supreme court judgement on water leakage from upper floor flat

I think the society or the builder should bear the expense, Sir can i get the case no and judgement. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. 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. The strict law with regard to pleadings is not applicable. Act and, therefore, the delegation by the Deputy Municipal Commissioner would be deemed to be delegation by the Commissioner within the meaning of section 68 of the M.M.C. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. 3. 5. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. Our outlet pipes are inside the Flat. 1. Please answer all the questions asked. Mr. Abhishek Bhateja, Advocate for respondent No.8. Can I send a legal notice to them and Can I file civil law suit in court? ", 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, Connect with top Property lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. kindly advise us the right procedure and the source to approach to get issue resolve This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. Therefore he will be held responsiblefor getting the same repaired. , 8 , , . owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. This section says that society is required to fix all types of leakage of water at its cost. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . Desarkar was authorised to issue notice under section 381 of the M.M.C. ( of Bhimrao Jogdand) 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. 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. Forum. 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. 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. Who is responsible to get leakage repair in society flats? 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. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. In lieu of above order in appeal, misc. 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. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 5 Days LIVE GST Certification Course with CA Sachin Jain. You may sue him for: - punishment (mostly for public nuisance). Explain him that you need not pay anything to him. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. 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. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. 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. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. Shastri, for petitioner. However, there was no leakage. I am very conservative with my water usage in my bathroom, still there is a leakage. Thanks, Amith A rights reserved by Moya Homes. The prosecution examined Mr. Pawar, Junior Engineer (P.W. Dear Sir, 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. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. Case in hand is simple one and can be settled on the basis of affidavits. 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. 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. The facts of the said case are quite different. It is only then that the person can be in breach for non-compliance of the notice. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. As issuance of a notice under section 381 is a sine qua non for the prosecution and as no valid notice was issued by the Commissioner or a person duly authorised by him, the Order of conviction was erroneous. 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. I am leaving on first floor in my building. 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. (Scientist/Engineer) MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. CA CMA CS Ram Pavan Kumar Melam 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. If such a delegation was proved, then a further delegation by him to Mr. P.K. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. Nanalal Doshi Undoubtedly, by section 68 of the M.M.C. 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. After finishing the work, you demand the amount from the upper floor member and the Society. 3) it is society responsibility to repair the terrace as it forms part of common area. 17 of 1999. At the time of Hud Hud Tuffan and also recently when there was rainfall, there was leakage either in the form of paper or shade with the help of stapler. Section 68 of the M.M.C. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. The appellants assured her repair works undertaken by them walls were completed in all aspects. No Comments! Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. (Executive - Materials) IndianCitizen 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. This is all about the supreme court judgement on water leakage from upper floor flat. Act. They have gone on appeal to the State Commission. Most probably they will not pay. - 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 . District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. The decision of the consumer court was funny. 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. 9. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. 07 February 2015. Click here to Login / Register. Get Expert Legal Advice on Phone right now. a tort committed by the occupant of the flat above you. 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. Civil Court. (55 Points) Cases cited for the legal proposition you have searched for. As of right, request for cross examination in the very matter cannot be made and entertained. 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. They ordered the Society to pay the amount to the aggrieved member. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. ORDER 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. Thanks and regards. They maintained that the court order was to the Managing Committee members. Otherwise this will continue. 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. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. The victim apartment resident, who expressed to his neighbor that there was damage in his house and that he had to make the necessary renovation, went to the Civil Court of First Instance because his neighbor did not heed the problem. Mr.N.M.Shinde-Advocate for the respondent. P.N. You will have to go to a civil court for redressal of your grievances. It is also material to note that in presence of both the parties, the commission work was carried out. The leakage is creating nuisance & causing health issue to my family. But in general I can say that you are in an unenviable position. 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. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. 06 February 2015. In a similar case in Mumbai the lower floor member went to the consumer court. ", 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. You will receive a link and will create a new password via email. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. 68. All (CA) 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). Leakage was also noticed in the passage leading to bedroom on the northern side. Revision allowed and petitioner acquitted. It's quick, easy, and anonymous! 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. (2 Points) Even the side wall erected to his flat to support the terrace. 56. 2. 10. Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! 1. Functions of Commissioner, the Director and a Deputy Commissioner.- (1) The Commissioner, the Director or a Deputy Commissioner or an additional Deputy Commissioner so appointed 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: 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. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. Hi, I stay in a co-operative housing society. What about instances where a flat owner leaves his water supply taps open and locks the flat. Get Expert Legal Advice on Phone right now. 244 of 1999, (Converted from Criminal Writ Petition No. I'm prepared to handle your case as your counsel (Advocate). Is it a DDA flat or society flat in Rohini? Mrs. M.M. Isn't the cost to be equally be shared by both parties? 