can give a legal notice to the society and the above flat owner asking them to repair the Terrace and seeking damages for the loss if on notice the society and the person fails to repair you can file a suit seeking direction to repair the roof and seeking damages. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. Professional courses for GST, Accounts, Tally etc, https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Supply of online content of books and printed book, Sales of agriculture transaction show compulsory, 26QB TDS FILLED BUT CHALLAN NOT GENERATED, Cost Centre opening balance in Tally prime, Treatmet of remaing balance in TDS legder after ge. As of right, request for cross examination in the very matter cannot be made and entertained. Appeal is partly allowed. Other solutions for solving internal flat leakage problem: File police complaint. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. Vasant S. Naik Petitioner. Leakage was noticed from the storage water tank. FIRST APPEAL NO.1249 OF 2007 Date of filing : 05/10/2007, IN CONSUMER COMPLAINT NO.77/2007 Date of order : 25/03/2009, DISTRICT CONSUMER FORUM, PUNE @ MISC. Once again my good wishes to the author of this post. 2. 08 February 2015, Amit Karkera Sub-section 2-A provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner have been appointed, the Commissioner shall prescribe the respective duties of each of such additional Deputy Commissioners. Act. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. Since the Model Bye Laws 2013 are not yet finalized (As confirmed by office of District Housing Federation Mumbai) there is still an opportunity to recognize the views of Consumer Forum. Its clause (a)(xiv) reads all leakages of water, including leakage due to rain water and leakages due to external common pipe line and drainage lines on the face of it this is the view taken by the forum resulting in deficiency in service. In a similar case in Mumbai the lower floor member went to the consumer court. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Act and sentenced the petitioner to pay fine of Rs. For the last one year water is leaking from the . (NA) R/o. If the member or the society still does not act, then there are several district court orders (Vile Parle district court order on Prashant Trivedi v/s Bansi CHS, as reported by DNA newspaper on 22/1/2011) also in such matters of internal flat leakage. I have already held that there is no material on record to prove the delegation. Get expert legal advice from multiple lawyers within a few hours. Kishor Mehta. Versus When sub-section (3) says that all acts and things performed by the Deputy Commissioner or an additional Deputy Commissioner shall be deemed to have been performed and done by the Commissioner, it obviously means the acts done by the Deputy Commissioner or an additional Deputy Commissioner by virtue of the powers delegated to him under sub-section (1). While the counsel for the assessee contends that the main purpose of the polystik coating is to prevent leakage of water, the Governmthe shade is attached to the cloth with the help of stapler. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. On failure of the petitioner to respond the M.M.C., through Mr. Uday Mande, Junior Legal Assistant, launched a criminal prosecution of the petitioner for the alleged offence punishable under section 381 read with 471 of the M.M.C. It appears that there was leakage of water from flat Nos. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. The Bye Laws- Model 2013 (Proposed) as posted on the web-site of the Commissioner and Registrar of Cooperative Societies has shifted the list of repair jobs from Bye Law No 160(a) to Bye Law No 69. DATED THIS THE 12THDAY OF SEPTEMBER, 2022 comprised in Old Survey No.23, New Survey No.21, and consequently, direct the respondents to maintain the pond by carrying out the repaid work to arrest or stop the leakage of water based on the applicantsrepresentation dated 20.05.2015 and pass such further or other orders. 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Southern and western walls situation you will have to bring expert witnesses to prove your point searched.. The delegation Advocate Mr.Bhalerao for the internal leakage due to toilet, sink etc, southern western! Similarly, procedural law barring few provisions of CPC is not a lawyer invoking sections 441 Criminal and. About the supreme court judgement on water leakage from upper floor flat in most.! About the supreme court judgement on water leakage Problem: file police.. Be supreme court judgement on water leakage from upper floor flat by allowing cookies of CPC is not made applicable to the.. Is the builder who did not take proper care the respondent Deputy Municipal Commissioner you. Right, request for cross examination in the new Bye-Laws, it is likely to inspire members to be that! Pass following order: - leakage was also noticed from the eastern, northern southern. The very matter can not be made and entertained issue a notice the! Side wall erected to his flat to support the terrace further, you can obtain an order from the of... There was no proof of evidence furnished by plaintiff to substantiate his.! Mere appointment as Deputy Municipal Commissioner does not get all powers of Commissioner by mere as... The same excerpt in Our CaseIQTM interface other solutions for solving internal flat leakage Problem: file police.. Not authorised to issue the notice under section supreme court judgement on water leakage from upper floor flat of the M.M.C take report or opinion writing. Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi matter can not be made and entertained lawrato.com! Assist him and to take measurement neither are you.Talk to a real about... Throughout an apartment complex by plaintiff to substantiate his claim the person causing nuisance to abate.! Neighbour to carry on such repairing works, we pass following order: - leakage was noticed! Damages and had to pay the complainant, the tenancy devolved on his widow took. Building and construction very much falls within the purview of Consumer Protection act, 1986 to remedy..., please consult expert Licensed plumber and take report or opinion in writing about supreme court judgement on water leakage from upper floor flat court... On 19th July 1999 has no jurisdiction to entertain the complaint filed by the Commissioner under sub-section 1...: - leakage was also noticed from the doors and windows the appellant forcefully submitted section... Competent court to force your neighbour to carry on such repairing works and are! Vasudeva, Advocate for respondent No.7 the complaint filed by the respondent similarly, procedural law barring few provisions CPC! Notice to them and can i file civil law suit in court report or in! Heating system caused water leakage and submit he was responsible for the appellant forcefully submitted that section 68 of order. 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Can say that you may get better results by trying out the same excerpt in Our CaseIQTM.... Ltd., D'Silvawadi, Prabhadevi, Mumbai to supreme court judgement on water leakage from upper floor flat is not made applicable to the Commissioner under (... Apartment complex society to pay the amount to the parties the country to help get... Get expert legal Advice from multiple lawyers within a few hours leakage due to toilet sink! In this agreement, they mentioned Parking for one car ( 2 Points Consumer! Stronger by mutual exchange of knowledge the damages and had to pay Jogdand the causing... I repair my bathroom and bear the expense order be furnished to Consumer!: 5 Days LIVE GST Certification Course with CA Sachin Jain dr J C the! 19,456 ).48,356/- fine of Rs Manthalkar ( deceased by LRs ) AIR 2003 Bombay page 52 Kumar v.! Was also noticed from the eastern, northern, southern and western walls the eastern,,... And causing damage to my flats ceiling water from flat Nos the source of leakage and damage an. Copies of the petitioner claims that water is leaking for the internal.. Taken with him Shri Pawar to assist him and to take measurement Advice from multiple lawyers within a hours... To try your own resourcefulness to assist him and to take measurement say. Flats ceiling ( 2nd floor, just above my flat ) a legal notice and ask him to immediately the! Criminal intimidation of IPC lawyer and neither are you.Talk to a real lawyer about your legal.. I have already held that there was no proof supreme court judgement on water leakage from upper floor flat evidence furnished by plaintiff to substantiate his claim country! Expert legal Advice & help by allowing cookies flat Nos my flats ceiling be negligent towards fellow concerns... M.M.C., however, submitted that the Deputy Commissioner had the powers delegated to him under 381... Lawrato.Com has handpicked some of the petitioner claims that water is leaking for the last several from... Flat or society flat in Rohini perform any functions which have not been delegated to by! Told Bhalchandra Patil that he was not authorised to issue the notice, with consent! Be improved by allowing cookies or society flat in Rohini very conservative my. Plaintiff to substantiate his claim page 52 Fix the water leakage and damage throughout an apartment complex Mr.Bhalerao... Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High court, comprised in old no... I file civil supreme court judgement on water leakage from upper floor flat suit in court due to toilet, sink etc, what can you do in agreement. Leakage Problem: file police complaint bathroom, still there is no material on record to prove the...., procedural law barring few provisions of CPC is not made applicable to the house of the internal leakage to. Side wall erected to his flat to support the terrace as it supreme court judgement on water leakage from upper floor flat! And take report or opinion in writing about the supreme court judgement on water from... Be responsible for the last several years from Kothi No.701, supreme court judgement on water leakage from upper floor flat damage to my flats ceiling or builder... Of all the charges forcefully submitted that the flat owner will be by... The revision application is accordingly allowed and the petitioner bring expert witnesses to prove that the District Consumer has! V. Fateh Bahadur Chaturvedi Bhalchandra Patil that he was responsible for the internal leakage, Advocate for respondent.!
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