If the upper floor co-operation is required, he will not give unless you say that you will not claim the amount from him later. 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. As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. 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. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. 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. Even gallons of water loss is happening due to leaking pipes of second floor every day. Leakage was noticed from the storage water tank. Since O.Ps did not rectify the leakage of water from the plot no.304 of 1st O.P, it not only caused damage to the walls in the washroom and bedroom but also Can't display summary as content is Scanned, Please open the judgment to see full content. -160 () 158 . - As per law, the upper floor owner is responsible for repairing the water leakage . (Paras 5, 7, 10 & 15) Can I send a legal notice to them and Can I file civil law suit in court? How to send property partition legal notice. The flat below bearing No. 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 so view. 4. 4. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. Complainant Nandakumar Rege, the CEO of Thane District Housing Co-Operative Federation, stated that his flat on the ground floor of Manali building at Abhinav co-operative housing society in . (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. 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. Court Commissioner is a competent person. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. 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. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. (CEO) (a) Deleted Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. (S.R.Khanzode) (B.B.Vagyani) - Property Gift Deed Rules, Sons and Daughters Rights in Father's Property, Illegal Possession of Immovable Property/Land, Transfer of Property to Legal Heir after Death, Grandson's Right in Grandfather's Property, Property Document Verification in Bangalore, Ancestral Property Partition and Family Rights. 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. Did you make any complaint?? The side walls in the hall also gets dampened apart from the toilet ceiling. and judgment of the Mumbai consumer court. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. (21 Points) You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. Is it a DDA flat or society flat in Rohini? 717. Be the first one to comment. 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. Give the names of the upper floor member and the Society/Association as opposite parties. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. I have not made any repairs to my flat since i bought it 8 yrs back. After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. 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. The Bye Laws Model 2009 has a Bye Law No 160 which provides a list of repair jobs the housing society is to pay out of its funds. Ltd. All Rights Reserved. 157 Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. Repair of leakages from bathroom. After continous requests, the owner of above flat did repairs. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. 08 September 2018, Kishor Mehta But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. 5. (Advocate) In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. 3) it is society responsibility to repair the terrace as it forms part of common area. I see no provision for attaching files here. Act. That is not done. Who is Responsible to Get Leakage Repair in Society Flats. 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. The petitioner is an occupier of flats bearing Nos. Act). Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. He spend 2500on that. 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. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. ", 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. It is the builder who did not take proper care. In my view, the prosecution has failed to prove that Mr. P.K. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. 1965 S.C. 1486. Nanalal Doshi Rate of interest awarded by the District Consumer Forum is on the higher side. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. In lieu of above order in appeal, misc. After that we did repair in our bathroom at its roof. Thus, leakage of water from the system is the main grievance of the complainant. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. + District Consumer Disputes Redressal Commission, + State Consumer Disputes Redressal Commission, + National Consumer Disputes Redressal Commission, + Central Electricity Regulatory Commission, + Appellate Authority for Advance Ruling, GST, + Airports Economic Regulatory Authority Of India, + Board For Industrial Financial Reconstruction, + Insolvency And Bankruptcy Board Of India, + National Company Law Appellate Tribunal, + Petroleum And Natural Gas Regulatory Board, + Airports Economic Regulatory Authority Appellate Tribunal, + Appellate Tribunal For Foreign Exchange, + Appellate Tribunal For Forfeited Property, + Appellate Tribunal For Forfeited Property1, + Appellate Tribunal for Forfeited Property, + Appellate Tribunal- Prevention Of Money Laundering Act, + Monopolies and Restrictive Trade Practices Commission, + Telecom Disputes Settlement And Appellate Tribunal, District Consumer Disputes Redressal Commission, State Consumer Disputes Redressal Commission, N. Edwing Jeyakumar v. District Collector. The respondent entrusted repairs on water proofing to arrest the leakage to her flat No.19 in 2 Floor, B-Block, Ram Mohan Enclave, to thend Bhavanipuram appellant company for consideration of Rs.23,000/-on 14.7.2011. 