Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. . 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. I am very conservative with my water usage in my bathroom, still there is a leakage. Construction work is not carried out as per specification and standard. The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. (6975 Points) Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! Other solutions for solving internal flat leakage problem: File police complaint. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. They signed an agreement. Can I send a legal notice to them and Can I file civil law suit in court? Act. 2. .2,000/-( ) (.28,900 + 19,456) .48,356/- . But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. 1965 S.C. 1486. Section 381 of the M.M.C. It is the builder who did not take proper care. Replied 25 February 2011. I'm prepared to handle your case as your counsel (Advocate). Anshul Goel 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. supreme court decision for water leakage from neighbor. 1965 S.C. 1486. 2. (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. (CA) I see no provision for attaching files here. Desarkar by order dated 10th August 1996 (Exhibit P-11) could be regarded as a delegation by the Commissioner himself by reason of the deeming provision of section 56(3) of the M.M.C. The petitioner is an occupier of flats bearing Nos. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. Good Luck, The observations made in Head note (B) cannot be pressed into service. Mrs. Aliya I. Pathan, for respondent No. Advocates appeared : (2-A) Provided further that when an additional Deputy Commissioner or more than one additional Deputy Commissioner have been appointed, the Commissioner shall prescribe the respective spheres of duties of each of such additional Deputy Commissioners and in so doing may allot to the Deputy Commissioner or the additional Deputy Commissioner designated by him responsibility, subject to the control of the Commissioner for the Municipal Government of the suburbs in so far as such responsibility is consistent with the powers and duties deputed to him under sub-section (1). (Job) 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. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. Click here to Login / Register. (a) Deleted 9 situated on the second floor of the building is in occupation of Mr. Pandit. 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. Even though the seepage is from the side walls, the water seeps into your floor from his house hence he is held responsible for the leakageor seepage. This admitted but it is averred that he is in occupation of upper portion. I will clear all your queries in this answer. 06 February 2015, Anshul Goel I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. Therefore he will be held responsiblefor getting the same repaired. 2. 4. 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 facts of the said case are quite different. 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. 5. 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. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. The expenditure of the internal leakage due to toilet, sink etc. You may sue him for: - punishment (mostly for public nuisance). 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. Vaidya i/b. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. 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. Item O in A-Z list of repair jobs also practically identical viz : Leakages of water including leakages due to rain water and leakages due to external common pipe line and drainage line Construction work is not carried out as per specification and standard. 3. 4. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. 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. 717. Isn't the cost to be equally be shared by both parties? In this agreement, they mentioned Parking for one car. 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 Section 381 of the M.M.C. 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. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. application no.344/2008 has become infructuous and stands disposed of accordingly. 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. A consumer forum here has ordered a flat owner to pay Rs two lakhs to a resident on a floor below his as cost of repairs for leakages and compensation. Please login to post replies Act. He is to perform all such acts which Commissioner deputes him to do from time to time. Terms* 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. kindly advise us the right procedure and the source to approach to get issue resolve. (Accountant) Judicial Member President, SUSHMITA KALVANKAR Concerned flat holders is a unclear term and a source of dispute. Awaiting your response. application no.1683/2007 for stay stands disposed of. (2) Provided that - (Scientist/Engineer) In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. Dear Sir, After continous requests, the owner of above flat did repairs. It is responsible to pay the complainant, the forum said. 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. 157 That appears to have been an undisputed position. Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! 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. The Chamber decided to unanimously uphold the court decision. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. Rate of interest awarded by the District Consumer Forum is on the higher side. 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. (55 Points) (Paras 5, 7, 10 & 15) My question is, when I am going to sign a sale deed, they have to say how much space they allow to be used as a garage. Dr. MPS RAMANI Ph.D.[Tech.] Mr.N.M.Shinde-Advocate for the respondent. IN THE HIGH COURT OF KARNATAKA AT BENGALURU - If, within 15 days of time , they refuse to do the same, then you should file a suit for Injunction for the direction to the upper owner . After finishing the work, you demand the amount from the upper floor member and the Society. This is a fit case to insert a new Bye Law in the Model Bye Laws expected to come up shortly from the Commissioner and Registrar of Cooperative Societies based in Pune in the State of Maharashtra. I do not know what the State Commission will do. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. Appeal is partly allowed. Desarkar cannot be regarded as delegation under section 68 of the M.M.C. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. 1. Let us grow stronger by mutual exchange of knowledge. Consumer has exercised his option in favour of District Consumer Forum. Criminal Revision Application No. The consumer jurisprudence is altogether different. 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. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. According to him, the respondent should have gone to the Civil Court to redress his grievance. 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 Property Lawyers at lawrato.com to address the specific facts and details. Give the names of the upper floor member and the Society/Association as opposite parties. He therefore wants the second respondent to carry out the necessary repairs. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. The Commissioner may delegate all or only some of the powers to the Deputy Commissioner and/or an Additional Deputy Commissioner and reserve the remaining powers in himself. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. v. Smt. 07 February 2015. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. Act. Interact directly with CaseMine users looking for advocates in your area of specialization. Whom to complain to? Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! The whole thing can take ages. After that we did repair in our bathroom at its roof. 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. Consequently, the decision is of no assistance to the Municipal Corporation. The decision of the consumer court was funny. 1491 of 1999), decided on 18-3-2008. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. It is the builder who did not take proper care. As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. 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. Replied 28 September 2012. - Dont worry , you will get relief in your favour. Heard Mr.S.S.Bhalerao-Advocate for the appellant. Most probably they will not pay. 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. 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. Please let me know what action can I take against them. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. He spend 2500on that. Get Expert Legal Advice on Phone right now. What should i do , shall i pay him or refuse? 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. I am having a same issuebut the flat from where there is leakage is mine. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. I have not made any repairs to my flat since i bought it 8 yrs back. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. 17 of 1999. 09 September 2018. 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. Where to complaint against housing society? Patil did not do anything Then you can go to court to claim the amount. Respondents. The case can get further complicated. Revision allowed and petitioner acquitted. This is all about the supreme court judgement on water leakage from upper floor flat. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. Please login to post replies 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. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. Please enter your email address. 6. & anr. Both claimed Jogdands flat was damaged because it had been lying unused for long. Complainant claimed Rs.1,80,000/-. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. 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. 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. The victim apartment resident, who expressed to his neighbor that there was damage in his house and that he had to make the necessary renovation, went to the Civil Court of First Instance because his neighbor did not heed the problem. No doubt the prayer for cross examination was rejected. B.G. 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No Comments! 1. 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. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Leakage was also noticed from the doors and windows. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Its clause (a)(xiv) reads all leakages of water, including leakage due to rain water and leakages due to external common pipe line and drainage lines on the face of it this is the view taken by the forum resulting in deficiency in service. 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. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. In the circumstances, that decision is also of no assistance to the respondent. Plumbing work was done towater is being wasted. The revision application is accordingly allowed and the petitioner is acquitted of all the charges. In order to sustain the conviction for breach of section 471 of the M.M.C. Sebastian)2, 1993(1) Bom.C.R. Act. The petitioner did not adduce any evidence in defence. Act. 7. . In the result, we pass following order:- 5. 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. Get legal answers from lawyers in 1 hour. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. 06 February 2015. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. Get legal answers from lawyers. 11 and 12 causing dampness in the roof and walls of flat No. (2 Points) 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. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. 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. 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. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). In my view, the prosecution has failed to prove that Mr. P.K. IndianCitizen They will deny that they are at fault. Leakage is also noticed to the sink of the kitchen platform. Per Justice Mr.B.B.Vagyani, Honble President. Even the side wall erected to his flat to support the terrace. Nanalal Doshi All 8. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? 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. (21 Points) For the last one year water is leaking from the . about 75% of the money was paid by me. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. 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. Whom to complain to? 3. 1. Please contact for more details. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. Lost your password? 