Family person took 10 Lakhs amount in 2013 and cheated while signing. Forum. Then you can go to court to claim the amount. Answer (1 of 7): It's due to excessive use of acid or similar stuff for bathroom cleaning whereby tile joints and drain pipe sealing get damaged leading to leakages. Since when there is water leakage? Therefore he will be held responsiblefor getting the same repaired. 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. 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. 2. Sir can i get the case no and judgement. 157 Second floor people are very rude and are not taking any actions even after asking so many times. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. ordered that the defendant be given 1 business day for this transaction. 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. The members refused to pass the resolution. On failure of the petitioner to respond the M.M.C., through Mr. Uday Mande, Junior Legal Assistant, launched a criminal prosecution of the petitioner for the alleged offence punishable under section 381 read with 471 of the M.M.C. Now, what can you do in this case? 07 February 2015. 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. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI In the circumstances, that decision is also of no assistance to the respondent. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. 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. Act. 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. This section says that society is required to fix all types of leakage of water at its cost. 5. The Bye Laws should state clearly that "The member renovating the bathroom can be permitted to conduct repairs against a prior written undertaking and a deposit of an amount refundable 3 months after the completion of leakage free repair as certified by the member occupying the flat below that flat on the immediately following lower floor. 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. 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. Hi, I stay in a co-operative housing society. 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). (Accountant) Lawyers are available now to answer your questions. 2. (Scientist/Engineer) Even gallons of water loss is happening due to leaking pipes of second floor every day. 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. 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Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. 11. Please login to post replies 3. 1. Mithul Enclave Housing Society Ltd will have to pay Bhimrao Jogdand Rs 55,000 as repair costs and Rs 44,500 for litigation costs, mental harassment and as interest. If he wants I can give him the case No. .2,000/-( ) (.28,900 + 19,456) .48,356/- . 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.. Actually the upper floor owner is responsiblefor carrying out the repair to his toilet etc., so that the seepage do not come from his house to the lower house. Give the names of the upper floor member and the Society/Association as opposite parties. Sebastian)2, 1993(1) Bom.C.R. It is the builder who did not take proper care. It is only then that the person can be in breach for non-compliance of the notice. You have no other option it seems. Now you know how to deal with the leakage problem from the above flat. 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. Please login to post replies Rate of interest awarded by the District Consumer Forum is on the higher side. Copyrights 2021. Interact directly with CaseMine users looking for advocates in your area of specialization. Send a legal notice, review a legal document, etc. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . Aggrieved petitioner is in revision. 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. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. My bathroom's was stinking and its roof's paint and pop was getting out. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. kindly advise us the right procedure and the source to approach to get issue resolve What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? 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. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. The leakage is creating nuisance & causing health issue to my family. 0.1255, Illegal monumental pile in front of my house what can i do. 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). 3. The prosecution examined Mr. Pawar, Junior Engineer (P.W. . It is a private nuisance i.e. 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. We do not agree with Learned Advocate Mr.Bhalerao. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. 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. Desarkar was authorised to issue notice under section 381 of the M.M.C. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. Good Luck, According to the old Bye-laws, it was stipulated that the society is responsible for both the external leakage and the internal leakage of the property. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Municipal Corporation of Greater Mumbai 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. What about instances where a flat owner leaves his water supply taps open and locks the flat. 6. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. By registering, you agree to the Terms of Service and Privacy Policy. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. In such circumstances, you can obtain an order from the competent court to force your neighbour to carry on such repairing works. (Job) It appears that there was leakage of water from flat Nos. On going through the records, we find the assessing authority has given a clear cut finding that the granted 50,000/- on account of leakage due to which the paint of two rooms as well as work of POP was deteriorated and also for damage of Solar Water Heater the interest @ 18% per annum on the amofrom date of leakage of water tank of till payment with cost and litigation expenses as assessed by the Ld. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. 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. IN THE HIGH COURT OF KARNATAKA AT BENGALURU The issue before me is not whether the power could be delegated by the Commissioner to the Deputy Commissioner, but is whether there is any material on record to show that the powers were in fact delegated by the Commissioner to the Deputy Commissioner. Civil Court. You will have to go to a civil court for redressal of your grievances. 56. He does not get all powers of Commissioner. 2013-2023 Kaanoon Corporation. In order to sustain the conviction for breach of section 471 of the M.M.C. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. What are the reviews of Godrej Splendour, Whitefield, Bangalore. 9 situated on the second floor of the building is in occupation of Mr. Pandit. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. (24 Points). If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. 717. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. The Bye Laws Model 2009 has a Bye Law No 160 which provides a list of repair jobs the housing society is to pay out of its funds. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? Informed the owner & the society thru calling on phone but not agree to renovate it and ask for wait a month so i suffer a lot for continuously dropping the water in my bedroomhe leavesout of station for his job he never come to see his property and gave on rent last 7 years without any single ruppes maintenance andnot ready to resolvethis problemthen i may go to for legal activity. Quality of work as well as quality of building material is not maintained. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. - One copy of the same should also serve to the Society managing Commitee as well. Consumer has exercised his option in favour of District Consumer Forum. Consumer Forums are quasi judicial Forums. Sebastian, 1993(1) Bom.C.R. Good Luck. Of course, a bonding material may also prevent water leakage. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. Consequently, the decision is of no assistance to the Municipal Corporation. The consumer jurisprudence is altogether different. Ltd. All Rights Reserved. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. Please let me know what action can I take against them. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. Complainant claimed Rs.1,80,000/-. 1. Respondents. Can I send a legal notice to them and Can I file civil law suit in court? No Comments! 68. - 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 . 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. You must get a legal notice served upon the member above, and also your housing society, through your counsel (Advocate), to get the repairs done; intimating them that you are well within your rights to move the cooperative court against them, if they don't comply. As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. 7. Desarkar cannot be regarded as delegation under section 68 of the M.M.C. Terms* The main grievance of the complainant is that from the last few months, there is a leakage either sides from the water tank and he informed the same to opposite parties over phone and2012 and as such the same is within warrantee. 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. 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. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. 06 February 2015. 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. The Bye Laws should state clearly that The member renovating the bathroom can be permitted to conduct repairs against a prior written undertaking and a deposit of an amount refundable 3 months after the completion of leakage free repair as certified by the member occupying the flat below that flat on the immediately following lower floor. 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. Act. application no.344/2008 has become infructuous and stands disposed of accordingly. That appears to have been an undisputed position. Get Expert Legal Advice on Phone right now. Mr. Abhishek Bhateja, Advocate for respondent No.8. Hence prosecution without valid notice from Commissioner was not proper. 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 Property Lawyers at lawrato.com to address the specific facts and details. I will clear all your queries in this answer. 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. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. Deshmukh, A.P.P., for respondent No. You call qualified engineers, ask them to diagnose the fault, give an estimate and also whether the co-operation of the upper floor member will be necessary for the repairs. The 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. The case can get further complicated. 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. The society did not act against Bhalchandra Patil. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. 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 . 2. 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. 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. Your experience on this site will be improved by allowing cookies. 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. about 75% of the money was paid by me. Court: Citizen can't be made to run around just to fix leak A magistrate's court has convicted and fined a housing society and its office-bearers for not fixing a n extgernal leakage despite a . You will receive a link and will create a new password via email. Get legal answers from lawyers. 6. 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. 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. The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. Appeal is partly allowed. 13. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. 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. Mr.N.M.Shinde-Advocate for 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. Copies of the order be furnished to the parties. 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. In every such society residence of one flat out of every four flats faces this problem with no solution. Dear Sir, You may sue him for: - punishment (mostly for public nuisance). (Scientist/Engineer) Please consult expert Licensed plumber and take report or opinion in writing about the source of of. 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Of my house what can you do in this answer Whitefield, Bangalore the second floor of the M.M.C Scientist/Engineer! That you may get better results by trying out the same should also serve to the Commissioner... The item polystik compound is essentially an adhesive going by it 's use and of... Illegal monumental pile in front of my house what can you do this! As per report of court Commissioner, an amount of Rs.1,30,000/- is required for rectification defects! Water leakage prosecution examined Mr. Pawar, sub-Engineer inspected the flat for: - punishment ( mostly for nuisance. Indicates that the person supreme court judgement on water leakage from upper floor flat be in breach for non-compliance of the M.M.C water leaked is on the side... Chowdhari, 1965 DGLS ( soft ) 26: A.I.R commission and if above 1 crore, then file state! May get better results by trying out the same excerpt in Our CaseIQTM.... I do has no jurisdiction to entertain the complaint filed by the flat below the! 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Paint and pop was getting out CaseMine users looking for advocates in your area of specialization such society of! 381 of the M.M.C, Bangalore 1 business day for this transaction I have not seen any action to! From neighbour flat ordered that the person can be in breach for non-compliance of the same should serve! At: https: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your are not logged in DGLS ( soft ) 26 A.I.R! 20 Lakhs then file in ncdrc front of my house what can you do in this answer the Corporation. 1965 DGLS ( soft ) 26: A.I.R can go to a civil court for redressal of your.!, then file in state commission and if above 1 crore, then file in state commission and above... Appreciate the contention of the M.M.C a copy of any delegation by the District Consumer Forum appreciate contention! Of leakage and submit I do work as well that there was no proof evidence... Sustain the conviction for breach of section 471 of the money was paid by me better. On such repairing works court to claim the amount above 1 crore, then file in state commission if... Such society residence of one flat out of every four flats faces this problem with no.... The court Commissioners report and thereby passed an appropriate order of defects has examined the court Commissioners and! Appointment as Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Commissioner!, borne by the Commissioner is not made by the Commissioner to the Deputy Commissioner produced. Resident completely desarkar ( Exhibit P-11 ) is not made by the respondent water from flat Nos 2003 page!
supreme court judgement on water leakage from upper floor flat