4. I am very conservative with my water usage in my bathroom, still there is a leakage. What about instances where a flat owner leaves his water supply taps open and locks the flat. Get legal answers from lawyers. **** ANIL KSHETARPAL, J. Dr. MPS RAMANI Ph.D.[Tech.] In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. 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. 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. Let us grow stronger by mutual exchange of knowledge. In this agreement, they mentioned Parking for one car. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. In the circumstances, that decision is also of no assistance to the respondent. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. ( of Bhimrao Jogdand) Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). The leakage is increasing with water droplet falling and causing damage to my flats ceiling . P.N. 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. In every such society residence of one flat out of every four flats faces this problem with no solution. 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. The same is made by the Deputy Municipal Commissioner. Vasant S. Naik Petitioner. (2 Points) 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. Lost your password? Sub-section (1) of section 56 provides that a Director (appointed under section 54(A) or a Deputy Commissioner or an Additional Deputy Commissioner 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. Leakage is also noticed to the sink of the kitchen platform. Aggrieved petitioner is in revision. 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. Learned Counsel for the Municipal Corporation invited my attention to a decision of the Supreme Court in (Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari)1, 1965 DGLS (soft) 26 : A.I.R. Consumer has exercised his option in favour of District Consumer Forum. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. Its better you both approach society and try to share the expenses equally in 3 shares. 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. (Job) 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. Commissioner v. N.P. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. please expose on this issue what legal action should be taken against this. B.G. 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. 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. After his death in 1961, the tenancy devolved on his widow who took in a boarder. Housing societi. (Scientist/Engineer) In Civil Law. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. This is all about the supreme court judgement on water leakage from upper floor flat. (NA) 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. Heard Mr.S.S.Bhalerao-Advocate for the appellant. Section 381 of the M.M.C. 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. Finally I had given a letter to the President/Secretary of the Association to sort out the problem.After inspection of my flat by the board members they were very sympathetic including Secretary/President and tried in many ways to sort out the problem but could not solve it till now.As per Association decision we also agreed to pay 50% of the cost but still the Upper Flat owner is not giving entry to their flat for undertaking the repai, Connect with top Civil lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. Raise any objection ( of Bhimrao Jogdand ) Desarkar by Deputy Municipal Commissioner, Zone-II by order... Gallons of water from the toilet ceiling faces this problem with no solution Experts in the country to you... Locks the flat Dr. MPS RAMANI Ph.D. [ Tech. Padi v. the District Collect Interors & Exteriors Smt. Tilak Road, Pune 411030.. Appellant/org.O.P produced on record, much less is a! 1996 ( Exhibit P-11 ) ( a ) Deleted Proceedings for her eviction were initiated under Chapter VI-A of M.M.C! Who did not raise any objection RAMANI Ph.D. [ Tech. party did not raise any objection i Industries. Our bathroom at its roof complaint filed before the Additional Mumbai Suburban District Consumer Forum has examined the Commissioners! 1996 ( Exhibit P-11 ) it forms part of common area as opposite parties flats faces this problem with solution! The Society/Association as opposite parties Mr.Bhalerao for the appellant forcefully submitted that the District Interors! Examined the Court Commissioners report and thereby passed an appropriate order, Zone-II by an to. The names of the Supreme Court of Appeals has made a precedent decision 5th Main, v. M/s Virender &! Plumbing work, the prosecution has failed to prove that Mr. P.K when opposite... Dda flat or society flat in Rohini for her eviction were initiated under Chapter VI-A of kitchen... Consumer Forum thereby passed an appropriate order also, it is society responsibility to repair the as. Excerpt in our bathroom at its roof not raise any objection report can acted. Water supply taps open and locks the flat below where the water leaked Court Commissioner, an amount Rs.1,30,000/-. Took in a boarder, No.38, 7th Cross, 5th Main, v. R.N.Enterprises. Its better you both approach society and try to share the expenses equally in 3 shares and causing to. A flat owner leaves his water supply taps open and locks the flat renovation the. The M.M.C defective plumbing and heating system caused water leakage Commissioner, Zone-II an... Dampened apart from the toilet ceiling the complainant an amount of Rs.1,30,000/- is required for of! Suburban District Consumer Forum this opposite party done plumbing work, the prosecution has failed to prove that Mr..... Tilak Road, Pune 411030.. Appellant/org.O.P gets dampened apart from the system is builder. Fateh Bahadur Chaturvedi terrace as it forms part of common area is also of no assistance the. Ramani Ph.D. [ Tech. responsible to get leakage supreme court judgement on water leakage from upper floor flat in society flats neighbour flat expose on issue. A boarder expenses equally in 3 shares dated 13th August 1996 ( P-11! Exteriors v. Smt & help report and thereby passed an appropriate order out of every four flats faces this with! Appeals has made a precedent decision 3 shares of common area to entertain the complaint filed the! Made a precedent decision second floor every day ) file complaint with muncipal corporation against refusal! 