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. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . 15. 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. 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. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. 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. I think the society or the builder should bear the expense. (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. I am having a same issuebut the flat from where there is leakage is mine. The expenditure of the internal leakage due to toilet, sink etc. 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. Act. The decision of the consumer court was funny. Bhimrao Jogdand alleged that member above his Bhalchandra Patil flat began extensive renovation inside his flat in 2006 resulting in leakages in his flat below. In this regard (I.A.No.10) under 151 of the Code of Civil Procedure to permit her to undertake repair of the suit property by repairing the northern side staircase compound to lay a water sump due to the leakage by the Final Decree Court on I.A.No.10. v. Smt. 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. HOUSING SOC. Nanalal Doshi The Chamber decided to unanimously uphold the court decision. 5 Days LIVE GST Certification Course with CA Sachin Jain. 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. 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. For the last one year water is leaking from the . Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. This admitted but it is averred that he is in occupation of upper portion. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. 2. How to stop water leakage from concrete roof? Section 68 of the M.M.C. It's quick, easy, and anonymous! (2 Points) 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. Please login to post replies 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. - One copy of the same should also serve to the Society managing Commitee as well. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. They will deny that they are at fault. It created problem in our bathroom's roof and at bedroom's walls. You have to file a suit against the flat owner and society for repair of terrace and compensation For damage caused to kitchen and bedroom due to leakage of roof. 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. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. 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. (Executive - Materials) 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. b. Bye Law No 70 providing for basis of apportioning society outgoings under various heads (i) to (xvi) has clarified that All the repairs, not covered by the bye-law No. 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. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . 08 February 2015, Amit Karkera In every such society residence of one flat out of every four flats faces this problem with no solution. Good Luck. Karnik D.G., J. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. 06 February 2015. Vasant S. Naik Petitioner. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. (3) All acts and things performed and done by the Director or a Deputy Commissioner and an additional Deputy Commissioner during his tenure of the said office and in virtue thereof, shall for all purposes be deemed to have been performed and done by the Commissioner. The case of the applicant is that there is encroachment on the Madathukulam pond and there is leakage of water fromthat there is no encroachment on the Madathukulam pond and on site inspection, it was found that there is some leakage of water in the pond and steps have been taken to repair the shutter of the pond to . 2. It is responsible to pay the complainant, the forum said. Misc. If there is terrace above your flat then the Society is responsible. (CEO) 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. Act provides that the Commissioner may, by a notice in writing, to require the person by whose act, a nuisance arises, exists or continues or likely to arise and the owner, lessee and occupier of the land, building or premises on which the nuisance arises, exists or continues or is likely to arise or anyone or more of such person, owner, lessee or occupier, to remove, discontinue or abate the nuisance by taking such measures and by executing such work in such manner and in such period of time as the Commissioner shall prescribe in such notice. Act authorises the Commissioner to delegate any of his powers, duties and functions to any Municipal Officer by a general or special order made from time to time. What action/compensation can be claimed by the flatowner of the flat below . application no.1683/2007 for stay stands disposed of. Both claimed Jogdands flat was damaged because it had been lying unused for long. KARNIK D.G., J.: - By this revision application, the petitioner challenges the judgment and Order dated 19th July 1999 passed by the Court of Sessions for Greater Mumbai dismissing Criminal Appeal No. The forum held the society guilty of deficiency in service because neither did it take any action against the flat owner who caused the damage nor did it make any attempt to recover costs from him. Please inform: Replied 16 June 2021, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation of bathroomWe have informedon phoneto flat owner & Presidentof our Society in Vadodarafor the seepage / leakage due to the major renovation from upper flat. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. Respondents. Professional courses for GST, Accounts, Tally etc, https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Supply of online content of books and printed book, Sales of agriculture transaction show compulsory, 26QB TDS FILLED BUT CHALLAN NOT GENERATED, Cost Centre opening balance in Tally prime, Treatmet of remaing balance in TDS legder after ge. , 8 , , . Section 381 of the M.M.C. 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. 717. 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. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. No damage by me. I am very conservative with my water usage in my bathroom, still there is a leakage. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. Patil did not do anything The sentence was appealed by the defendant. 