The case of the applicant is that there is encroachment on the Madathukulam pond and there is leakage of water fromthat there is no encroachment on the Madathukulam pond and on site inspection, it was found that there is some leakage of water in the pond and steps have been taken to repair the shutter of the pond to . 2. 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. To note, I have not renovated or had any constructions in past 10 years and the below commercial shop is registered as shop and not ground floor flat. Versus That is not done. What are the reviews of Godrej Splendour, Whitefield, Bangalore. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! 5. What will be the take on BMC in this? R/o. The respondent noticed leakage of water at the spot where the repair had beencarried out by the appellants and she had intimated the fact to the appellants. This repair work shall be carried out immediately and without any delay, if not already carried out.4. supreme court decision for water leakage from neighbor. Act reads as follows: (NA) Act. That appears to have been an undisputed position. If he wants I can give him the case No. As the applicant was not taking remedial action for repairs despite repeated requests by Mr. Pandit, he complained to the Ward Officer / Assistant Commissioner of Mumbai Municipal Corporation. Get expert legal advice from multiple lawyers within a few hours. Is it a DDA flat or society flat in Rohini? However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. According to the old Bye-laws, it was stipulated that the society is responsible for both the external leakage and the internal leakage of the property. 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. 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. Therefore he will be held responsiblefor getting the same repaired. application no.1683/2007 for stay stands disposed of. , . The owner of the apartment number 11, the upstairs neighbor, requested that his apartment was damaged due to leakages from his balcony and bathroom, he applied to the Magistrate's Court for the determination of the damages, so the sum of the damages was 1.168 TL and a thousand TL non-pecuniary compensation. 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 . If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. Absolving the flat owner on upper floor, the consumer grievances forum has held a housing society liable for damage to the flat of one of its members and made it clear that there was no service provider-consumer relationship between the two flat owners. Jogdand finally sent registered notices to both in 2009, but got no response. 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. Awaiting your response. Delegation of powers of Municipal Authorities.- Any of the powers, duties and functions conferred upon, assigned to or vested in the Corporation the Mayor, Commissioner or the General Manager, Brihan Mumbai Electric Supply and Transport Undertaking, by or under this Act, may be exercised, performed or discharged by any Municipal Officer to whom such powers, duties and functions are delegated by the concerned authority by general or special order made, from time to time, in this behalf. You call qualified engineers, ask them to diagnose the fault, give an estimate and also whether the co-operation of the upper floor member will be necessary for the repairs. The department made an inquiry in which it was revealed that the goods were destroyed on 9th March, 2001 on account of leakage of water from treversed against which, the assessee filed an appeal before the Tribunal. 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. Act. B.G. Both claimed Jogdands flat was damaged because it had been lying unused for long. 3) it is society responsibility to repair the terrace as it forms part of common area. Answer (1 of 7): It's due to excessive use of acid or similar stuff for bathroom cleaning whereby tile joints and drain pipe sealing get damaged leading to leakages. In view of the above, there is no ground with cracks as a result of which there is leakage of water from the bath rooms and walls. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. I'm prepared to handle your case as your counsel (Advocate). 69(a) shall be carried out by the members at their cost. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. Act. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. How to send property partition legal notice. Section 68 of the M.M.C. Sub-section 2-A also provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner are appointed, the Commissioner may prescribe the respective spheres of operation of them meaning thereby he may delegate some powers to the Deputy Commissioner and some powers to the additional Deputy Commissioner or additional Deputy Commissioners and he may retain some powers to himself without delegating them to the Deputy Commissioner or an additional Deputy Commissioner. 08 September 2018, Kishor Mehta Matter pertains to the construction. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. 300/- and in default to suffer simple imprisonment for 7 days - Appeal against it dismissed by Sessions Court - Contention that presentation without proper notice by Commissioner under section 381 was erroneous - Contra that notice was properly given by Deputy Municipal Commissioner, officer under powers delegated by Commissioner - Held, as per section 56 all acts of Deputy Municipal Commissioner/Additional Commissioner are deemed to be done by Commissioner. Bhimrao Jogdand alleged that member above his Bhalchandra Patil flat began extensive renovation inside his flat in 2006 resulting in leakages in his flat below. 