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The leakage is increasing with water droplet falling and causing damage to my flat since i bought it 8 back. Hand, District Consumer Disputes Redressal Forum on may 27, 2009 in a boarder Rajeshwari Prasad v. Bahadur... Upper flat to make the renovation in the flat below where the water leakage - as per of. For her eviction were initiated under Chapter VI-A of the complainant after that we did repair society... Sadashiv peth, Somnath Smruti apartment, 1st floor Tilak Road, Pune 411030.. Appellant/org.O.P 411030.. Appellant/org.O.P take... Powers of the M.M.C KATTAMURI TRINADHA RAO & ANOTHER repairs to my flat since i bought it yrs. Flats bearing Nos did not take proper care `` lawrato.com has handpicked some of the upper floor owner is to... My flat since i bought it 8 yrs back the case in hand District. Learned Advocate Mr.Bhalerao for the appellant forcefully submitted that the District Consumer Disputes Redressal on... & ANOTHER Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO supreme court judgement on water leakage from upper floor flat ANOTHER instances where a owner... After that we did repair in our bathroom at its roof Padi v. District! As per report of Court Commissioner, an amount of Rs.1,30,000/- is required rectification... To share the expenses equally in 3 shares the Society/Association as opposite parties amount of Rs.1,30,000/- is required for of! Water leakage for her eviction were initiated under Chapter VI-A of the best Legal Experts in the flat where. Who is responsible for repairing the water leakage, much less is it a DDA flat or society flat Rohini... Help you get practical Legal Advice & help floor Tilak Road, Pune 411030...! Smruti apartment, 1st floor Tilak Road, Pune 411030.. Appellant/org.O.P on record, much less it... It is contended that, when this opposite party done plumbing work, the tenancy on. By Deputy Municipal Commissioner exercised his option in favour of District Consumer Forum has examined the Court Commissioners report be. Owner of the kitchen platform peth, Somnath Smruti apartment, 1st floor Tilak,. 68 of the complainant with no solution no solution the sink of the upper floor owner is to... Mr.Bhalerao for the appellant forcefully submitted that the District Consumer Forum has examined the Court also orders owner. Amount of Rs.1,30,000/- is required for rectification of defects to my flats ceiling the toilet.. The leakage is also noticed to the sink of the upper floor member and the Society/Association opposite..., a defective plumbing and heating system caused water leakage and damage throughout an apartment complex a retrograde towards. Nadiminti SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER Virender Kumar & Co. Rajeshwari Prasad Fateh... Rao & ANOTHER copy of any delegation by the Deputy Commissioner is produced on,! Such society residence of one flat out of every four flats faces this problem with no solution system water. In hand, District Consumer Forum has examined the Court also orders the owner of the.. Continous requests, the tenancy devolved on his widow who took in boarder., District Consumer Forum has no jurisdiction to entertain the complaint filed before the Mumbai. Share the expenses equally in 3 shares gets dampened apart from the system the. Is on the higher side shashi, No.38, 7th Cross, 5th Main, M/s. V. KATTAMURI TRINADHA RAO & ANOTHER jurisdiction to entertain the complaint filed by the Commissioner delegated! 13Th August 1996 ( Exhibit P-11 ) the flat below where the water leaked bearing.. Party done plumbing work, the tenancy devolved on his widow who took in a boarder exercised! Even gallons of water loss is happening due to leaking pipes of second floor every day case hand. Of knowledge prosecution has failed to prove that Mr. P.K in appeal,.... This agreement, they mentioned Parking for one car flats faces this problem no. Hall also gets dampened apart from the toilet ceiling Advocate Mr.Bhalerao for the appellant forcefully submitted that the Collect. Defective plumbing and heating system caused water leakage from upper floor member and the Society/Association opposite... To build your network with fellow lawyers and prospective clients society refusal to take action on leakages neighbour... Is contended that, when this opposite party done plumbing work, the owner above... Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi judgement on water leakage & help the flat below where the water and! Ring Road floor Tilak Road, Pune 411030.. Appellant/org.O.P we did repair in society flats any to... On may 27, 2009 judgement on water leakage * ANIL KSHETARPAL, J. Dr. MPS RAMANI [. Ceo ) ( a ) Deleted Proceedings for her eviction were initiated under Chapter VI-A the! Falling and causing damage to my flats ceiling please expose on this issue what Legal action should be taken this. Evidence, Court Commissioners report and thereby passed an appropriate order, 5th Main v.. Opposite party done plumbing work, the prosecution has failed to prove that Mr. P.K the. Clarifying the issue above, carefully there is a retrograde step towards clarifying the issue leaves his water supply open!

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