application no.1683/2007 for stay stands disposed of. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. Send a legal notice, review a legal document, etc. Isn't the cost to be equally be shared by both parties? 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. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Replied 04 February 2021, Prakash Prajapati Sebastian, 1993(1) Bom.C.R. FIRST APPEAL NO.1249 OF 2007 Date of filing : 05/10/2007, IN CONSUMER COMPLAINT NO.77/2007 Date of order : 25/03/2009, DISTRICT CONSUMER FORUM, PUNE @ MISC. 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. 5. Who is responsible to get leakage repair in society flats? The forum took into consideration photographs of the damaged flat submitted by the complainant along with copies of the correspondence and accepted that the renovation had caused the damages. Versus But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. 06 February 2015. I have already held that there is no material on record to prove the delegation. -160 () 158 . Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. 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. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. (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. Anshul Goel The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? I am having a same issuebut the flat from where there is leakage is mine. There is no doubt that since the complainant was a member of the society, he was its consumer and the society was a service provider. Mrs. M.M. The society is also required to fix the roofs of the apartment and ceiling and the plaster thereon on the top floor in case theres a leakage due to rain water. ORDER (CEO) 5. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. 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. about 75% of the money was paid by me. 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. Complainant claimed Rs.1,80,000/-. 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 We, therefore, modify the rate of interest from 12% to 7% p.a. Respondents. (21 Points) Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. 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. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. (S.R.Khanzode) (B.B.Vagyani) Act. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. 8. This is all about the supreme court judgement on water leakage from upper floor flat. Get legal answers from lawyers in 1 hour. 3) it is society responsibility to repair the terrace as it forms part of common area. You must login or register to add a new answer. HOUSING SOC. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. 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. 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. 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. Sub-section 2-A provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner have been appointed, the Commissioner shall prescribe the respective duties of each of such additional Deputy Commissioners. Thanks and regards. 2. She hired service of another professional of water leakage s findings of fact arrived at by both the courts below, while dismissing the suit filed by the plaintiff for damages on account of leakage of water in the common wall. Good Luck, It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. (Scientist/Engineer) v. Smt. , 8 , , . "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. The consumer is to exercise his option. On failure of the petitioner to respond the M.M.C., through Mr. Uday Mande, Junior Legal Assistant, launched a criminal prosecution of the petitioner for the alleged offence punishable under section 381 read with 471 of the M.M.C. 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. 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. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. Kishor Mehta. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. 68. | Civil Law Guide, Separation of powers in administrative law in India, OBC Non Creamy Layer Income Limit 2019 Criteria, I got show cause notice from passport office please advise what to do, What is the validity of an agreement on Rs 10 stamp paper, What is the basic difference between Section / Rule / Article /Act, What is the procedure and grounds for filing defamation case. 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). a tort committed by the occupant of the flat above you. 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. Cases referred : That appears to have been an undisputed position. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. You will receive a link and will create a new password via email. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. If such a delegation was proved, then a further delegation by him to Mr. P.K. The internal leakage can lead to the serious health issue, structural weakness of the building & can lead to the short circuit which is the safety issues of my family & safety point ofview. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. 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. Commissioner v. N.P. Act. The Office, which finds the compensation decision in place; He ruled that the renovation in the flat on the ground floor should also be made by the owner of the flat where the water leaked. The owner of above flat wants us to contribute for 50% of his expenditure. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. Mr.N.M.Shinde-Advocate for the respondent. 6. Rejecting the contention, the Supreme Court held that though the quasi judicial power cannot ordinarily be delegated unless the law expressly or by clear implication permitted it, sections 105-D and 105-E of the M.M.C. It's quick, easy, and anonymous! IN THE HIGH COURT OF KARNATAKA AT BENGALURU 17 of 1999. The members refused to pass the resolution. 3. In lieu of above order in appeal, misc. 4. The revision application is accordingly allowed and the petitioner is acquitted of all the charges. 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. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. The Complainant member carried out the repairs and claimed the amount from the Society. Who is Responsible to Get Leakage Repair in Society Flats. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. Even gallons of water loss is happening due to leaking pipes of second floor every day. ( of Bhimrao Jogdand) Is it a DDA flat or society flat in Rohini? If the civil works guy certifies (ie give his opinion in writing) that your troubles cannot be resolved unless repairs are carried out in the terrace flat above, then you can think of legal action. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. He is so adamant after calling & informing over phone also he is not bothering to come & see the condition of the drainage water leakage & water leakage in my bedroom. The side walls in the hall also gets dampened apart from the toilet ceiling. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. (NA) 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. Absolving the flat owner on upper floor, 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. 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. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. Good Luck. Once again my good wishes to the author of this post. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. 1965 S.C. 1486. owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. 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 . In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. Leakage was noticed from the storage water tank. All rights reserved. Section 381 of the M.M.C. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. Ltd. All Rights Reserved. The Chamber decided to unanimously uphold the court decision. Act, which reads as follows:- We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. The Office, which finds the compensation decision in place; He ruled that the renovation in the flat on the ground floor should also be made by the owner of the flat where the water leaked. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. 11 and 12 into flat No. Second floor people are very rude and are not taking any actions even after asking so many times. 5. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. Nanalal Doshi It was informed, the defect was in the plumbing work. If there is terrace above your flat then the Society is responsible. Inspite of a sum of Rs.15,000/- received from the complainant the O.P did not carefew days, again it started leakage of water from the bath room thereby exposing to bad and smoul smell. How to stop water leakage from concrete roof? 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. 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. The decision of the consumer court was funny. Be the first one to comment. 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. (2 Points) Act was served on the petitioner by the Commissioner or by an officer duly authorised by him in accordance with section 68 or any other provision of the M.M.C. 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