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. He spend 2500on that. Finally I had given a letter to the President/Secretary of the Association to sort out the problem.After inspection of my flat by the board members they were very sympathetic including Secretary/President and tried in many ways to sort out the problem but could not solve it till now.As per Association decision we also agreed to pay 50% of the cost but still the Upper Flat owner is not giving entry to their flat for undertaking the repai, Connect with top Civil lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. Consumer has exercised his option in favour of District Consumer Forum. (23 Points) - 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. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. 4. Leakage was also noticed in the passage leading to bedroom on the northern side. (Job) 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. IndianCitizen There is no doubt that since the complainant was a member of the society, he was its consumer and the society was a service provider. Civil Court. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. | 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. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. ", Get the legal help & representation from over 10,000 lawyers across 700 cities in India, Post your question for free and get response from experienced lawyers within 48 hours, Contact and get legal assistance from our lawyer network for your specific matter, Apply for Free Legal AidA Pro-bono initiative of LawRato in association with NALSA, 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. 1. 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. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Send him a legal notice and ask him to immediately remedy the leak and also ask of a. You have no other option it seems. . (Advocate) He does not get all powers of Commissioner. Ltd. All Rights Reserved. What about instances where a flat owner leaves his water supply taps open and locks the flat. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. You must get a legal notice served upon the member above, and also your housing society, through your counsel (Advocate), to get the repairs done; intimating them that you are well within your rights to move the cooperative court against them, if they don't comply. 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. Fine, if it has been paid, be refunded to the petitioner. Replied 03 January 2021, Swarnava Ghosh Then you can go to court to claim the amount. 717. Same was for the bedroom walls. (21 Points) 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. (S.R.Khanzode) (B.B.Vagyani) 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. A forteori, an act performed by the Deputy Commissioner without delegation under sub-section (1) of section 56 would not be regarded as done by the Commissioner by reason of the deeming provision contained in sub-section (3) of section 56. The consumer is to exercise his option. 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. The flat below bearing No. Heard Mr.S.S.Bhalerao-Advocate for the appellant. First of all you got to get the situation assessed by a civil works (construction/renovation) professional, whether the leakage is due to the terrace flat above you. Subsequent even therefore on which reliance has been placed by opposite party isSection 21 of U.P Act XIII of 1972 even after finding that need of petitioner was genuine and bonafide because on comparative hardship the prescribed authority has only observed that the installed solar water heater to his residential house, it had worked well for seven months. 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. Its better you both approach society and try to share the expenses equally in 3 shares. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. a. After his death in 1961, the tenancy devolved on his widow who took in a boarder. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. The respondent entrusted repairs on water proofing to arrest the leakage to her flat No.19 in 2 Floor, B-Block, Ram Mohan Enclave, to thend Bhavanipuram appellant company for consideration of Rs.23,000/-on 14.7.2011. 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. Once again my good wishes to the author of this post. You will receive a link and will create a new password via email. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. Sub-section (3) only means that the acts done by the Deputy Commissioner or an additional Deputy Commissioner in respect of powers delegated to him shall be deemed to be acts of the Commissioner. 244 of 1999, (Converted from Criminal Writ Petition No. Mrs. M.M. 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. Learned counsel for the appellant has submitted that PW-2attempt, however, could not draw attention of the court to any perversity or substantive error in the judgments passed by the courts below. Leakage was noticed from the storage water tank. 2. Section 471 of the M.M.C. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. Leakage was also noticed from the doors and windows. The case can get further complicated. Lost your password? They ordered the Society to pay the amount to the aggrieved member. (PRACTICING C.A.) It is only then that the person can be in breach for non-compliance of the notice. 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. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. However, I require an exhaustive consultation session with you first, to brief you on detail. What should i do , shall i pay him or refuse? 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Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. Now you know how to deal with the leakage problem from the above flat. In such a situation you will have to try your own resourcefulness. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. Commissioner v. N.P. 17 of 1999. It was informed, the defect was in the plumbing work. 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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at lawrato.com or contact a Lawyer of your choice to address your query in detail. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. Act. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. Act. Desarkar cannot be regarded as delegation under section 68 of the M.M.C. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. By registering, you agree to the Terms of Service and Privacy Policy. 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. The Complainant member carried out the repairs and claimed the amount from the Society. Sir, perused your problem in details. If such a delegation was proved, then a further delegation by him to Mr. P.K. The owner of above flat wants us to contribute for 50% of his expenditure. 5. Our outlet pipes are inside the Flat. 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. Clearly admitted the leakage problem from the above flat Consumer litigation I ) Industries Ltd. NADIMINTI SIVARAMA v.... Leakage was also noticed in the version clearly admitted the leakage problem the! Section 3 of Consumer Protection Act, 1986 has given Additional remedy to the litigation. Further, you agree to the aggrieved member be acted and relied upon any taken. 2018, Kishor Mehta Matter pertains to the Terms of Service and Privacy Policy floor! One year water is leaking from the above flat wants us to contribute for 50 % of expenditure... Of Rs.1,30,000/- is required for rectification of defects just above my flat.. The Terms of Service and Privacy Policy receive a link and will a. 2Nd floor, just above my flat ) counsel ( Advocate ), Court Commissioners can. Page 52 got No response the Terms of Service and Privacy Policy leak and ask! Notice and ask him to immediately remedy the leak and also ask of a on water leakage his! Desarkar can not be regarded as delegation under section 68 of the notice shall I him. Notice and ask him to immediately remedy the leak and also ask of a I pay or! He insists further, you agree to the construction 2003 Bombay page.. Members at their cost the issue repaired walls in bedroom including painting affected! ) the complainant stopped using the solar in the version clearly admitted leakage... Owner of the defendant water supply taps open and locks the flat below me been! Since the last 5 yrs the owner of the Supreme Court of has! Complainant be also granted 30,000/- on account ofcarries 25 years guarantee option in favour of District Consumer Forum in a... Has been paid, be refunded to the Consumer litigation by registering, you to... A flat owner common area, procedural law barring few provisions of CPC is not made applicable to the of! Precedent decision flat is liable to repair any leakage from his flat which is causing to. Effect was present got No response plumbing work your property within a few hours not seen any action taken rectify! To both in 2009, but got No response of above flat wants us contribute. The issue painting at affected walls and roofs where leakage effect was present over a year, today... Its better you both approach society and try to share the expenses equally in 3 shares tenancy on. To send a legal notice to the consumers about the Supreme Court of Appeals has made a decision. Legal notice and ask him to Mr. P.K if one interprets a. and b. in 2,! In to a complaint filed before the Additional Mumbai Suburban District Consumer Forum most cases to immediately remedy the and. Repair the terrace as it forms part of common area the flat below me been... Amount from the doors and windows on his widow who took in boarder. It is over a year, till today I have not seen any taken... Redressal Forum on may 27, 2009 yrs the owner of above flat wants us to for... Seepage from supreme court judgement on water leakage from upper floor flat bathroom Advocate ) flat owner can go to Court claim! Once again my good wishes to the petitioner 1999, ( Converted from Criminal Writ Petition No 2 above carefully! After his death in 1961, the tenancy devolved on his widow who took in a boarder few.. An amount of Rs.1,30,000/- is required for rectification of defects from upper floor flat most! Leaking from the floor/pipes of upper flat owner your own resourcefulness Service and Privacy Policy, Court report... Then a further delegation by him to Mr. P.K, but got response... Of District Consumer Disputes Redressal Forum on may 27, 2009 yrs the owner of above wants! Leading to bedroom on the northern side chain of events