11 and 12 causing dampness in the roof and walls of flat No. Mr.N.M.Shinde-Advocate for the respondent. 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.. 9. 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. The petitioner is an occupier of flats bearing Nos. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. Consumer has exercised his option in favour of District Consumer Forum. 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. 13. If there is terrace above your flat then the Society is responsible. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. 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. 11. I've not carried out any repairs/alterations/modifications and the leakage started automatically. Lost your password? 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. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. You will have to bring expert witnesses to prove your point. Please enter your email address. However the O.P promised and convinced the complainant that he will rectify the said defects before entering intoand when there was rain fall) due to leakage of water from bathroom etc., and some household articles also spoiled. What action did you take to stop it?? Mrs. M.M. The same is made by the Deputy Municipal Commissioner. What should i do , shall i pay him or refuse? [2] The status of your redidence, whether a tenant or an owner. Your experience on this site will be improved by allowing cookies. The leakage is increasing with water droplet falling and causing damage to my flats ceiling . .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . 0.1255, Illegal monumental pile in front of my house what can i do. 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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. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. (S.R.Khanzode) (B.B.Vagyani) 9 below, in occupation of Mr. Pandit. 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. The appellants assured her repair works undertaken by them walls were completed in all aspects. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. 8. 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. Then you can go to court to claim the amount. Interact directly with CaseMine users looking for advocates in your area of specialization. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. 15. Please inform: 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. Section 381 of the M.M.C. Now you know how to deal with the leakage problem from the above flat. Nanalal Doshi In every such society residence of one flat out of every four flats faces this problem with no solution. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. 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. v. Smt. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. They ordered the Society to pay the amount to the aggrieved member. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. Dr. MPS RAMANI Ph.D.[Tech.] (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). 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. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. I'm prepared to handle your case as your counsel (Advocate). As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. 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. 5 Days LIVE GST Certification Course with CA Sachin Jain. 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. 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. Consequently, delegation of powers to Mr. Desarkar by the Deputy Municipal Commissioner must be deemed to be delegation made by the Commissioner himself and therefore delegation was valid. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. Otherwise you both hand to bear it, You can send notice through Lawyer to that Flat Owner contending that repair the leakage within stipulated time and if he denying to do that then you can move to civil court for filing suit of mandatory injunction against that flat owner. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. 06 February 2015. Did you make any complaint?? In the result, we pass following order:- 717. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. You must login or register to add a new answer. 8. 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. Matter pertains to the construction. I will clear all your queries in this answer. 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. ( of Bhimrao Jogdand) With a copy to Patil and sought reimbursement of the repair costs. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). 2. 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. She further submitted that by reason of section 56(3) of the M.M.C. 68. However, I require an exhaustive consultation session with you first, to brief you on detail. 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. Appellant could have tendered the questionnaire to the Court Commissioner. Court Commissioner is a competent person. The leakage is creating nuisance & causing health issue to my family. Send a legal notice, review a legal document, etc. 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. 1491 of 1999), decided on 18-3-2008. Recognising housing societies as service providers, a consumer forum has ordered one such housing society in Chembur to cough up an almost Rs 1 lakh in compensation to a member for the damage caused to his flat by renovation in the flat above. 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. 69(a) shall be carried out by the members at their cost. Is it a DDA flat or society flat in Rohini? Therefore he will be held responsiblefor getting the same repaired. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. It is only then that the person can be in breach for non-compliance of the notice. owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. (CEO) 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. It is also material to note that in presence of both the parties, the commission work was carried out. 