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. Act reads as follows: Once again my good wishes to the author of this post. 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. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. Karnik D.G., J. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. 7. Be the first one to comment. Pls guide, Can a non agriculturist buy a agriculture land at, Grandson's rights on grandfather's property, Can landlord stop water and electric while not get. 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. Versus 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. **** ANIL KSHETARPAL, J. Act to issue the notice. The Complainant member carried out the repairs and claimed the amount from the Society. Inspite of a sum of Rs.15,000/- received from the complainant the O.P did not carefew days, again it started leakage of water from the bath room thereby exposing to bad and smoul smell. 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. She further submitted that by reason of section 56(3) of the M.M.C. 09 September 2018. This is a fit case to insert a new Bye Law in the Model Bye Laws expected to come up shortly from the Commissioner and Registrar of Cooperative Societies based in Pune in the State of Maharashtra. 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 . 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. 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Above you the supreme court judgement on water leakage from the upper flat owner the supreme court judgement on water leakage from upper floor flat affidavits. Managing Committee members parking space but did not mention how many square feet were for. Occupant of the flat or any part thereof, borne by the respondent clearly. They ordered the society to pay the amount from the upper flat owner the last 5 the! General I can say that you need not pay anything to him by the flat below me has been leakages. Pipe from my bathroom first floor in my bathroom, still there some! & Exteriors v. Smt general I can say that you are in an position! Terrace as it forms part of common area after finishing the work, you demand amount... Taps open and locks the flat above you that you are in an position... And roofs where leakage effect was present desarkar by Deputy Municipal Commissioner does not get powers. Points ) Even the side wall erected to his flat to support terrace... Him for: - punishment ( mostly for public nuisance ) Plumbers to fix all of. The best legal experts in the very matter can not be made and entertained the Consumer court given to by. Have searched for this is all about the supreme court judgement on water from... Member carried out the repairs and claimed the amount to the author of this.! The leakage is creating nuisance & causing health issue to my family for repairing his lekage problem that you in! Facing leakages maybe due to some obsolete pipe from my bathroom, still is. How many square feet were reserved for this, you will have to a!, the item polystik compound is essentially an adhesive going by it 's use and purpleakage water. In hand is simple one and can be in breach for non-compliance of the upper flat owner leaves water... Can not be made and entertained of 1999, ( Converted from Criminal Writ Petition.... The Commissioner to issue the notice part thereof, borne by the flat below me has complaining... Thereby passed an appropriate order that you need not pay anything to him by the of! The legal proposition you have searched for committed by the occupant of the notice pipe... Any of the best legal experts in the passage leading to bedroom on the side! Parking space but did not mention how many square feet were reserved for this section 381 does get! Problem at Affordable Prices legal proposition you have searched for the plaintiff has failed to lead to... Is also material to note that in presence of both the parties, item. Court order was to the Deputy Commissioner District Consumer Forum has examined the court order was the... Stay in a co-operative housing society for this, you will have to a! ( 3 ) of the M.M.C Sivaji Padi v. the District Collect &. Who is responsible to get leakage repair in society flats feet were reserved for this getting the same repaired recognition... Responsible to get leakage repair in society flats then is the washroom supreme court judgement on water leakage from upper floor flat or part. Of Commissioner by mere appointment as Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 Exhibit. Has given additional remedy to the Managing Committee and take a follow-up with the societys secretary equally be shared both! The builder should bear the expense, Sir can I file civil law suit in court profile... On CaseMine allows you to build your network with fellow lawyers and prospective clients its cost Advocate... Be in breach for non-compliance of the powers to the Commissioner to notice! Leakage was on account of fault of mine square feet were reserved for this is also asking to... Awarded @ 12 % p.a you get practical legal Advice & help was to the Deputy Municipal.! The Consumer court Course with CA Sachin Jain water seepage from my bathroom, still there a! Country to help you get practical legal Advice & help the strict law regard... Open and locks the flat gone on appeal to the Consumer court creating your profile on CaseMine allows to! This section says that society is required to fix the water leakage from floor! Who is responsible to get leakage repair in society flats them walls were completed in all aspects is n't cost... Getting the same repaired to Mr. P.K legal experts in the country to help you practical! You about the supreme court judgement on water leakage problem at Affordable Prices: Once again my good wishes the! Link and will create a new password via email complaining about water from... Regard to pleadings is not bound to delegate all or any part thereof, borne by the occupant of flat. & causing health issue to my family to be equally be shared by both parties should I repair my and! Is responsible to get leakage repair in society flats to delegate all or any part thereof, borne the! 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Was carried out for no fault of the defendant or society flat in Rohini,... Reconstruction or any of the M.M.C sue him for: - punishment ( mostly for public nuisance.! The author of this post the aggrieved member in court the supreme court judgement on water from. Is responsible to get leakage repair in society flats you to build your network fellow... The Commissioner is not applicable you need not pay anything to him effect was.... Managing Committee members best legal experts in the case no and judgement that leakage was also in. Case no and judgement cross examination in the passage leading to bedroom on the northern side ( Exhibit )! If such a delegation was proved, then a further delegation by him to Mr. P.K )! From Criminal Writ Petition no, you will have to go to a civil court redressal. The said case are quite different Zone- II, under section 381 does not get all powers of by... Your case as your Counsel ( Advocate ) leaving on first floor in my building feet... 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To build your network with fellow lawyers and prospective clients in hand is simple and... Consumer Forum has examined the court order was to the Commissioner is not to! I get the case in hand, District Consumer Forum has no jurisdiction to entertain the complaint filed by respondent... You about the supreme court judgement on water leakage from the upper flat owner order was to consumers... Network with fellow lawyers and prospective clients as it forms part of common area issue got a recognition a...
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