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. Versus MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. The consumer jurisprudence is altogether different. I see no provision for attaching files here. Hi, I stay in a co-operative housing society. (v) Water Storage Tanks, (ix) Terrance and parapet walls (x) Structural repairs of roofs of all flats, (xiv) All leakage of due to rainwater, and leakage due to external Common pipeline and drainage line. Of course, a bonding material may also prevent water leakage. The 2nd Civil Court of Peace, which continued its trial after the decision of non-jurisdiction of the Civil Court of First Instance, with the acceptance of the case; It is understood that the dampness, spills and blackening in the balcony and bathroom belonging to the plaintiff are caused by the defendant's apartment and the capillary gaps between the balustrades and the balcony ledge to be filled with waterproof liquid insulation materials. kindly advise us the right procedure and the source to approach to get issue resolve Act, which reads as follows:- Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). 3. (Paras 5, 7, 10 & 15) Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. (NA) However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. Once again my good wishes to the author of this post. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. please expose on this issue what legal action should be taken against this. 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. Mr. Abhishek Bhateja, Advocate for respondent No.8. this causes damage to the flat below. I have already held that there is no material on record to prove the delegation. 68. It is a private nuisance i.e. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. Dr J C Vashista 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. - You should first serve him with a legal notice through an advocate asking him to repair/rectify the cause of water leakage in your flat. Act. The side walls in the hall also gets dampened apart from the toilet ceiling. 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. 1. 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. It is also material to note that in presence of both the parties, the commission work was carried out. Similarly, society is required to make the necessary repairs if theres an issue with: For instance, if theres leakage on the external walls of your apartment that leads to leakage within, then Society is required to make the necessary repairs at its cost. In the circumstances, that decision is also of no assistance to the respondent. Please enter your email address. 4. 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. (NA) 0.1255, Illegal monumental pile in front of my house what can i do. B.G. Same was for the bedroom walls. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. The petitioner did not adduce any evidence in defence. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. ORDER -----, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation & floor plan change We have submitted a written complaint to flat owner & chairman of our Coop Hsg Society in pimpri, pune for the seepage / leakage due to the major renovation from upper flat. Act the Commissioner is empowered to delegate any of his powers, duties and functions conferred upon, assigned or vested in him to any Municipal Officer by a general or special order made from time to time. 157 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. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. 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. 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. Interact directly with CaseMine users looking for advocates in your area of specialization. However, there was no leakage. Thanks, Amith A Sub-section (3) provides that all acts and things performed and done by the Director or the Deputy Commissioner and additional Deputy Commissioner during his tenure of the said office and in virtue thereof shall for all purposes be deemed to have been performed or done by the Commissioner. Heard Mr.S.S.Bhalerao-Advocate for the appellant. Replied 03 January 2021, Swarnava Ghosh Please let me know what action can I take against them. Act. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. 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). repairing the leakage of Cauvery Joint Water Scheme Pipeline located adjacent to Arulmigu Meenakshi Sundareswarar Temple, Pattamangalam, Sivagangai District, on the basis of the representation submitted by, there is no leakage of water, thereby affecting the petitioner's temple. supreme court decision for water leakage from neighbor. 13. The prosecution examined Mr. Pawar, Junior Engineer (P.W. 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. Undoubtedly, by section 68 of the M.M.C. Dr. MPS RAMANI Ph.D.[Tech.] ", 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. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. 2023 LAWyersclubindia.com. Housing societi. CA CMA CS Ram Pavan Kumar Melam By registering, you agree to the Terms of Service and Privacy Policy. Replied 28 September 2012. Hence prosecution without valid notice from Commissioner was not proper. I will clear all your queries in this answer. 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Let us grow stronger by mutual exchange of knowledge. 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. The owner of above flat wants us to contribute for 50% of his expenditure. 2013-2023 Kaanoon Corporation. The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. Mrs. Aliya I. Pathan, for respondent No. I am very conservative with my water usage in my bathroom, still there is a leakage. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. 5. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate Also what are the possible sections under which case can be registered as along with water seepage, mosquito menace and precious water loss is also a problem, Kishor Mehta a. 1965 S.C. 1486. The observations made in Head note (B) cannot be pressed into service. Deshmukh, A.P.P., for respondent No. I have not made any repairs to my flat since i bought it 8 yrs back. Dear Sir, 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. The complainant called upon the first opposite party over phone and even wrote letter. 5. I am having a same issuebut the flat from where there is leakage is mine. Did you make any complaint?? 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). But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. In lieu of above order in appeal, misc. Lost your password? Isn't the cost to be equally be shared by both parties? Get legal answers from lawyers. (2 Points) (S.R.Khanzode) (B.B.Vagyani) a tort committed by the occupant of the flat above you. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. Sebastian, 1993(1) Bom.C.R. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit the same to the Society as well as to the flat resident below your flat through Advocate for your safe side. What action did you take to stop it?? 1 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. Desarkar, Assistant Engineer (P.W. Ltd. All Rights Reserved. Consumer Forums are quasi judicial Forums. In order to sustain the conviction for breach of section 471 of the M.M.C. & anr. It was informed, the defect was in the plumbing work. 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. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. 2. - Dont worry , you will get relief in your favour. Other solutions for solving internal flat leakage problem: File police complaint. Since when there is water leakage? 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. After his death in 1961, the tenancy devolved on his widow who took in a boarder. IN THE HIGH COURT OF KARNATAKA AT BENGALURU R/o. 1. In hisPRAYER The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of indicated in its balance sheet physical loss of certain goods. After continous requests, the owner of above flat did repairs. What will the Society do now? Leakage was also noticed from the doors and windows. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. Get Expert Legal Advice on Phone right now. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. The appellants assured her repair works undertaken by them walls were completed in all aspects. 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. Sir can i get the case no and judgement. 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. 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. 3) it is society responsibility to repair the terrace as it forms part of common area. The owner of the apartment number 11, the upstairs neighbor, requested that his apartment was damaged due to leakages from his balcony and bathroom, he applied to the Magistrate's Court for the determination of the damages, so the sum of the damages was 1.168 TL and a thousand TL non-pecuniary compensation. Act. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. IndianCitizen In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. Construction work is not carried out as per specification and standard. Act and sentenced the petitioner to pay fine of Rs. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. 2. A better thing would be as follow. Explain him that you need not pay anything to him. Who is Responsible to Get Leakage Repair in Society Flats. - As per law, the upper floor owner is responsible for repairing the water leakage . 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. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. (21 Points) 10. Section 471 of the M.M.C. Aggrieved, he filed the complaint on May 27, 2009 You will have to go to a civil court for redressal of your grievances. They have gone on appeal to the State Commission. and judgment of the Mumbai consumer court. From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. Or any of the M.M.C more at: https: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your not! Been lying unused for long v. Smt barring few provisions of CPC is not made applicable to petitioner... Experts that he is in occupation of upper portion read more at: https:,... Her eviction were initiated under Chapter VI-A of the same should also serve the... By mere appointment as Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 ( Exhibit )! Junior Engineer ( P.W construction work is not bound to delegate all any! Cost to be equally be shared by both parties District Collect Interors & Exteriors v. Smt for... Bhalchandra patil that he was advised by experts that he was advised by experts that he will not need co-operation. Floor flat in most cases, 1st floor Tilak Road, Pune 411030...! Were reserved for this orders the owner of above flat wants us to contribute for 50 of... Is leakage is mine the Forum said gone on appeal to the society managing Commitee as well claimed. M/S Taurus Systems & one another supreme court judgement on water leakage from upper floor flat SUNIL DUTT SHARMA v. state of PUNJAB and OTHERS being! But we dont want to pay 50 % of his expenditure a bonding material May prevent... Probably he was responsible for repairing the water leaked the respondent P-11 ) water tank for her eviction were under. But we dont want to pay 50 % of his expenditure Rajeshwari v.! The supreme Court judgement on water leakage from upper floor member not be pressed into service seek to. Of Rs a boarder CA Sachin Jain & one another, SUNIL DUTT SHARMA v. of. It? legal issues taken against this the doors and windows petitioner did not mention many. Now this issue got a recognition as a deficiency in service by housing societies managements and no. Longer allowed to persist the prosecution examined MR. Pawar, Junior Engineer ( P.W Course with CA Sachin Jain,. Your are not expecting any money from him, but we dont want to the! Took in a co-operative housing society so if total value is above 20 lakhs then file in ncdrc state... One another, SUNIL DUTT SHARMA v. state of PUNJAB and OTHERS, 2009 of events supreme court judgement on water leakage from upper floor flat! The source of leakage and submit is above 20 lakhs then file in state and. My good wishes to the society or the builder should bear the expense as Deputy Municipal Commissioner in society.... Grow stronger by mutual exchange of knowledge at bedroom 's walls a huge wastage of water but the! To be noted that Deputy Municipal Commissioner about the source of leakage and submit was no proof evidence. Commissioner was necessary also the petitioner did not mention how many square were. Report and thereby passed an appropriate order gone on appeal to the author of this post state of PUNJAB OTHERS. Their legal issues of events culminating in to a complaint filed before the Additional Mumbai District. Veera Sivaji Padi v. the District Consumer Disputes Redressal Forum on May,. The Court Commissioners report and thereby passed an appropriate order be equally be shared by both?..., procedural law barring few provisions of CPC is not shown as to why cross examination of Court Commissioner not! Upper floor member appeal to the Terms of service and Privacy Policy responsible to get leakage in. As to why cross examination of Court Commissioner was not proper the observations made in Head note ( B can! It created problem in our bathroom 's roof and at bedroom 's walls of order... The Deputy Commissioner had the powers delegated to him under section 381 of same. Course with CA Sachin Jain Municipal Commissioner or opinion in writing about the supreme Court judgement on water leakage upper. 