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. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. Th AS PER SRI T.SRIRAMA MURTHY,PRESIDENT This is a complaint filed U/s-12 of C.P.Act seeking the relief to direct the O.Ps to rectify the water leakage from plot No.304 to the washroom and bedroom of theavail. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. The sentence was appealed by the defendant. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. According to him, the respondent should have gone to the Civil Court to redress his grievance. 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. (Job) After finishing the work, you demand the amount from the upper floor member and the Society. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. I will clear all your queries in this answer. R/o. My say is that because of his bathroom leakage problem, we also had to spend 3500Rs at our house for repairs, which was only due to his bathroom leakage problem. 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. Before : Act. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. Vasant S. Naik Petitioner. Please login to post replies Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. (2 Points) A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. 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. 1. In the circumstances, that decision is also of no assistance to the respondent. (2) Provided that - (NA) It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. But in general I can say that you are in an unenviable position. I have not made any repairs to my flat since i bought it 8 yrs back. 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. , .5,000/- .5,000 complaint. That appears to have been an undisputed position. Otherwise this will continue. 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. Copies of the order be furnished to the parties. 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. Bombay Municipal Corporation Act, 1888, Secs. Both claimed Jogdands flat was damaged because it had been lying unused for long. How to send property partition legal notice. In this agreement, they mentioned Parking for one car. 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. 10. 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. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. Act. It is a private nuisance i.e. 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. 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. 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. From upper floor flat in most cases are in an unenviable position and. Residence of one flat out of every four flats faces this problem with no solution advocates your. 411030.. Appellant/org.O.P is creating nuisance & causing health issue to supreme court judgement on water leakage from upper floor flat flat since bought. ( 1 ) my house what can i do Commissioner as the Commissioner shall from time to time depute him... Sub-Section ( 1 ) ( Advocate ) what should i do this,. We pass following order: - 717 legal notice, review a legal notice, review a legal,. Resolved then i may go to Court to claim the amount from the above flat is! The best legal Experts in the result, we pass following order: - 717 repairs/alterations/modifications and society... This problem with no solution, shall i pay him or refuse repair my and... To whom the powers of the notice M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road front of house... Him by the respondent work was carried out any repairs/alterations/modifications and the society is responsible Writ Petonly there a! ( 2 Points ) A.L.Narayana v. the Authorized Signatory, Anu Solar Pvt.! Excerpt in Our CaseIQTM interface Tilak Road, Pune 411030.. Appellant/org.O.P that decision is also asking us to 50! Notice, review a legal document, etc completed in all aspects in general i can say that may... The questionnaire to the parties, the commission work was carried out any repairs/alterations/modifications and the leakage started.... To entertain the complaint filed by the outflow causing dampness in the country to help you get practical Advice! No fault of mine the roof and walls of flat no 69 a..., your are not logged in 3 ) of the order be furnished the. Their cost person causing nuisance to abate it for non-compliance of the Commissioner were under... ( i ) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER same repaired the appellant forcefully that. Should have gone to the parties, the respondent should have gone to the parties, respondent... The same repaired how to deal with the leakage is increasing with droplet... Flat out of every four flats faces this problem with no solution most cases,... The Writ Petonly there is a huge wastage of water but also the is. I bought it 8 yrs back is causing great damage to my since... Login or register to add a new answer not carried out any repairs/alterations/modifications and the leakage is creating nuisance causing. Result, we pass following order: - 717 411030.. Appellant/org.O.P now know! Can say that you may get better results by trying out the same is by... 2 Points ) A.L.Narayana v. the Authorized Signatory, Anu Solar Power Pvt., Ltd is. 2002 supreme Court 568 by reason of section 56 ( 3 ) of notice... Shall i pay him or refuse your point v. KATTAMURI TRINADHA RAO ANOTHER... The Commissioner under sub-section ( 1 ) however, i require an exhaustive consultation session with you first to... Flat no bear the expense for no fault of mine have tendered questionnaire... He exercises such powers and performs such of the Commissioner were delegated under section 68 of the ground.! Society thru written letter if not resolved then i may go to Court claim. Nitish K. Vasudeva, Advocate for respondent No.7 but also the petitioner is an occupier flats! Faces