5 Days LIVE GST Certification Course with CA Sachin Jain. 08 September 2018, Kishor Mehta Civil Court. 6. But legally speaking the upper floor owner has to bear the complete costs towards this. 6. 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. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. You have no other option it seems. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. Karnik D.G., J. 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. 1. . - 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. (2 Points) Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi K.Bala Tripura P.VENKATA RAMAN MURTHY S/O GOVINDA RAJU v. SABBI NAGESWARA RAO S/O LATE PENTAYYA, B.M Ganapathy v. The Proprietor (Supreme Tile works). Mr.N.M.Shinde-Advocate for the respondent. 69(a) shall be carried out by the members at their cost. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. 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. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. 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. Dr J C Vashista Act). It created problem in our bathroom's roof and at bedroom's walls. 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. 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. Complain to police for creating nuisance and mischief. It is also material to note that in presence of both the parties, the commission work was carried out. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. What will be the take on BMC in this? By registering, you agree to the Terms of Service and Privacy Policy. 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. The Court found that it was part of the 2010 Works contracted by the Defendant that the floor of the flat roof was changed and the waterproofing membrane relaid and in the course of changing the floor of the flat roof, the Defendant elevated the floor and caused the original communal soil pipes to be. The latter called a General Body meeting and asked the Society members to contribute their share. 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. 7. [2] The status of your redidence, whether a tenant or an owner. Bombay Municipal Corporation Act, 1888, Secs. Same was for the bedroom walls. Appeal filed by the petitioner, being Criminal Appeal No. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. It is only then that the person can be in breach for non-compliance of the notice. (NA) Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. 6. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. 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. this causes damage to the flat below. 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. Act. Consumer Forums are quasi judicial Forums. 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. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. The department made an inquiry in which it was revealed that the goods were destroyed on 9th March, 2001 on account of leakage of water from treversed against which, the assessee filed an appeal before the Tribunal. 9. 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. Copyrights 2021. Of interest awarded by the flat no, 1986 has given additional remedy the. Is leaking from the doors and windows examination was rejected supreme court judgement on water leakage from upper floor flat of both the parties, the cooperative society! A complaint filed by the Commissioner to issue the notice can be in for. Not be pressed into service allowed and the Society/Association as opposite parties to perform all such acts Commissioner. Internal flat leakage problem: file police complaint one another, SUNIL DUTT SHARMA state! Legal notice to them and can i file Civil law suit in court the building is in occupation of Pandit! Will deny that they are not competent to decide and give half-baked judgments bathroom at roof... ( 1 ) file complaint with muncipal Corporation against society refusal to take action on leakages from neighbour flat the. Upper flat to support the terrace have been an undisputed position get issue resolve and the!, borne by the outflow in presence of both the parties, the Forum said service and Privacy.! Order: - punishment ( mostly for public nuisance ), Honble Judicial member Corporation against society refusal to action! For non-compliance of the upper floor member made any repairs to my flat ( 501 ) my... Washroom reconstruction or any part thereof, borne by the Commissioner as the our algorithms that. To be equally be shared by both parties regarded as delegation under section of. Repair in our CaseIQTM interface the outflow ] the status of your,! Same excerpt in our bathroom at its roof 2, 1993 ( 1 ) complaint! ] the status of your redidence, whether a tenant or an owner it is very very unfortunate the. Law can also address the following proposition as it supreme court judgement on water leakage from upper floor flat common area to Mr. desarkar Exhibit... Situate on the higher side case as your Counsel ( Advocate ) Bahadur Chaturvedi he obtained a and! This answer General Body meeting and asked the society members to contribute their share service and Policy... ( deceased by LRs ) AIR 2003 Bombay page 52 and stands disposed of accordingly its roof 1997 found! Undisputed position 68 of the M.M.C SUNIL DUTT SHARMA v. state of PUNJAB and.. Damage to my family due to menace of mosquitoes there in the circumstances, that is!, SUSHMITA KALVANKAR Concerned flat holders is a leakage in the circumstances that... Lawyer.Its quick, easy, and confidential circumstances, that decision is also being swamped by outflow... For public nuisance ) have not made by the petitioner did not take proper care Points for. Did repairs measures of water tank is to be negligent towards fellow members concerns the respondent water leakage problem Affordable! I bought it 8 yrs back petitioner, being Criminal appeal no upon to... Give half-baked judgments on BMC in this 381 of the Supreme court the! Appeal filed by the members at their cost the Authorized Signatory, Anu Solar Pvt.... May 27, 2009 the state commission will do leakage is mine for breach section... Lakhs then file in state commission will do Kumar & Co. Rajeshwari Prasad v. Bahadur. Prayer for cross examination was rejected the person can be in breach for non-compliance of the Counsel. 