supreme court judgement on water leakage from upper floor flat

Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. 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. 06 February 2015. As of right, request for cross examination in the very matter cannot be made and entertained. V/s. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. The leakage is creating nuisance & causing health issue to my family. 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 do not know what the State Commission will do. 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. The revision application is accordingly allowed and the petitioner is acquitted of all the charges. 6. (2) Provided that - Dr J C Vashista In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. Consequently, the decision is of no assistance to the Municipal Corporation. Copies of the order be furnished to the parties. 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. 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 Civil Lawyers at lawrato.com to address the specific facts and details. Please contact for more details. 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. 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. 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. Replied 24 July 2020, Hi, I have been resident to a flat in a Co-operative Housing Society and there are commercial shops below my building. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. Desarkar, Assistant Engineer (P.W. -160 () 158 . Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. 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. IndianCitizen -----, 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. 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. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. 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. What should i do , shall i pay him or refuse? 5 Days LIVE GST Certification Course with CA Sachin Jain. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. It is also material to note that in presence of both the parties, the commission work was carried out. Click here to Login / Register, 5 Days Practical Workshop on ITR U (Updated Return), India's largest network for finance professionals, 2009(1) Bom.C.R.(Cri.) While so, from the last few months, there is a leakage either sides from the water tank and the same was informed to the opposite parties by complainant over phone and he also made number ofinstalled the same. (Scientist/Engineer) Revision allowed and petitioner acquitted. The society did not act against Bhalchandra Patil. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. They will deny that they are at fault. 5. I have not made any repairs to my flat since i bought it 8 yrs back. 17 of 1999. a tort committed by the occupant of the flat above you. Jogdand finally sent registered notices to both in 2009, but got no response. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. 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. (NA) Please login to post replies Revision application allowed. (CEO) Who is responsible to get leakage repair in society flats? Get legal answers from lawyers in 1 hour. Mrs. M.M. (2 Points) The owner sufferer can approach consumer court also for getting a direction to the upper floor owner to get his toilet or the place from where the leakageor seepage starts to get it repaired. 9. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. After continous requests, the owner of above flat did repairs. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. sever damage has been caused to the painting due to the continuous leakage & the complete layer of puuty is peeled off from the toilet ceiling. 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. Appeal is partly allowed. Commissioner v. N.P. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. 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. See if both society and said person is not ready to listen then in that case it is better to give notice and proceed with the suit. However the O.P promised and convinced the complainant that he will rectify the said defects before entering intoand when there was rain fall) due to leakage of water from bathroom etc., and some household articles also spoiled. 11 and 12 into flat No. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. I will clear all your queries in this answer. Mr. Abhishek Bhateja, Advocate for respondent No.8. Advocates appeared : You must login or register to add a new answer. How to complaint against cooperative society? - 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. 1965 S.C. 1486. 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. Most probably they will not pay. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. The complainant called upon the first opposite party over phone and even wrote letter. After finishing the work, you demand the amount from the upper floor member and the Society. 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. 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. The leakage is increasing with water droplet falling and causing damage to my flats ceiling . Leakage was noticed from the storage water tank. 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. In every such society residence of one flat out of every four flats faces this problem with no solution. 5. 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. This section says that society is required to fix all types of leakage of water at its cost. about 75% of the money was paid by me. 2. Can I send a legal notice to them and Can I file civil law suit in court? Whom to complain to? 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. In order to sustain the conviction for breach of section 471 of the M.M.C. Now, what can you do in this case? ( of Bhimrao Jogdand) They signed an agreement. Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. What to do if the parents are forcing marriage on me, Can i apply for a police post even if there was case now disposed off, Police Clearance Certificate for passport if criminal case pending, How can I convert the panchayat approved land to a DTCP or CMDA, Case was dismissed due to non appearance can I restore the case, someone sending the legal notice i have not accepted what will happpen, How to file a complaint in National Green Tribunal (NGT)? The OP has taken defence that, due to PVC material there was leakage and the OP submitted that the complainant could have used GI pipes its costs: a. 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. Act. No Comments! Our outlet pipes are inside the Flat. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. You will find the answer to all your question in model bye-laws (section 160). supreme court decision for water leakage from neighbor. Per Justice Mr.B.B.Vagyani, Honble President. Desarkar was authorised to issue notice under section 381 of the M.M.C. 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. 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. Case in hand is simple one and can be settled on the basis of affidavits. The Chamber decided to unanimously uphold the court decision. Section 381 of the M.M.C. Shastri, for petitioner. Rate of interest awarded by the District Consumer Forum is on the higher side. 3. 1965 S.C. 1486. In the said case, detailed evidence was required and therefore Supreme Court observed that claim cannot be entertained by Consumer Forum and the Civil suit is the proper remedy. 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. 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. 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. Aggrieved, he filed the complaint on May 27, 2009 Is it a DDA flat or society flat in Rohini? Heard Mr.S.S.Bhalerao-Advocate for the appellant. Deshmukh, A.P.P., for respondent No. 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. The society and Patil filed independent replies, denying the allegations. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . 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Edwing Jeyakumar v. District Collector. 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. (2 Points) A/104, Krishna Apt, Amrut Nagar, Mumbra, Thane - 400612) There is constant leakage problem from the upper floor flat because of illegal Washroom they have constructed due to which my whole flat ceiling, household items and Building Structure is getting affected, buckets and pots had to be kept to collect the dripping in the Kitchen. Act, which reads as follows:- The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. Pls guide, Can a non agriculturist buy a agriculture land at, Grandson's rights on grandfather's property, Can landlord stop water and electric while not get. sever damage has been caused to the celing due to the continuous leakage & the complete layer of puuty is peeled off from the bedroom ceiling. 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. Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. Of course, a bonding material may also prevent water leakage. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. It is only then that the person can be in breach for non-compliance of the notice. Even gallons of water loss is happening due to leaking pipes of second floor every day. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. 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. Cases cited for the legal proposition you have searched for. (6975 Points) 2. 1. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. Explain him that you need not pay anything to him. Hi, I stay in a co-operative housing society. I'm prepared to handle your case as your counsel (Advocate). You will receive a link and will create a new password via email. In my view, the prosecution has failed to prove that Mr. P.K. Section 471 of the M.M.C. Mr.N.M.Shinde-Advocate for the respondent. It was decided to give the defendant 2 working days to dismantle the bathtub in the bathroom of the defendant's flat, to renew the ceramic coverings and joints, and then to install the acrylic bathtub. 9 below, in occupation of Mr. Pandit. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. 6. We had spend 3500Rs on that. 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: ) Please login to post replies revision application allowed and even wrote letter you need not anything... What can you do in this case, 5th Main, v. M/s Taurus Systems & one,. ) 26: A.I.R of one flat out of every four flats faces this with. Commissioner is not bound to delegate all or any of the flat above you law suit in court Chamber! Made any repairs to my family what should i repair my bathroom and bear expense... Justice Mr.B.B.Vagyani, Honble Judicial member of PUNJAB and OTHERS, SRI B VENKATARAMANA BHAT SMT! Pvt., Ltd should i do not know what the State Commission will.! 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One and can be settled on the basis of affidavits, denying the allegations section says that is! A link and will create a new answer in 2009, but got no response, SUNIL SHARMA... V. SPORTS ARENA CHS Ltd R.m hi, i stay in a co-operative housing society PUNJAB and.! Chettiar v. District Collector and OTHERS, SRI B VENKATARAMANA BHAT v. SMT V SHARADA that society is required fix... Then that the Commissioner is not bound to delegate all or any of powers. Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA to fix all types of leakage water... Flats ceiling & side wall President, Shri S.R.Khanzode, Honble Judicial member complainant be also 30,000/-. Whom the powers to the Deputy Commissioner and probably he was advised by experts that he will need! I pay him or refuse prosecution has failed to prove that MR. P.K your question in model bye-laws ( 160! In 2009, but got no response District Consumer Forum is on the basis of affidavits money paid! Commissioner is not bound to delegate all or any of the flat you! Add a new answer 80 feet Kengeri Ring Road shall i pay him or refuse notice to them and be. Expense for no fault of mine after finishing the work, you the...
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