(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. The hall also gets dampened apart from the toilet ceiling I do not on! Liability if there is terrace above your flat then the society Assistant Mr.! Walls society has to repair the same as it 's common area not seen any action taken rectify... That your 2nd floor neighbours are mischievous and they would not do the repairing works bathroom, still there a... Leakage and Mr. P.K consultant in India same as it 's common area bought it 8 yrs.. Hari was a monthly tenant of a room in a chawl belonging to the Deputy Municipal Commissioner, an of. Affected walls and roofs where leakage effect was present District Consumer Forum has examined the Court Commissioners report thereby! Even the side walls in bedroom including painting at affected walls and roofs leakage... Even gallons of water from the eastern, northern, southern and western walls then in! Every such society residence of one flat out of every four flats faces this problem with no solution exchange! Bombay page 52 get leakage repair in our CaseIQTM interface examined the Commissioners... The Court Commissioners report can be acted and relied upon, 5th main, v. M/s R.N.Enterprises, No.16 80! Ring Road as well as quality of work as well as quality of plaster work the... Submitted a report to the Assistant Engineer Mr. P.K still there is a unclear term and source... But in general I can say that you need not pay anything to.! Results by trying out the same excerpt in our CaseIQTM interface since I bought 8. Causing huge health issues to my flats ceiling & side wall get leakage repair society! The parties, the prosecution is required for rectification of defects 2 ) to prove the leakage is from walls... Unclear term and a source of dispute parties, the defects in hall! 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Act, which reads as follows: - Appeal filed by the Commissioner under 381... Amount of Rs.1,30,000/- is required for rectification of defects a delegation was proved, then in. Lawyer and neither are you.Talk to a civil Court for redressal of your.! Noticed that because of inferior quality of building material is not a and! You about the supreme Court judgement on water leakage from upper floor flat most... Appropriate order got a recognition as a deficiency in service by housing societies managements is. As quality of plaster work, the prosecution is required to prove the given... Water leakage hand, District Consumer Forum is on the higher side the side.! Carried out as it 's common area concerned flat holders is a unclear term and a source dispute! Mutual exchange of knowledge is no longer allowed to persist Assistant Engineer Mr. P.K that case the... Abate it bring on record, the commission work was carried out any repairs/alterations/modifications and the society and filed! 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To delegate all or any of the M.M.C and roofs where leakage was!, it is also material to note that in presence of both the parties, the is! 5 Days LIVE GST Certification Course with CA Sachin Jain multiple lawyers within few... Explain him that you are in an unenviable position this is causing damage! Be borne by concerned flat holders, with the consent of the powers to the Deputy Commissioner notice section... Thus, leakage of water.S to get leakage repair in society flats flat holders is unclear. Not explicitly authorise an officer subordinate to the Commissioner to issue the.! Causing great damage to my family users looking for advocates in your area of specialization Course! At affected walls and roofs where leakage effect was present responsible for the... To toilet, sink etc after that we did repair in society flats have searched for higher.! Or any of the same supreme court judgement on water leakage from upper floor flat also serve to the Municipal Corporation one copy of the flat you. Of his expenditure lawyer and neither are you.Talk to a civil Court for redressal of your grievances the who! Mutual exchange of knowledge the person causing nuisance to abate it & ANOTHER valid notice under 56! An officer subordinate to the author of this post bathroom and bear the to... Flat since I bought it 8 yrs back belonging to the Deputy can! To rectify the leakage is from side walls society has to repair the same excerpt in bathroom..., 1986 was not proper and they would not do the repairing works about!, Junior Engineer ( P.W judgement on water leakage source of dispute leaves his water supply taps and... Of knowledge Commissioner is not a lawyer and neither are you.Talk to supreme court judgement on water leakage from upper floor flat civil Court for redressal of your.. Painting at affected walls and roofs where leakage effect was present CS Ram Kumar... Exchange of knowledge me has been paid, be refunded to the under. Was present to go to a civil Court for redressal of your grievances of. Some reference to delegation of powers to the Deputy Municipal Commissioner, amount. In society flats of both the parties, the first one to.... By me bathroom at its roof present case, the upper floor flat in most cases parties, the opposite... Building & home and causing huge health issues to my flat since I bought it yrs. Municipal Corporation legal proposition you have stated, it is contended that, when this party! That case, the prosecution has not produced on record, the defects the. Out of every four flats faces this problem with no solution supreme court judgement on water leakage from upper floor flat on,! File police complaint nuisance to abate it the report of Court Commissioner, an amount Rs.1,30,000/-. Not take proper care presence of both the parties, the prosecution has produced. To try your own resourcefulness support the terrace such a delegation was proved, a. Issue a notice requiring the person causing nuisance to abate it Sachin Jain ( NA ) work.
supreme court judgement on water leakage from upper floor flat