Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. After that we did repair in our bathroom at its roof. ( of Bhimrao Jogdand) Now you know how to deal with the leakage problem from the above flat. Matter pertains to the construction. District Consumer Forum has awarded compensation of Rs.20,000/- for physical and mental harassment and thus awarded Rs.1,50,000/- to the complainant with interest @ 12% p.a. Item O in A-Z list of repair jobs also practically identical viz : Leakages of water including leakages due to rain water and leakages due to external common pipe line and drainage line He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. It appears that there was leakage of water from flat Nos. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. (2-A) Provided further that when an additional Deputy Commissioner or more than one additional Deputy Commissioner have been appointed, the Commissioner shall prescribe the respective spheres of duties of each of such additional Deputy Commissioners and in so doing may allot to the Deputy Commissioner or the additional Deputy Commissioner designated by him responsibility, subject to the control of the Commissioner for the Municipal Government of the suburbs in so far as such responsibility is consistent with the powers and duties deputed to him under sub-section (1). 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. The latter called a General Body meeting and asked the Society members to contribute their share. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? Vasant S. Naik Petitioner. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. 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. Per Justice Mr.B.B.Vagyani, Honble President. 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. 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. 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. 2023 LAWyersclubindia.com. A better thing would be as follow. 9. 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. 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). Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi Replied 28 September 2012. 5. Send a legal notice, review a legal document, etc. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. Get legal answers from lawyers in 1 hour. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. 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. 7. 2013-2023 Kaanoon Corporation. Quality of work as well as quality of building material is not maintained. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. Ltd. All Rights Reserved. In such circumstances, you can obtain an order from the competent court to force your neighbour to carry on such repairing works. this causes damage to the flat below. He spend 2500on that. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. 2. In the circumstances, that decision is also of no assistance to the respondent. Act authorises the Commissioner to delegate any of his powers, duties and functions to any Municipal Officer by a general or special order made from time to time. The forum held the society guilty of deficiency in service because neither did it take any action against the flat owner who caused the damage nor did it make any attempt to recover costs from him. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Act. The facts of the said case are quite different. The Chamber decided to unanimously uphold the court decision. 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. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. Karnik D.G., J. Desarkar cannot be regarded as delegation under section 68 of the M.M.C. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. Concerned flat holders is a unclear term and a source of dispute. Supreme Court; He ruled that the person who did not repair the downstairs flat as a result of water leakage had to pay compensation to his neighbor and was responsible for making the necessary repairs. 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. Civil Court. 1. You will find the answer to all your question in model bye-laws (section 160). 10. If the upper floor co-operation is required . CA CMA CS Ram Pavan Kumar Melam This section says that society is required to fix all types of leakage of water at its cost. (2 Points) 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. You will have to go to a civil court for redressal of your grievances. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. kindly advise us the right procedure and the source to approach to get issue resolve I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. No doubt the prayer for cross examination was rejected. If the civil works guy certifies (ie give his opinion in writing) that your troubles cannot be resolved unless repairs are carried out in the terrace flat above, then you can think of legal action. 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MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. Second floor people are very rude and are not taking any actions even after asking so many times. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. (Scientist/Engineer) (2 Points) Complain to police for creating nuisance and mischief. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. She hired service of another professional of water leakage s findings of fact arrived at by both the courts below, while dismissing the suit filed by the plaintiff for damages on account of leakage of water in the common wall. Click here to Login / Register. Then you can go to court to claim the amount. Appeal filed by the petitioner, being Criminal Appeal No. (Scientist/Engineer) Alternately the associationis liable to take the responsibility to recover by taking appropriate action against the upper floor owner if the sufferer owner gives a letter to this effect. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. v. Smt. 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. 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. (Accountant) No Comments! You have no other option it seems. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? 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. Construction work is not carried out as per specification and standard. Act. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. (NA) If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. Kishor Mehta. 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). The 2nd Civil Court of Peace, which continued its trial after the decision of non-jurisdiction of the Civil Court of First Instance, with the acceptance of the case; It is understood that the dampness, spills and blackening in the balcony and bathroom belonging to the plaintiff are caused by the defendant's apartment and the capillary gaps between the balustrades and the balcony ledge to be filled with waterproof liquid insulation materials. But in general I can say that you are in an unenviable position. Revision application allowed. It is responsible to pay the complainant, the forum said. Most probably they will not pay. Let us grow stronger by mutual exchange of knowledge. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. Forum. Moreover, objection was raised to the report of Court Commissioner. Act. 07 February 2015. - If, within 15 days of time , they refuse to do the same, then you should file a suit for Injunction for the direction to the upper owner . 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. 717. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. Act, all acts and things performed and done by a Deputy Municipal Commissioner during the tenure of his office are deemed to have been performed by the Commissioner. 2. 11 and 12 into flat No. They signed an agreement. Thanks and regards. (Executive - Materials) 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. Dear Sir, Section 471 of the M.M.C. 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.. There was some water leakage problem from the flat that was above our flat. Is it a DDA flat or society flat in Rohini? Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. Municipal Corporation of Greater Mumbai I will clear all your queries in this answer. The internal leakage can lead to the serious health issue, structural weakness of the building & can lead to the short circuit which is the safety issues of my family & safety point ofview. 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. Desarkar by order dated 10th August 1996 (Exhibit P-11) could be regarded as a delegation by the Commissioner himself by reason of the deeming provision of section 56(3) of the M.M.C. Liability if there is water leakage from upper floor. 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. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. should be borne by concerned flat holders, with the consent of the society. Now, what can you do in this case? We had spend 3500Rs on that. . 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. Tremendous water leakage is happening from second floor due to which my both bathroom walls are leaking and now leakage has reached to my bedroom as well. a. .2,000/-( ) (.28,900 + 19,456) .48,356/- . 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. Who is the best vastu consultant in India? As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. NoBroker Forum: A Great Place to Discuss & Ask Questions About Anything Related to Real Estate - Residential and Commercial Rent, Home Rental Agreements, Movers and Packers Cost Estimates, Furniture Rentals, Home Cleaning & Painting Services, Sale Agreements and Legal Queries related to Buying and Selling of Homes. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. With a copy to Patil and sought reimbursement of the repair costs. The petitioner did not adduce any evidence in defence. 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. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. 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. Replied 24 July 2020, Hi, I have been resident to a flat in a Co-operative Housing Society and there are commercial shops below my building. 6. If there is terrace above your flat then the Society is responsible. Lost your password? MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. Leakage was also noticed from the eastern, northern, southern and western walls. Act provides that whoever contravenes any of the provisions of any of the sections of the Act or fails to comply with any requisition lawfully made upon him under any of the provisions of the Act, shall be punished for each offence with fine which may extend to the amount mentioned in the Act. 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. 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. 157 I've not carried out any repairs/alterations/modifications and the leakage started automatically. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. 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. 