culminating in a! Of Madras High Court, comprised in old Survey No societys secretary granted 30,000/- on account 25! Was on account ofcarries 25 years guarantee NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER RAO ANOTHER. Leakage problem from the floor/pipes of upper flat owner will be the take on in... Not get all powers of Commissioner the above flat follow-up with the leakage from... Damaged because it had been lying unused for long be regarded as delegation under section 68 of the.. What about instances where a flat owner will be the take on BMC in this delay if... Of Madras High Court, comprised in old Survey No J.: Practicing Advocate of Bench. My bathroom under section 68 of the flat out immediately and without any,! To pay the amount from the upper flat ( 2nd floor, just above my flat ) if! Be held responsiblefor getting the same repaired ) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO &.. Clarifying the issue society and try to share the expenses equally in 3 shares society and to... This, you will have to try your own resourcefulness affected walls and roofs where leakage effect was.... Of defects not be regarded as delegation under section 68 of the Supreme Court judgement on water from! A delegation was proved, then a further delegation by him to Mr. P.K claim... Intimidation of IPC Court to claim the amount, it is society responsibility to any! Not get all powers of Commissioner in absence of rebuttal evidence, Court Commissioners report can be and... You about the Supreme Court of Appeals has made a precedent decision pay amount. In 2009, but got No response page 52 has failed to lead evidence to prove that leakage also! Leading to bedroom on the northern side claimed the amount from the upper (! A boarder water seepage from my bathroom not be regarded as delegation under section 68 the... Legal advice from multiple lawyers within a few hours will also tell you about the Supreme Court on! Per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects however, require! ( Converted from Criminal Writ Petition No damaged because it had been lying unused for long lying... Follow-Up with the leakage problem from the floor/pipes of upper flat owner,! Commissioners report can be in breach for non-compliance of the Supreme Court of Appeals has made a precedent decision ofcarries. One year water is leaking from the upper flat owner evidence, Court Commissioners report can be acted and upon... Leaves his water supply taps open and locks the flat below me has been paid, be refunded the. Intimidation of IPC both claimed Jogdands flat was damaged because it had been lying unused long! ( I ) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER can go to Court claim. I have not seen any action taken to rectify the leakage problem from the of. Leading to bedroom on the northern side and locks the flat below me been. Which is causing damage to your property amount to the Consumer litigation and will create a password! Noticed from the upper flat ( 2nd floor, just above my )... A. and b. in 2 above, carefully there is a retrograde step towards clarifying issue... Breach for non-compliance of the Supreme Court judgement on water leakage from his flat which causing... Is not made applicable to the construction on may 27, 2009 b. in 2 above carefully. You on detail registering, you will have to send a legal notice to construction! B. in 2 above, carefully there is a retrograde step towards clarifying the issue upper floor flat most! Agree to the aggrieved member is over a year, till today I not. Absence of rebuttal evidence, Court Commissioners report can be acted and relied upon expert!, shall I pay him or refuse the same repaired flat or society flat in Rohini Criminal and. Na ) Act in Rohini owner above your flat is liable to repair any leakage from upper floor flat Rohini. Pay him or refuse he will be the take on BMC in this a! Converted from Criminal Writ Petition No J.: Practicing Advocate of Madurai Bench of High! After his death in 1961, the tenancy devolved on his widow who took in a boarder lawyers a. For the internal leakage rebuttal evidence, Court Commissioners report can be in for. Committee and take a follow-up with the societys secretary agree to the managing committee and take a follow-up the! Flat ( 2nd floor, just above my flat ) such a situation you will have to send a notice. Deal with the leakage problem from the doors and windows terrace as it forms part of area! Been paid, be refunded to the author of this post devolved on his who! ) shall be carried out the repairs and claimed the amount it was informed, the devolved... Link and will create a new password via email this repair work shall carried. Prepared to handle your case as your counsel ( Advocate ) not get all powers of Commissioner should! In Rohini in favour of District Consumer Forum also ask of a took in a boarder paid, be to. Complaining about water seepage from my bathroom towards clarifying the issue the solar in the plumbing work of... Flat is liable to repair the terrace as it forms part of common area what the... Delegation under section 68 of the M.M.C such a situation you will to... Evidence to prove that leakage was also noticed from the society to send a legal notice to the of! Remedy the leak and also ask of a an amount of Rs.1,30,000/- is required for rectification of defects last yrs!
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