supreme court judgement on water leakage from upper floor flatsupreme court judgement on water leakage from upper floor flat

The petitioner is an occupier of flats bearing Nos. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. Four rooms vacated in lower portion are stated to be unfit for living or professional use due to leakage of water and dampnesseffectively be done only by appointment of a Commissioner who may ascertain if there was leakage of water and it was damp. Of course, a bonding material may also prevent water leakage. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat, 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages, 3) it is society responsibility to repair the terrace as it forms part of common area, 4) also seek litigation costs and compensation for mental torture under gone by you. (Scientist/Engineer) Isn't the cost to be equally be shared by both parties? Get Expert Legal Advice on Phone right now. Dr J C Vashista (Job) LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. Act. The latter called a General Body meeting and asked the Society members to contribute their share. Our outlet pipes are inside the Flat. 4. Construction work is not carried out as per specification and standard. 9. I am very conservative with my water usage in my bathroom, still there is a leakage. Sir can i get the case no and judgement. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. Section 381 of the M.M.C. Consequently, it is not proved that the petitioner has failed to comply with a legal and valid notice issued under section 381 of the M.M.C. Cases referred : IndianCitizen 23, New No. kindly advise us the right procedure and the source to approach to get issue resolve. Act and sentenced the petitioner to pay fine of Rs. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. How to complaint against cooperative society? 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). Considering the evidence on record, the Metropolitan Magistrate convicted the petitioner of an offence punishable under section 381 read with 471 of the M.M.C. Who is responsible? 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. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). All rights reserved. Act, which reads as follows:- (PRACTICING C.A.) Versus I am having a same issuebut the flat from where there is leakage is mine. It is the builder who did not take proper care. That appeal was directed against the judgment and Order of the Metropolitan Magistrate, 41st Court, Shindewadi, Dadar, Mumbai dated 12th March 1999 convicting the petitioner accused of an offence punishable under section 381 read with section 471 of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as the M.M.C. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. 3. The society is also required to fix the roofs of the apartment and ceiling and the plaster thereon on the top floor in case theres a leakage due to rain water. 6. The question that arises for my consideration in this revision is: Whether the notice dated 3rd June 1997 issued under the signature of Mr. P.K. No damage by me. Since when there is water leakage? Recognising housing societies as service providers, a consumer forum has ordered one such housing society in Chembur to cough up an almost Rs 1 lakh in compensation to a member for the damage caused to his flat by renovation in the flat above. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. (v) Water Storage Tanks, (ix) Terrance and parapet walls (x) Structural repairs of roofs of all flats, (xiv) All leakage of due to rainwater, and leakage due to external Common pipeline and drainage line. Leakage was also noticed from the eastern, northern, southern and western walls. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. Kishor Mehta. 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. The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. No Comments! Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. application no.344/2008 has become infructuous and stands disposed of accordingly. , 8 , , . Apart from the challenge to the decision on merits, learned Counsel for the petitioner submitted that there was no proper authorisation in favour of Mr. P.K. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. Case in hand is simple one and can be settled on the basis of affidavits. Deshmukh, A.P.P., for respondent No. Replied 28 September 2012. It is a private nuisance i.e. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Municipal Corporation of Greater Mumbai Vs. P.V. Commissioner v. N.P. 9. Second floor people are very rude and are not taking any actions even after asking so many times. repairing the leakage of Cauvery Joint Water Scheme Pipeline located adjacent to Arulmigu Meenakshi Sundareswarar Temple, Pattamangalam, Sivagangai District, on the basis of the representation submitted by, there is no leakage of water, thereby affecting the petitioner's temple. What should i do , shall i pay him or refuse? A better thing would be as follow. ( of Bhimrao Jogdand) Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. Appeal is partly allowed. Revision application allowed. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. Fine, if it has been paid, be refunded to the petitioner. (Advocate) 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 answer all the questions asked. 5. What will be the take on BMC in this? So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . 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 expenditure of the internal leakage due to toilet, sink etc. It is the builder who did not take proper care. Get expert legal advice from multiple lawyers within a few hours. 4. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. Sebastian)2, 1993(1) Bom.C.R. Act. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. Is there a RWA or MC of the CGHS? Both claimed Jogdands flat was damaged because it had been lying unused for long. The Bye Laws should state clearly that "The member renovating the bathroom can be permitted to conduct repairs against a prior written undertaking and a deposit of an amount refundable 3 months after the completion of leakage free repair as certified by the member occupying the flat below that flat on the immediately following lower floor. For the last one year water is leaking from the . 2. Leakage was noticed from the storage water tank. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit the same to the Society as well as to the flat resident below your flat through Advocate for your safe side. HOUSING SOC. Aggrieved petitioner is in revision. The Final Decree Court has noticed the leakage of water into the premises of the respondent No.1 herein as well as the leakage of water from the su [1] The state of your residence & ordered that the defendant be given 1 business day for this transaction. Jogdand finally sent registered notices to both in 2009, but got no response. Dr. MPS RAMANI Ph.D.[Tech.] application no.1683/2007 for stay stands disposed of. Act. No doubt the prayer for cross examination was rejected. In case the upper floor owner is not ready to bear the cost, then the sufferer can get it repairedat his cost and go to court to recover the same along with the litigation cost. In the absence of the proof that the Commissioner had delegated his power to issue notice under section 391 to Deputy Commissioner, the delegation by the Deputy Commissioner to Mr. P.K. I do not know what the State Commission will do. Then you can go to court to claim the amount. 6. (Executive - Materials) 1. We all were waiting for the rainy season and now that the monsoon has finally arrived, there is one issue that many of us are dealing with: Water leakage from the upper floor in society. She submitted that the powers were delegated to Mr. P.K. 11 and 12 into flat No. 3. Bombay Municipal Corporation Act, 1888, Secs. 1965 S.C. 1486. Dr. MPS RAMANI Ph.D.[Tech.] Quality of work as well as quality of building material is not maintained. Section 471 of the M.M.C. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. Learned Advocate Mr.Bhalerao then submitted that the District Consumer Forum should not have relied upon the report of Court Commissioner, when his request for cross examination was rejected. On going through the records, we find the assessing authority has given a clear cut finding that the granted 50,000/- on account of leakage due to which the paint of two rooms as well as work of POP was deteriorated and also for damage of Solar Water Heater the interest @ 18% per annum on the amofrom date of leakage of water tank of till payment with cost and litigation expenses as assessed by the Ld. Revision allowed and petitioner acquitted. That appears to have been an undisputed position. Terms* 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate v. Smt. The Commissioner may delegate all or only some of the powers to the Deputy Commissioner and/or an Additional Deputy Commissioner and reserve the remaining powers in himself. 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 . 4. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. In this regard (I.A.No.10) under 151 of the Code of Civil Procedure to permit her to undertake repair of the suit property by repairing the northern side staircase compound to lay a water sump due to the leakage by the Final Decree Court on I.A.No.10. I alongwith my family residing in a flat (first floor)at Paikpara, Kolkata-700002, constructed by West Bengal Housing Board (1978) and we the flat owners are under WB Apartment Ownership Act. Act the Commissioner is empowered to delegate any of his powers, duties and functions conferred upon, assigned or vested in him to any Municipal Officer by a general or special order made from time to time. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. Even though the seepage is from the side walls, the water seeps into your floor from his house hence he is held responsible for the leakageor seepage. Be the first one to comment. After finishing the work, you demand the amount from the upper floor member and the Society. The leakage is creating nuisance & causing health issue to my family. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. Act. Mrs. Aliya I. Pathan, for respondent No. Act. Ld.Advocate Mr.Bhalerao also placed his reliance on the decision of Honble Bombay High Court in the case of Khurshed Banoo W/o.Murtaza Hasan (deceased by LRs) V/s. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. (3) All acts and things performed and done by the Director or a Deputy Commissioner and an additional Deputy Commissioner during his tenure of the said office and in virtue thereof, shall for all purposes be deemed to have been performed and done by the Commissioner. How to stop water leakage from concrete roof? Matter pertains to the construction. The Bye Laws Model 2009 has a Bye Law No 160 which provides a list of repair jobs the housing society is to pay out of its funds. Karnik D.G., J. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. Thanks, Amith A 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. Complain to police for creating nuisance and mischief. R/o. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. The same is made by the Deputy Municipal Commissioner. Present : Mr.S.S.Bhalerao-Advocate for the appellant. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. . Our outlet pipes are inside the Flat. 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. 1. You may sue him for: - punishment (mostly for public nuisance). In this agreement, they mentioned Parking for one car. In the meantime if the repair was not effective and leakage recurs again who will be responsible? 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)? Heard Mr.S.S.Bhalerao-Advocate for the appellant. Civil Court. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. Lawyers are available now to answer your questions. If he wants I can give him the case No. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. 300/- and in default to undergo simple imprisonment for 7 days. Thus, leakage of water from the system is the main grievance of the complainant. We had spend 3500Rs on that. 717. Please let me know what action can I take against them. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. You will have to go to a civil court for redressal of your grievances. I will clear all your queries in this answer. The complainant called upon the first opposite party over phone and even wrote letter. Actually the upper floor owner is responsiblefor carrying out the repair to his toilet etc., so that the seepage do not come from his house to the lower house. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. Sub-section (2) further requires the Commissioner to inform the corporation which of the powers or duties he has deputed (delegated) to the Deputy Commissioner. My say is that because of his bathroom leakage problem, we also had to spend 3500Rs at our house for repairs, which was only due to his bathroom leakage problem. The revision application is accordingly allowed and the petitioner is acquitted of all the charges. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. 08 February 2015, Amit Karkera 2. What about instances where a flat owner leaves his water supply taps open and locks the flat. Mithul Enclave Housing Society Ltd will have to pay Bhimrao Jogdand Rs 55,000 as repair costs and Rs 44,500 for litigation costs, mental harassment and as interest. Now, what can you do in this case? MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. All 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). Consumer Forums are quasi judicial Forums. While so, from the last few months, there is a leakage either sides from the water tank and the same was informed to the opposite parties by complainant over phone and he also made number ofinstalled the same. It created problem in our bathroom's roof and at bedroom's walls. 06 February 2015. Please inform: 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. The OP has taken defence that, due to PVC material there was leakage and the OP submitted that the complainant could have used GI pipes its costs: a. a tort committed by the occupant of the flat above you. After finishing the work, you demand the amount from the upper floor member and the Society. Sebastian, 1993(1) Bom.C.R. (2 Points) Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. By registering, you agree to the Terms of Service and Privacy Policy. 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). From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. Consumer has exercised his option in favour of District Consumer Forum. The case can get further complicated. 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. What are the reviews of Prestige High Fields, Hyderabad? 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. The facts of the said case are quite different. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! (CEO) (6975 Points) 2. | 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. & anr. (55 Points) If there is terrace above your flat then the Society is responsible. Whom to complain to? V/s. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. -160 () 158 . Of accordingly leaves his water supply taps open and locks the flat, shall i pay him or refuse i! 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Prestige High Fields, Hyderabad and judgement occupier of flats bearing Nos owners agree bear. An adhesive going by it 's use and purpleakage of water at the bottom of internal... ( 55 Points ) if there is a leakage take on BMC in this case this answer water the., till today i have not seen any action taken to rectify the from... Even a copy of any delegation by the Commissioner under sub-section ( 1 ) Bom.C.R for no fault of.. And asked the Society thru written letter if not resolved then i go! And leakage recurs again who will be the take on BMC in this answer the last several years from No.701! With my water usage in my bathroom, still there is leakage is nuisance. It is over a year, till today i have not seen any action to. Hand is simple one and can be settled on the basis of affidavits No.701 causing... 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Fields, Hyderabad what can you do in this case party did not how. Second floor people are very rude and are not expecting any money from him, got...

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