supreme court judgement on water leakage from upper floor flat
9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. 9 situated on the second floor of the building is in occupation of Mr. Pandit. Housing societi. First of all you got to get the situation assessed by a civil works (construction/renovation) professional, whether the leakage is due to the terrace flat above you. Other solutions for solving internal flat leakage problem: File police complaint. Act. All Most probably they will not pay. He does not get all powers of Commissioner. In every such society residence of one flat out of every four flats faces this problem with no solution. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate (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. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. Mrs. Aliya I. Pathan, for respondent No. 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. We did some treatment and applied anti-leakage solution at roof and walls. Four rooms vacated in lower portion are stated to be unfit for living or professional use due to leakage of water and dampnesseffectively be done only by appointment of a Commissioner who may ascertain if there was leakage of water and it was damp. Delegation of powers of Municipal Authorities.- Any of the powers, duties and functions conferred upon, assigned to or vested in the Corporation the Mayor, Commissioner or the General Manager, Brihan Mumbai Electric Supply and Transport Undertaking, by or under this Act, may be exercised, performed or discharged by any Municipal Officer to whom such powers, duties and functions are delegated by the concerned authority by general or special order made, from time to time, in this behalf. 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 . Actually the upper floor owner is responsiblefor carrying out the repair to his toilet etc., so that the seepage do not come from his house to the lower house. 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. Who is the best vastu consultant in India? All rights reserved. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. Vasant S. Naik Petitioner. Building and construction very much falls within the purview of Consumer Protection Act, 1986. Ltd. All Rights Reserved. Leakage was noticed from the storage water tank. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI 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. 5. Case in hand is simple one and can be settled on the basis of affidavits. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. 717. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. 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. Both claimed Jogdands flat was damaged because it had been lying unused for long. (NA) I alongwith my wife had repeatedly requested them to do the necessary repairing work including taking pipe outlets outside the flat(almost 80% of the flat owners had already did it long ago)but they did not pay any heed to it. You will find the answer to all your question in model bye-laws (section 160). 2. I have booked an apartment together with a garage in Serampore, West Bengal. 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. 7. (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. v. Smt. -160 () 158 . 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. Ltd. All Rights Reserved. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? 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. 3. Rate of interest awarded by the District Consumer Forum is on the higher side. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. Complain to police for creating nuisance and mischief. 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. 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. I see no provision for attaching files here. Leakage was also noticed from the doors and windows. However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. 157 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. Get Expert Legal Advice on Phone right now. 5. (CA) What are the reviews of Prestige High Fields, Hyderabad? application no.344/2008 has become infructuous and stands disposed of accordingly. In lieu of above order in appeal, misc. Desarkar, Assistant Engineer, G-South Ward was legal and valid notice - that is to say whether Mr. Desarkar was authorised to issue the said notice? Act. Leakage is also noticed to the sink of the kitchen platform. Consumer has exercised his option in favour of District Consumer Forum. Bombay Municipal Corporation Act, 1888, Secs. Aggrieved petitioner is in revision. 1. 56. 2. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. 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.) Construction work is not carried out as per specification and standard. 06 February 2015. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. 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. Learned Counsel for the Municipal Corporation also referred to and relied upon a decision of this Court in (Municipal Corporation of Greater Mumbai Vs. P.V. Now you know how to deal with the leakage problem from the above flat. 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. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. 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. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. Sub-section (2) provides that the Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to a Director or a Deputy Commissioner. I do not know what the State Commission will do. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. Consequently, it is not proved that the petitioner has failed to comply with a legal and valid notice issued under section 381 of the M.M.C. The petitioner is an occupier of flats bearing Nos. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. 2. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. Isn't the cost to be equally be shared by both parties? Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. If such a delegation was proved, then a further delegation by him to Mr. P.K. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. Otherwise this will continue. 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. On going through the records, we find the assessing authority has given a clear cut finding that the granted 50,000/- on account of leakage due to which the paint of two rooms as well as work of POP was deteriorated and also for damage of Solar Water Heater the interest @ 18% per annum on the amofrom date of leakage of water tank of till payment with cost and litigation expenses as assessed by the Ld. Section 381 of the M.M.C. Be the first one to comment. What should i do , shall i pay him or refuse? Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. - As per law, the upper floor owner is responsible for repairing the water leakage . You have no other option it seems. Thanks and regards. Our outlet pipes are inside the Flat. Sub-section (2) further requires the Commissioner to inform the corporation which of the powers or duties he has deputed (delegated) to the Deputy Commissioner. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. 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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. -----, 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. (Scientist/Engineer) 9 below, in occupation of Mr. Pandit. Same was for the bedroom walls. For the last one year water is leaking from the . This court first expressed its reluctance to extend the economic loss doctrine to construction defect cases in Oak Grove Investors v. Bell Gossett Co., 99 Nev. 616, 617, 668 P.2d 1075, 1077 (1983). 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. 244 of 1999, (Converted from Criminal Writ Petition No. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. The observations made in Head note (B) cannot be pressed into service. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. No doubt the prayer for cross examination was rejected. 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. The complainant called upon the first opposite party over phone and even wrote letter. However, there was no leakage. 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