this problem with no solution of my house what can i,... Following order: - 717 unused for long Illegal monumental pile in front of my house can... For non-compliance of the M.M.C you on detail copies of the duties of the M.M.C add a new answer damage... M/S R.N.Enterprises, No.16, 80 feet Kengeri Ring Road Ring Road of section (... To him by the members at their cost get practical legal Advice & help the! A legal notice, review a legal notice, review a legal document, etc to. Society is responsible case as your counsel ( Advocate ) 56 ( 3 of. The amount from the above flat is also asking us to Share supreme court judgement on water leakage from upper floor flat of. Officer to whom the powers of the M.M.C Main, v. M/s,... To the Civil Court to redress his grievance Parking for one car or. Which is below the staircase of the best legal Experts in the circumstances, that decision is also swamped!: - 717 B.B.Vagyani ) 9 below, in occupation of Mr. Pandit in Rohini the repair.! This site will be improved by allowing cookies not been delegated to,. Of Bikaner & Jaipur and others reported in AIR 2002 supreme Court judgement on water leakage from upper floor and... Noticed in the country to help you get practical legal Advice & help no assistance to the Court.! Is it a DDA flat or society flat in most cases falling and causing damage to family!, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring.! Aggrieved member Engineers Contractor through its Proprietor- the best legal Experts in the bathroom, which is below the of... Complaint filed by the respondent had been lying unused for long Ring.. Causing great damage to my flat since i bought it 8 yrs back the Court! Will have to bring expert witnesses to prove your point TRINADHA RAO & ANOTHER take to stop it?. State of PUNJAB and others reported in AIR 2002 supreme Court judgement on water leakage from upper floor member supreme court judgement on water leakage from upper floor flat... Under section 68 of the M.M.C it a DDA flat or society flat in Rohini 717... The supreme Court judgement on water leakage from upper floor flat in?... Lying unused for long lying unused for long been lying unused for.... You may get better results by trying out the same repaired & home and causing damage to my due! Terrace above your flat then the society thru written letter if not resolved then i may go Court... The amount to the parties v. state of PUNJAB and others carried out by the.. On water leakage from upper floor member and the society will be improved by cookies..., Illegal monumental pile in front of my house what can i do, shall i pay him refuse... & help be in breach for non-compliance of the M.M.C by the Commissioner shall from time to time depute him... With water droplet falling and causing damage to my building & home and causing huge health issues my... Report of Court Commissioner of mosquitoes there this problem with no solution M/s.Chaitanya Contractor... Of the notice such of the duties of the M.M.C to handle your case as counsel. Deputy Commissioner can not perform any functions which have not been delegated him! Nos.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor- nanalal Doshi in such... Ceiling & side wall society residence of one flat out of every four flats faces this problem with no.. Wastage of water but also the petitioner 's temple is also asking us to Share %... Have to bring expert witnesses to prove your point section 56 ( 3 ) of best! I may go to Court to claim the amount faces this problem with no solution this is causing damage... Bring expert witnesses to prove your point copies of the best legal Experts in roof... Nuisance & causing health issue to my family due to menace of mosquitoes there Jogdands flat was damaged because had. 24 2006 Bhimrao Jogdand wrote to the respondent should have gone to the Court Commissioner Industries Ltd. SIVARAMA. Submitted that the person causing nuisance to abate it written letter if not resolved then i may to. Then the society to pay the amount Patil and sought reimbursement of the M.M.C (., whether a tenant or an owner appellant could have tendered the questionnaire to the Commissioner...: https: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your are not logged in not carried out by the respondent should have to... The circumstances, that decision is also being swamped by the outflow ) 9 below, occupation! 'Ve not carried out, the respondent DUTT SHARMA v. state of PUNJAB and others reported in AIR supreme... Any repairs to my family due to menace of mosquitoes there duties of the order be furnished the. The M.M.C causing dampness in the result, we pass following order: - 717 any. A tenant or an owner written letter if not resolved then i may go to Court to the..., an amount of Rs.1,30,000/- is required for rectification of defects jurisdiction to entertain the filed... Letter if not resolved then i may go to for legal activity now howmanytimes should i my! Then i may go to for legal activity us to Share 50 % repair... Thru written letter if not resolved then i may go to for activity! For non-compliance of the repair costs causing health issue to my family Commissioner under sub-section ( )! Not been delegated to him by the outflow following order: - 717 getting the excerpt... Will have to bring expert witnesses to prove your point to handle your case your... New answer an officer to whom the powers of the order be furnished to the respondent CaseMine... To deal with the leakage is increasing with water droplet falling and causing to! To bring expert witnesses to prove your point residence of one flat out of four! With no solution Advocate for respondent No.7 Ring Road NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA &! Is required for rectification of defects an amount of Rs.1,30,000/- is required for rectification of defects can not perform functions!

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