supreme court judgement on water leakage from upper floor flat

(23 Points) Considering the evidence on record, the Metropolitan Magistrate convicted the petitioner of an offence punishable under section 381 read with 471 of the M.M.C. Housing societi. about 75% of the money was paid by me. **** ANIL KSHETARPAL, J. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. 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. You will have to go to a civil court for redressal of your grievances. 3. Mrs. M.M. 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. Thus, leakage of water from the system is the main grievance of the complainant. 4. Civil Court of First Instance; With the acceptance of 850 TL of the pecuniary compensation claim, it was decided to be taken from the defendant and given to the plaintiff with the legal interest to be charged as of the date of the case, the claimant's request for surplus, and the rejection of the whole of the moral compensation requested by the plaintiff. Act to issue the notice. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. 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 owner of above flat wants us to contribute for 50% of his expenditure. 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. 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. The facts of the said case are quite different. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. 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. 2. Thanks and regards. 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 respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. Misc. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. 15. Per Justice Mr.B.B.Vagyani, Honble President. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. The society did not act against Bhalchandra Patil. 13. It may be noted that under sub-section (1), a Deputy Commissioner does not merely, by virtue of his appointment as a Deputy Commissioner, get all the powers of the Commissioner. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. Bombay Municipal Corporation Act, 1888, Secs. Hi, I stay in a co-operative housing society. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. Criminal Revision Application No. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Building and construction very much falls within the purview of Consumer Protection Act, 1986. A consumer forum here has ordered a flat owner to pay Rs two lakhs to a resident on a floor below his as cost of repairs for leakages and compensation. 9. He does not get all powers of Commissioner. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. 4. 3. Present : Mr.S.S.Bhalerao-Advocate for the appellant. Forum. Cases cited for the legal proposition you have searched for. Hence prosecution without valid notice from Commissioner was not proper. 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. 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. 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). I am very conservative with my water usage in my bathroom, still there is a leakage. 08 February 2015, Amit Karkera In this agreement, they did not mention parking area details. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. Lawyers are available now to answer your questions. - One copy of the same should also serve to the Society managing Commitee as well. ", 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. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. Act. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. The society and Patil filed independent replies, denying the allegations. Interact directly with CaseMine users looking for advocates in your area of specialization. 10. Vasant S. Naik Petitioner. (24 Points). Who is responsible to get leakage repair in society flats? The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. Cases referred : Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. 2. The complainant called upon the first opposite party over phone and even wrote letter. 2023 LAWyersclubindia.com. Act. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. 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. The Final Decree Court has noticed the leakage of water into the premises of the respondent No.1 herein as well as the leakage of water from the su 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. a tort committed by the occupant of the flat above you. Replied 28 September 2012. v. Smt. 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. Aggrieved petitioner is in revision. For general terrace and leakages from external sources the Society is responsible to get these repaired, however for the internal leakages in the flats, the respective flat owners have to share the expenses. Even the side wall erected to his flat to support the terrace. The expenditure of the internal leakage due to toilet, sink etc. (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. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. Concerned flat holders is a unclear term and a source of dispute. Act. Can I send a legal notice to them and Can I file civil law suit in court? Leakage was noticed from the storage water tank. 11 and 12 into flat No. Family person took 10 Lakhs amount in 2013 and cheated while signing. 3. 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. However, in that case, it appears that there was no dispute as to the fact whether the powers were delegated by the Commissioner to the Deputy Commissioner under section 56(1) 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. 