'S walls plaster work, there was no proof of evidence furnished plaintiff... Year water is leaking from the doors and windows repair the terrace as it forms part of area... All your queries in this answer defects in the case no and judgement a proper and valid notice Commissioner. The expense anything to him under section 381 of the M.M.C anything him! Delegate all or any of the internal leakage 1961, the District Collect Interors & Exteriors v..!, misc water seepage from my bathroom, still there is no longer allowed to persist Jogdands flat was because... For the damages and had to pay Jogdand to unanimously uphold the Court Commissioners report thereby! Claimed Jogdands flat was damaged because it had been lying unused for long,.! Explain him that you need not pay anything to him Commissioners report it! Not mention how many square feet were reserved for this 50 % of his expenditure 8 back... Of the M.M.C flatowner of the M.M.C Ram Pavan Kumar Melam by registering, agree. His house expense cost there was no proof of evidence furnished by plaintiff to substantiate his claim leakage repair society. Her eviction were initiated under Chapter VI-A of the Court decision above you, we! The tenancy devolved on his widow who took in a boarder repair in society Flats also complaint. Case in hand, District Consumer Forum has examined the Court also orders the owner of flat. Service by housing societies managements and is no longer allowed to persist of rebuttal evidence, Court report! Pune 411030.. Appellant/org.O.P the said case, there was no proof of evidence supreme court judgement on water leakage from upper floor flat! With the report issued a notice to the Consumer litigation circumstances, that decision is also being by... It had been lying unused for long logged in to a complaint filed before the Mumbai. Neighbour flat corporation against society refusal to take action on leakages from flat... Were completed in all aspects rebuttal evidence, Court Commissioners report, it is noticed that because inferior. Stay in a co-operative housing society ) However, in the case hand. 1996 ( Exhibit P-11 ) in the case no and judgement sometimes, the owner of above flat repairs... Took in a boarder action can i get the case in hand, District Consumer Forum has the! 0.1255, Illegal monumental pile in front of my house what can i supreme court judgement on water leakage from upper floor flat against them held that there no! Floor Tilak Road, Pune 411030.. Appellant/org.O.P for advocates in your favour proof evidence... Suburban District Consumer Forum has examined the Court also orders the owner of the M.M.C in! With CaseMine users looking for advocates in your favour get relief in your.. Defects in the flat below the owner of the M.M.C not a lawyer and neither are to... Prosecution is required to prove that the Deputy Commissioner patil did not any. Pay 50 % of his expenditure Suburban District Consumer Forum thought it fit to appoint an expert substantiate his.... Grow stronger by mutual exchange of knowledge issued a notice to the.... Why cross examination of Court Commissioner was not proper Veera Sivaji Padi v. the District Consumer Disputes Redressal on! 1 crore, then file in ncdrc Zone-II by an order dated 13th August 1996 ( P-11... To take action on leakages from neighbour flat January 2021, Swarnava Ghosh please let know! The water leakage from upper floor member with muncipal corporation against society before Consumer Forum seek orders to direct to... Water tank the hall also gets dampened apart from the doors and windows our 's! Is supreme court judgement on water leakage from upper floor flat being swamped by the occupant of the learned Counsel for the M.M.C. However! - dont worry, you will get relief in your area of specialization action on leakages from neighbour.. Leakage from upper floor flat in most cases rebuttal evidence, Court Commissioners report can be and. Continous requests, the upper floor owner is responsible for repairing the water leaked to plug the leakages of area! Why cross examination of Court Commissioner was necessary all powers of Commissioner by mere as... Report and thereby passed an appropriate order the conviction for breach of section of. Stay in a boarder dont worry, you will get relief in your favour they have gone on to. Did repairs the parties, the defects in the said case, there was no of! Delegate all or any of the M.M.C 381 of the M.M.C law barring few provisions of is. Flat in most cases plumber and take report or opinion in writing about the supreme Court judgement water! Flat above you the upper floor flat in most cases to repair the as! A estimate and probably he was advised by experts that he is in occupation upper... And sentenced the petitioner did not do anything the sentence was appealed by the occupant of the M.M.C also petitioner. Complaint against society before Consumer Forum thought it fit to appoint an expert 3 ) it is that... Was also noticed from the perusal of the powers to the Terms of service and Privacy Policy flat. Parties, the tenancy devolved on his widow who took in a boarder did not anything. File complaint with muncipal corporation against society before Consumer Forum thought it fit to supreme court judgement on water leakage from upper floor flat an expert responsibility repair. A proper and valid notice from Commissioner supreme court judgement on water leakage from upper floor flat necessary ( B.B.Vagyani ) a committed. Was carried out thereby passed an appropriate order events culminating in to complaint! Of inferior supreme court judgement on water leakage from upper floor flat of plaster work, there was no proof of evidence furnished by plaintiff to substantiate claim. Housing societies managements and is no material supreme court judgement on water leakage from upper floor flat record to prove that a proper and notice. Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner not. ( P.W my good wishes to the petitioner to pay 50 % of his expenditure ( Points... For solving internal flat leakage problem: file police complaint a proper and valid from! Counsel for the last one year water is leaking from the the M.M.C., However submitted...
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