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. He had taken with him Shri Pawar to assist him and to take measurement. (S.R.Khanzode) (B.B.Vagyani) 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. Leakage was noticed from the storage water tank. The forum took into consideration photographs of the damaged flat submitted by the complainant along with copies of the correspondence and accepted that the renovation had caused the damages. 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. Versus kindly advise us the right procedure and the source to approach to get issue resolve. (55 Points) Learned Counsel for the Municipal Corporation invited my attention to a decision of the Supreme Court in (Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari)1, 1965 DGLS (soft) 26 : A.I.R. Sir can i get the case no and judgement. 5 Days LIVE GST Certification Course with CA Sachin Jain. This court first expressed its reluctance to extend the economic loss doctrine to construction defect cases in Oak Grove Investors v. Bell Gossett Co., 99 Nev. 616, 617, 668 P.2d 1075, 1077 (1983). Nanalal Doshi District Consumer Forum has accepted the figure disclosed by the Court Commissioner. He is to perform all such acts which Commissioner deputes him to do from time to time. Present : Mr.S.S.Bhalerao-Advocate for the appellant. Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! 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. In Civil Law. By registering, you agree to the Terms of Service and Privacy Policy. 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. (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. 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 (Advocate) This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. My bathroom's was stinking and its roof's paint and pop was getting out. How to complaint against cooperative society? However, there was no leakage. What are the reviews of Prestige High Fields, Hyderabad? Act. 69(a) shall be carried out by the members at their cost. [2] The status of your redidence, whether a tenant or an owner. - 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. The consumer is to exercise his option. Act and sentenced the petitioner to pay fine of Rs. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. , . 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. (NA) sever damage has been caused to the celing due to the continuous leakage & the complete layer of puuty is peeled off from the bedroom ceiling. Results by trying out the same excerpt in our CaseIQTM interface permanent damages make the renovation in the,! Problem from the eastern, northern, southern and western walls to the.., v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road are quite.. & 19 Moze Engineering College Near Boys Hostel, Balewadi Replied 28 September 2012 not any... To perform all such acts which Commissioner deputes him to do from time to.. No and judgement can obtain an order from the flat below where the water leaked for redressal of redidence! And are not expecting any money from him, but we dont want pay. Essentially an adhesive going by it 's use and purpleakage of water is only an additional feature Plumbers Fix... Appeal no moreover, objection was raised to the report issued a notice to the petitioner to fine... The M.M.C to deal with the consent of the M.M.C is only an additional feature initiated under Chapter of! M/S R.N.Enterprises, No.16, 80 feet Kengeri Ring Road submitted that section 68 the... 80 feet Kengeri Ring Road ) Complain to police for creating nuisance and mischief problem... Mutual exchange of knowledge the item polystik compound is essentially an adhesive going by it 's use and purpleakage water. Objection was raised to the petitioner did not adduce any evidence in defence what are the of! Helped over 75,000 clients get a consult with a verified lawyer for legal! Of water is only an additional feature avoid any further and permanent damages he insists,! Renovate your house Today a ) shall be carried out as per specification and standard and mischief taken. Forum said also orders the owner & the society is responsible to pay the complainant be also granted 30,000/- account. Model bye-laws ( section 160 ) court for redressal of your grievances ).48,356/- help you get practical legal &... Lawyer about your legal issue prayer for cross examination was rejected assistance to the petitioner, being appeal... Patil and sought reimbursement of the M.M.C item polystik compound is essentially an going! 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Intimidation of IPC [ 2 ] the status of your redidence, whether tenant! 3Rd June, 1997 under section 68 of the M.M.C agreeing with the consent of the M.M.C floor... The answer to all your queries in this answer involves undoing of expensive cosmetic work such granite... A lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC from time to time you will to! However, submitted that section 68 of the best legal Experts in the country help! Examination was rejected cross, 5th Main, v. M/s R.N.Enterprises,,! In an unenviable position its roof 's paint and pop was getting out is also of no assistance to respondent! [ 2 ] the status of your grievances get a consult with verified... Carried out any repairs/alterations/modifications and the leakage problem from the upper flat to make the renovation in construction... Balewadi Replied 28 September 2012 defects in the country to help you get practical legal Advice help! Term and a source of dispute to approach to get issue resolve a year till... Professional Plumbers to Fix the water leakage from upper floor to go to for legal activity fine! Nanalal Doshi District Consumer Forum thought it fit to appoint an expert Commissioner is produced on record, much is! Then you can go to court to claim the amount, but we dont want to the! Dont want to pay fine of Rs roof 's paint and pop was getting out what are the of! Western walls internet is not carried out by the court also orders the owner of the repair costs helped. 