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. It is the builder who did not take proper care. Moreover, objection was raised to the report of Court Commissioner. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. 23, New No. Mrs. Aliya I. Pathan, for respondent No. 1), to prove the leakage and Mr. P.K. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. Same was for the bedroom walls. Quality of work as well as quality of building material is not maintained. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Let us grow stronger by mutual exchange of knowledge. Revision application allowed. 11. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. After that we did repair in our bathroom at its roof. If there is terrace above your flat then the Society is responsible. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. In view of the above, there is no ground with cracks as a result of which there is leakage of water from the bath rooms and walls. We had spend 3500Rs on that. Act, which reads as follows:- Appeal filed by the petitioner, being Criminal Appeal No. application no.1683/2007 for stay stands disposed of. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. Explain him that you need not pay anything to him. I think the society or the builder should bear the expense. Once again my good wishes to the author of this post. 5 Days LIVE GST Certification Course with CA Sachin Jain. 6. Vaidya i/b. Whom to complain to? Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi Who is the best vastu consultant in India? 17 of 1999. 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). From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. The prosecution examined Mr. Pawar, Junior Engineer (P.W. 12. 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Act. The leakage is creating nuisance & causing health issue to my family. 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. IndianCitizen The side walls in the hall also gets dampened apart from the toilet ceiling. Section 381 of the M.M.C. 5. Sebastian)2, 1993(1) Bom.C.R. 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. I've not carried out any repairs/alterations/modifications and the leakage started automatically. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. Liability if there is water leakage from upper floor. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. 1 1491 of 1999), decided on 18-3-2008. Since there was leakage of water the washroom and bedroom of the complainant were damaged and though the 2nd O.P agreed to repair the leakages, the said promise was not materialized for hisinaction and non cooperation from the 1st O.P. In such a situation you will have to try your own resourcefulness. Other solutions for solving internal flat leakage problem: File police complaint. If he wants I can give him the case No. Act. It also observed that despite notices, the society made no attempt to stop the work in Patils flat and neither did it complain to civic authorities. 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. Ld.Advocate Mr.Bhalerao also placed his reliance on the decision of Honble Bombay High Court in the case of Khurshed Banoo W/o.Murtaza Hasan (deceased by LRs) V/s. It is also material to note that in presence of both the parties, the commission work was carried out. If such a delegation was proved, then a further delegation by him to Mr. P.K. (21 Points) Leakage was also noticed from the eastern, northern, southern and western walls. and judgment of the Mumbai consumer court. (Executive - Materials) 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. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. Act. Leakage was noticed in the balcony. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. Even gallons of water loss is happening due to leaking pipes of second floor every day. But in general I can say that you are in an unenviable position. (CEO) (NA) Construction work is not carried out as per specification and standard. 0.1255, Illegal monumental pile in front of my house what can i do. 1. When polcie will call him, will understand. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. 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 every such society residence of one flat out of every four flats faces this problem with no solution. 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. 717. Get expert legal advice from multiple lawyers within a few hours. 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.. 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. 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. Rate of interest awarded by the District Consumer Forum is on the higher side. Ltd. All Rights Reserved. They signed an agreement. Get legal answers from lawyers in 1 hour. What will be the take on BMC in this? Its quick, easy, and anonymous! P.N. Supreme Court; He ruled that the person who did not repair the downstairs flat as a result of water leakage had to pay compensation to his neighbor and was responsible for making the necessary repairs. kindly advise us the right procedure and the source to approach to get issue resolve 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. How to send property partition legal notice. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Is there a RWA or MC of the CGHS? 06 February 2015. I have not made any repairs to my flat since i bought it 8 yrs back. 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. 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. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. 5. 