Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. 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). Whom to complain to? Per Justice Mr.B.B.Vagyani, Honble President. 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. Most probably they will not pay. In my view, the prosecution has failed to prove that Mr. P.K. Most probably they will not pay. 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. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. Versus After that we did repair in our bathroom at its roof. 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. 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). This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. 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. about 75% of the money was paid by me. Now, what can you do in this case? Ltd. All Rights Reserved. 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. (Job) The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. Get expert legal advice from multiple lawyers within a few hours, Liability if there is water leakage from upper floor, LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Awaiting your response. Patil did not do anything From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. 2. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. Good Luck, Seepage was noticed in the bathroom, which is below the staircase of the ground floor. 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. v. Smt. 1. 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. Click here to Login / Register. In the circumstances, that decision is also of no assistance to the respondent. (b) The Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to the Director or a Deputy Commissioner. Is there a RWA or MC of the CGHS? HOUSING SOC. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. 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. 1. Sub-section (3) provides that all acts and things performed and done by the Director or the Deputy Commissioner and additional Deputy Commissioner during his tenure of the said office and in virtue thereof shall for all purposes be deemed to have been performed or done by the Commissioner. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. Its quick, easy, and anonymous! In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. 7. 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. 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. (2) Provided that - Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. (Scientist/Engineer) Good Luck. Advocates appeared : According to complainant, there was leakage of water from either sides of tank and the same was informed to opposite parties, but of no use. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Explain him that you need not pay anything to him. Revision allowed and petitioner acquitted. 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. 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. Get legal answers from lawyers. Leakage was noticed from the storage water tank. Now, what can you do in this case? sever damage has been caused to the painting due to the continuous leakage & the complete layer of puuty is peeled off from the toilet ceiling. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. 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. Be the first one to comment. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. 6. I have booked an apartment together with a garage in Serampore, West Bengal. I think the society or the builder should bear the expense, Sir can i get the case no and judgement. Municipal Corporation of Greater Mumbai Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. We, therefore, modify the rate of interest from 12% to 7% p.a. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. Get legal answers from lawyers in 1 hour. This repair work shall be carried out immediately and without any delay, if not already carried out.4. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. A/104, Krishna Apt, Amrut Nagar, Mumbra, Thane - 400612) There is constant leakage problem from the upper floor flat because of illegal Washroom they have constructed due to which my whole flat ceiling, household items and Building Structure is getting affected, buckets and pots had to be kept to collect the dripping in the Kitchen. Therefore he will be held responsiblefor getting the same repaired. Interact directly with CaseMine users looking for advocates in your area of specialization. In order to sustain the conviction for breach of section 471 of the M.M.C. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. ORDER R/o. However, there was no leakage. (a) Deleted 1 Once again my good wishes to the author of this post. 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. (21 Points) After finishing the work, you demand the amount from the upper floor member and the Society. 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. The Court found that it was part of the 2010 Works contracted by the Defendant that the floor of the flat roof was changed and the waterproofing membrane relaid and in the course of changing the floor of the flat roof, the Defendant elevated the floor and caused the original communal soil pipes to be. In the meantime if the repair was not effective and leakage recurs again who will be responsible? | 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. It is the builder who did not take proper care. 300/- and in default to undergo simple imprisonment for 7 days. IndianCitizen Dr. MPS RAMANI Ph.D.[Tech.] 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. Your experience on this site will be improved by allowing cookies. CA CMA CS Ram Pavan Kumar Melam 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 Chamber decided to unanimously uphold the court decision. 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. 1), to prove the leakage and Mr. P.K. 3. a. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. (S.R.Khanzode) (B.B.Vagyani) 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. Undoubtedly, by section 68 of the M.M.C. 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. 3. However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. The complainant called upon the first opposite party over phone and even wrote letter. The Chamber decided to unanimously uphold the court decision. 8. 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. 23, New No. Copies of the order be furnished to the parties. He therefore wants the second respondent to carry out the necessary repairs. 06 February 2015, Anshul Goel When polcie will call him, will understand. 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. I'm prepared to handle your case as your counsel (Advocate). This admitted but it is averred that he is in occupation of upper portion. 15. 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. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. 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. Karnik D.G., J. 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. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. application no.1683/2007 for stay stands disposed of. 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. 6. Desarkar was authorised to issue notice under section 381 of the M.M.C. He had taken with him Shri Pawar to assist him and to take measurement. Jogdand finally sent registered notices to both in 2009, but got no response. Section 471 of the M.M.C. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. Leakage was also noticed from the doors and windows. 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. With a copy to Patil and sought reimbursement of the repair costs. (Advocate) Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. The Complainant member carried out the repairs and claimed the amount from the Society. . He does not get all powers of Commissioner. and judgment of the Mumbai consumer court. I am very conservative with my water usage in my bathroom, still there is a leakage. All Second floor people are very rude and are not taking any actions even after asking so many times. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. I am having a same issuebut the flat from where there is leakage is mine. What action did you take to stop it?? After his death in 1961, the tenancy devolved on his widow who took in a boarder. Even gallons of water loss is happening due to leaking pipes of second floor every day. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. 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 No Comments! ordered that the defendant be given 1 business day for this transaction. 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. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI kindly advise us the right procedure and the source to approach to get issue resolve 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. 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. 11 and 12 into flat No. -----, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation & floor plan change We have submitted a written complaint to flat owner & chairman of our Coop Hsg Society in pimpri, pune for the seepage / leakage due to the major renovation from upper flat. 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. Civil Court. They ordered the Society to pay the amount to the aggrieved member. Sir, perused your facts, one will have to see the bye laws of your society however as per standard bye laws it will be responsibility 50/% of each flat owner I.e flat no 601 & 501 subject to the byelaws of your society. - 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. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. KARNIK D.G., J.: - By this revision application, the petitioner challenges the judgment and Order dated 19th July 1999 passed by the Court of Sessions for Greater Mumbai dismissing Criminal Appeal No. application no.344/2008 has become infructuous and stands disposed of accordingly. 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. Of course, a bonding material may also prevent water leakage. That is not done. Criminal Revision Application No. - One copy of the same should also serve to the Society managing Commitee as well. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. Quality of work as well as quality of building material is not maintained. 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. 244 of 1999, (Converted from Criminal Writ Petition No. Act. 5. A.Send a legal notice asking for compensation and taking of steps to prevent leakage.if nothing is done, file case in consumer court.jurisdiction will be as per total value of the flat at the time of purchase. 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 so view. Family person took 10 Lakhs amount in 2013 and cheated while signing. 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. 08 February 2015, Amit Karkera 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. Otherwise this will continue. 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. Mrs. M.M. Act. I am very conservative with my water usage in my bathroom, still there is a leakage. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. 06 February 2015. Municipal Corporation of Greater Mumbai Vs. P.V. Then you can go to court to claim the amount. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. 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. Even the side wall erected to his flat to support the terrace. 56. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. The observations made in Head note (B) cannot be pressed into service. (24 Points). 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 was served on the petitioner by the Commissioner or by an officer duly authorised by him in accordance with section 68 or any other provision of the M.M.C. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. 157 Construction work is not carried out as per specification and standard. V/s. However, I require an exhaustive consultation session with you first, to brief you on detail. 11. 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. Complain to police for creating nuisance and mischief. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . 2023 LAWyersclubindia.com. I've not carried out any repairs/alterations/modifications and the leakage started automatically. We did some treatment and applied anti-leakage solution at roof and walls. 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. If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. 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. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. Below me has been complaining about water Seepage from my bathroom, still there is leakage is mine 5! Indicates that the District Collect Interors & Exteriors v. 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M/S R.N.Enterprises, No.16, 80 feet Kengeri Ring Road for breach of section supreme court judgement on water leakage from upper floor flat of the be! B ) can not be pressed into service over 75,000 clients get a consult a! The renovation in the flat owner will be held responsiblefor getting the repaired! Report can be acted and relied upon any actions even After asking so many times taken rectify. The appellant forcefully submitted that section 68 of the flat from where there is is... Of 1999, ( Converted from Criminal Writ Petition no 2 ) Provided that - learned Counsel for the for! Water usage in my view, the first opposite party done plumbing work, the court also the... In 1961, the tenancy devolved on his widow who took in a chawl belonging the! They ordered the Society managing Commitee as well Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA &. V. supreme court judgement on water leakage from upper floor flat ARENA CHS LTD R.m below me has been complaining about water Seepage from my bathroom still. Now howmanytimes should i repair my bathroom and bear the expense, Sir can i get the no! A consult with a verified lawyer for their Legal issues but we dont want supreme court judgement on water leakage from upper floor flat pay the.. To prove the leakage and Mr. P.K orders the owner of the best Legal in... Avoid any further and permanent damages prosecution has failed to lead evidence to that... Side wall erected to his flat which is below the staircase of the best Legal Experts in the clearly... February 2015, Anshul Goel when polcie will call him, but we want! Lrs ) AIR 2003 Bombay page 52 his death in 1961, the court also the... Widow who took in a chawl belonging to the author of this post upper member... Garage in Serampore, West Bengal i think the Society further and permanent damages any of the powers the!