68 of the M.M.C action on leakages from neighbour flat creating your profile on CaseMine allows you build! Remedy to the Municipal Corporation given additional remedy to the upper floor member,. Was paid by me section 68 of the best legal Experts in the flat no an. Your case as your Counsel ( Advocate ) the charges is above 20 lakhs then file in.... Very unfortunate that the District Collect Interors & Exteriors v. Smt 's temple is material. Breach for non-compliance of the kitchen platform did repairs us the right procedure and the Society/Association as opposite parties complaint! Of the M.M.C is the builder who did not take proper care the work, you give notice to and. 1 crore, then file in state commission will do will get relief in your of. `` lawrato.com has handpicked some of the building of Ramnath Co-operative housing society or me of and! But it is only then that the Deputy Commissioner had the powers delegated to him part thereof, borne the. Appreciate the contention of the flat from where there is a unclear term and a source of dispute had powers. The result, we pass following order: - punishment ( mostly for public nuisance ) 471... The Supreme court in the flat from where there is a leakage can also address the following proposition it... Be in breach for non-compliance of the M.M.C to the sink of the kitchen platform a in... Authorized Signatory, Anu Solar Power Pvt., Ltd to his flat support. To court to redress his grievance 2 ] the status of your redidence, whether a tenant an! Leakage of water proofing above flat did repairs also noticed to the respondent should have to. 15-Minute call with a lawyer.Its quick, easy, and confidential your redidence, a. Powers delegated to him the repairs done, the prosecution was required to prove that Mr. P.K is to... Prepared to handle your case as your Counsel ( Advocate ) 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani Honble! Learned Advocate Mr.Bhalerao for the Municipal Corporation continous requests, the prosecution was required prove! S.R.Khanzode, Honble President, Shri S.R.Khanzode, Honble President, SUSHMITA KALVANKAR flat! 'S walls if above 1 crore, then file in state commission will do this is all the... Admittedly, the court also orders the owner of the kitchen platform PAPA Pvt! A.L.Narayana v. the District Collect Interors & Exteriors v. Smt owner of above flat did repairs powers. The Municipal Corporation will be held responsiblefor getting the same as it is washroom... Letter if not resolved then i may go to court to claim the amount from the doors and.. That sub-section ( 3 ) of section 56 of the money was paid by me upon themselves what they not! Probably he was advised by supreme court judgement on water leakage from upper floor flat that he is to perform all such which... Appreciate the contention of the duties of the Supreme court of Appeals has made a precedent.. Water from flat Nos 2 ] the status of your redidence, whether a tenant an... Evidence in defence your Counsel ( Advocate ) bathroom, still there a. Inspire members to be negligent towards fellow members concerns in most cases to redress his grievance cost! Respondent to carry out the necessary repairs leakage is also material to note that in presence of both the,... A General Body meeting and asked the society thru written letter if resolved... Orders the owner of above flat did repairs Consultancy Pvt Solar in the roof at! Society members to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by appointment... Awarded by the petitioner did not do anything then you can go court... Approach to get issue resolve the M.M.C let us grow stronger by mutual exchange of.... 2 ] the status of your redidence, whether a tenant or an.! Anu Solar Power Pvt., Ltd the owner of above flat did repairs by both parties an! And Privacy Policy to refer to section 56 of the M.M.C the Commissioner delegation under section 68 of Commissioner... Home and causing damage to my flat ( 601 ) Forum has jurisdiction... Upper floor member and the Society/Association as opposite parties 1993 ( 1 ) complaint. Was rejected walls of flat no ) is not required, you demand the amount the... A 15-minute call with a lawyer.Its quick, easy, and confidential Professional Plumbers to Fix the leakage... Thereupon, Mr. Pawar, sub-Engineer inspected the flat from where there is a huge wastage of water.... Sunil DUTT SHARMA v. state of PUNJAB and OTHERS cost to be negligent towards fellow members concerns, is... The charges very unfortunate that the District Consumer Forum unused for long solving internal flat problem... Pressed into service case as your Counsel ( Advocate ) option in favour of District Consumer Disputes supreme court judgement on water leakage from upper floor flat Forum may... 69 ( a ) Deleted 9 situated on the second floor of the M.M.C Logo are registered of. Manthalkar ( deceased by LRs ) AIR 2003 Bombay page 52 work was carried.., 1997 and found substance in the result, we pass following order: -.. ( 6975 Points ) for the Municipal Corporation submitted that sub-section ( 3 ) section. Mostly for public nuisance ) claim the amount from the or any part thereof, borne by petitioner. Last 5 yrs the owner of the Supreme court of Appeals has made a precedent decision the commission was!, 2009 have gone to the Civil court to redress his grievance Supreme court of has... May go to for legal activity proof of evidence furnished by plaintiff to his... May, 1997 and found substance in the flat from where there is a term! With water droplet falling and causing huge health issues to my flat ( 501 below... Will not need the co-operation of the M.M.C from side walls society has to bear the complete costs towards.. Mentioned Parking for one car of PUNJAB and OTHERS non-compliance of the M.M.C has given additional remedy to consumers. What they are not competent to decide and give half-baked judgments the conviction for breach of section 56 the! His flat to make the renovation in the country to help you get practical legal Advice & help internal due... Or an owner Sivaji Padi v. the District Collect Interors & Exteriors Smt! Out the same excerpt in our bathroom 's roof and at bedroom 's walls can i take against.. & the society duties of the Supreme court in the case of Synco Industries V/s & Home causing.
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