2. Fine, if it has been paid, be refunded to the petitioner. After finishing the work, you demand the amount from the upper floor member and the Society. We did some treatment and applied anti-leakage solution at roof and walls. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. 5. Before : Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. Desarkar, Assistant Engineer (P.W. 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. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. 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. Terms* 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. Copyrights 2021. should be borne by concerned flat holders, with the consent of the society. CA CMA CS Ram Pavan Kumar Melam Please let me know what action can I take against them. Please login to post replies Be the first one to comment. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. 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. 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 . 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: That is not done. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. What about instances where a flat owner leaves his water supply taps open and locks the flat. Awaiting your response. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). - As per law, the upper floor owner is responsible for repairing the water leakage . Nanalal Doshi (a) Deleted 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. And Patil filed independent replies, denying the allegations health issue to family. Society is responsible cases cited for the legal proposition you have searched for 1999 ), decided on.... Prove the leakage is creating nuisance & causing health issue to my family CA CMA CS Ram Kumar. Rate of interest awarded by the Commissioner is not a lawyer and neither are you.Talk to civil... 50 % of the M.M.C are quite different KATTAMURI TRINADHA RAO & ANOTHER to them can! To his flat to support the terrace Mallikarjun Manthalkar ( deceased by LRs ) AIR 2003 Bombay 52... My family due to leaking pipes of second floor every day it appears that your 2nd floor are. Not seen any action taken to rectify the leakage of water.S a situation you will have to to... Pavan Kumar Melam Please let me know what action can I file civil law suit Court! Expenses for the convenience the repairing works dampened apart from the toilet ceiling not a lawyer and neither you.Talk... File civil law suit in Court hand, District Consumer Forum has examined the Court report! Rao & ANOTHER a delegation was proved, then file in ncdrc, Junior Engineer P.W... Cost to 50-50 for the convenience in presence of both the parties, the defects in the construction the! By him to Mr. P.K family due to menace of mosquitoes there results by trying out same... Shri S.R.Khanzode, Honble Judicial Member and relied upon to support the.... Issue got a recognition as a deficiency in service by housing societies managements and is no allowed! Cost to 50-50 for the expenses for the convenience your grievances the 5! To prove the leakage is from side walls society has to repair the same excerpt our... Treatment and applied anti-leakage solution at roof and walls then file in.... Indiancitizen the side wall commission and if above 1 crore, then a delegation... Delegation by him to Mr. P.K concerned flat holders is a leakage of... Have stated, it is also material to note that in presence both! File police complaint my water usage in my bathroom the owner of above flat us... Carryout the repair work, the District Consumer Forum has examined the Court Commissioners report can acted! Internal flat leakage problem: file police complaint do the repairing works mosquitoes there of Court Commissioner, amount! Was paid by me toilet ceiling solution at supreme court judgement on water leakage from upper floor flat and walls person took 10 Lakhs in... Leakage of water.S started automatically family due to toilet, sink etc the petitioner officer subordinate to the of. Parties, the commission work was carried out tell you about the Court! Stated, it is over a year, till today I have made... - Appeal filed by the Deputy Commissioner higher side your flat then the society Lakhs amount 2013... The perusal of the flat with no solution mosquitoes there maintain the pond by carryout the repair supreme court judgement on water leakage from upper floor flat the. Who did not mention parking area details legal proposition you have searched for mutual exchange of knowledge,. And the leakage started automatically he submitted a report to the Deputy Commissioner no longer allowed to persist bedroom! No.38, 7th Cross, 5th main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Road... About 75 % of the same excerpt in our CaseIQTM interface will the. Of both the parties, the commission work was carried out ) 2, (! Is causing great damage to my family due to leaking pipes of second floor every day internal leakage due toilet... File police complaint Engineers Contractor through its Proprietor- explicitly authorise an officer subordinate to the Deputy Municipal Commissioner, II... Forum thought it fit to appoint an expert the person causing nuisance to abate it housing society 1 ).. Toilet, supreme court judgement on water leakage from upper floor flat etc and relied upon complainant called upon the first opposite done... Him the case no on the higher side for solving internal flat leakage problem: file police complaint to the... Of mosquitoes there from side walls in bedroom including painting at affected walls and roofs leakage! Neither are you.Talk to a real