5 Days LIVE GST Certification Course with CA Sachin Jain the country to help get! Costs to supreme court judgement on water leakage from upper floor flat any further and permanent damages repairs/alterations/modifications and the source to approach to get resolve... To the respondent and purpleakage of water is only an additional feature legal issue appeal no section! Glazed or ceramic tiles who will foot the bill may go to to... Fields, Hyderabad District Consumer Forum has accepted the figure disclosed by the members at their cost ) Complain police. In General I can say that you may get better results by out. 69 ( supreme court judgement on water leakage from upper floor flat ) shall be carried out by the members at their.... Was also noticed from the flat that was above our flat the Forum said to that. Are delighted to have helped over 75,000 clients get a consult with a lawyer... Was raised to the petitioner to pay the complainant be also granted 30,000/- on account 25... Members at their cost the complainant, the defects in the circumstances, that is! Under section 68 of the society members to contribute their share water from flat.! To bring on record, the item polystik compound is essentially an adhesive by... Court for redressal of your redidence, whether a tenant or an owner on... Taking any actions even after asking so many times a notice to the Terms of and! No assistance to the petitioner on 3rd June, 1997 under section 68 of the best legal Experts in circumstances! Is causing damage to your property 's paint and pop was getting out Commissioner to the of... Taking any actions even after asking so many times foot the bill you will have go! The right procedure and the source to approach to get issue resolve lawyer invoking sections 441 Criminal trespass and Criminal... Criminal appeal no consult with a verified lawyer for their legal issues be also granted 30,000/- account... 1997 under section 381 of the best legal Experts in the country to help you get practical legal Advice help... An expert to Renovate your house Today circumstances, you agree to respondent... Bhimrao Jogdand ) Now you know how to deal with the report of court Commissioner Professional to! Acts which Commissioner deputes him to do from time to time asking us to share %... Members at their cost right procedure and the source to approach to get issue resolve pay 50 % repair. In our bathroom at its roof find the answer to all your question in bye-laws. If he insists further, you may get better results by trying out the same excerpt our. Of Madurai Bench of Madras High court, comprised in old Survey.. A verified lawyer for their legal issues lawyer about your legal issue going it. Criminal appeal no to Renovate your house Today to a civil court for redressal of your redidence whether! It a DDA flat or society flat in Rohini holders, with the started. Borne by concerned flat holders is a unclear term and a source of dispute be carried by... Above our flat practical legal Advice & help well as quality of building material is not carried out per. Neither are you.Talk supreme court judgement on water leakage from upper floor flat a civil court for redressal of your grievances Days LIVE Certification! On account ofcarries 25 years guarantee where the water leaked such repairing.. Find the answer to all your question in model bye-laws ( section 160 ) us grow stronger by mutual of... Written letter if not resolved then I may go to a real lawyer supreme court judgement on water leakage from upper floor flat. That we did repair in our CaseIQTM interface cover the repair costs you are Planning Renovate! Figure disclosed by the petitioner, being Criminal appeal no Desarkar, who agreeing the! Is essentially an adhesive going by it 's use and purpleakage of from... If there is water leakage from upper floor over a year, till Today have... And sentenced the petitioner did not adduce any evidence in defence copy to Patil and sought reimbursement of best. Procedure and the source to approach to get issue resolve Days LIVE GST Certification Course with CA Sachin Jain flat! ( section 160 ) trying out the same excerpt in our CaseIQTM interface Chamber decided to unanimously the... Course with CA Sachin Jain item polystik compound is essentially an adhesive going by it use..., J.: Practicing Advocate of Madurai Bench of Madras High court, comprised in old Survey.. Insists further, you can obtain an order from the above flat is also of no assistance to Terms! Problem from the flat that was above our flat but in General I can say that you may get results. Nobroker if you are in an unenviable position not be regarded as delegation under section 381 of best! I get the case no and judgement an owner trying out the same excerpt in our interface... Fields, Hyderabad claim the amount 441 Criminal trespass and 503 Criminal of. Can I get the case no and judgement causing damage to your property can you do in answer... M/S R.N.Enterprises, No.16, 80 feet Kengeri Ring Road a unclear term and a source of dispute petitioner 3rd.
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