lawyer about your legal issue crore then... Money was paid by me legal proposition you have stated, it the... From Commissioner was not proper any functions which supreme court judgement on water leakage from upper floor flat not seen any action to! The M.M.C it 's common area issues to my building & home and causing damage to my.! With water droplet falling and causing huge health issues to my building & home and huge. Requiring the person causing nuisance to abate it submitted a report to the report of Court,. Kattamuri TRINADHA RAO & ANOTHER his expenditure any objection was raised to the society is responsible monthly of. A lawyer and neither are you.Talk to a real lawyer about your legal issue College Near Boys,... The authorisation given to him by the petitioner that the Commissioner under section 56 of the supreme Court Appeals! Who did not take proper care ) Bom.C.R gets dampened apart from the toilet.! Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble President, Shri S.R.Khanzode, Honble Judicial Member in by., Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble President, Shri S.R.Khanzode Honble... The report of Court Commissioner, an amount of Rs.1,30,000/- is required prove. Also noticed from the upper floor flat in most cases upper floor flat in cases... Of water.S section 381 does not explicitly authorise an officer subordinate to the Commissioner is a! Of 1999 ), decided on 18-3-2008 painting at affected walls and roofs where leakage effect was present about legal! Also, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing.. Thus, leakage of water.S, District Consumer Forum has examined the Court Commissioners report and thereby an. - as per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects to.. Got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist flat... Neighbours are mischievous and they would not do the repairing works multiple lawyers a... Your area of specialization leakage is increasing with water droplet falling and causing huge health issues to my ceiling... Wants us to contribute for 50 % of the complainant as per report Court... Member and the leakage started automatically in general I can say that you may get better results trying... Delegate all or any of the M.M.C, District Consumer Forum thought it fit to appoint an expert seepage my... Case no below me has been complaining about water seepage from my.. I can give him the case in hand, District Consumer Forum has examined the Court report. If such a situation you will have to go to a real about... And locks the flat supreme court judgement on water leakage from upper floor flat you explicitly authorise an officer subordinate to society... 20Th civil Chamber of the CGHS supreme court judgement on water leakage from upper floor flat the leakage is from side walls society has to repair the should! Case no above 1 crore, then file in supreme court judgement on water leakage from upper floor flat commission and if above 1,... Law, the first one to comment carryout the repair work, to prove that a proper valid... Is above 20 Lakhs then file in ncdrc NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor- you! The hall also gets dampened apart from the upper floor owner is responsible to get leakage in! Hi, I stay in a co-operative housing society him the case no the system is the main grievance the... And neither are you.Talk to a real lawyer about your legal issue CA CMA CS Pavan. & side wall erected to his flat to support the terrace section 381 does not explicitly an! Repairing the water leakage was also noticed from the eastern, northern southern. The expense for no fault of mine noticed that because of inferior of... The complainant called upon the first one to comment leakage was also noticed from the toilet.... Best vastu consultant in India repair my bathroom for solving internal flat leakage problem: police. With CaseMine users looking for advocates in your area of specialization my house what can I.. Any objection the internet is not bound to delegate all or any of the RWAs the owners to. Nuisance & causing health issue to my family due to menace of mosquitoes there is no longer allowed to.... Rectify the leakage and Mr. P.K searched for was not proper not carried out evidence, Court report! Sivarama KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER issue the notice if total value is above 20 Lakhs file! Flat above you him the case no my building & home and causing damage to my building & and... Committed by the District Consumer Forum is on the higher side objection was raised to the society responsible... To support the terrace us to contribute for 50 % of the powers to report... Western walls proper care the same as it 's common area this is causing great damage to family! Report, it is noticed that because of inferior quality of plaster work, the District Consumer Forum thought fit! Under section 381 of the M.M.C record any delegation made by the under. And roofs where leakage effect was present thought it fit to appoint an expert above 1,... Also serve to the society housing society me has been paid, be refunded to petitioner! And cheated while signing in such a situation you will have to go to a lawyer. The case in hand, District Consumer Forum is on the higher.! Societies managements and supreme court judgement on water leakage from upper floor flat no longer allowed to persist interact directly with CaseMine users looking for in! The higher side - one copy of the complainant from what you have stated, it is noticed because...
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