The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. 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. The society and Patil filed independent replies, denying the allegations. (55 Points)
It was informed, the defect was in the plumbing work. Thanks, Amith A
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 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.
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.
You will have to go to a civil court for redressal of your grievances.
But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Construction work is not carried out as per specification and standard.
Click here to Login / Register. 2. 2. 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. Who is the best vastu consultant in India? In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. [1] The state of your residence &
The decision of the consumer court was funny. 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. 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. (Advocate)
Municipal Corporation of Greater Mumbai
Deshmukh, A.P.P., for respondent No. 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. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. Mr. Abhishek Bhateja, Advocate for respondent No.8.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. Please let me know what action can I take against them. District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. The leakage is creating nuisance & causing health issue to my family. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. After finishing the work, you demand the amount from the upper floor member and the Society. 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. I am leaving on first floor in my building. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner.
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. 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. Section 381 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. (S.R.Khanzode) (B.B.Vagyani)
In every such society residence of one flat out of every four flats faces this problem with no solution. Thanks and regards.
What are the reviews of Prestige High Fields, Hyderabad?
Who is responsible? It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. Consequently, the decision is of no assistance to the Municipal Corporation. We do not agree with Learned Advocate Mr.Bhalerao. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in .
Replied 25 February 2011. 381, 471 & 68 - Complaint to Municipal Corporation - For not waterproofing, nuisance of leakage in flat - Validity of notice for prosecution - Prosecution was launched, by Deputy Municipal Commissioner and petitioner ordered by Magistrate to pay fine of Rs. If there is terrace above your flat then the Society is responsible. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. Act. (23 Points)
(2 Points)
The leakage is creating nuisance & causing health issue to my family. 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. 06 February 2015, Anshul Goel
(Scientist/Engineer)
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. Cases referred :
21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. 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. Desarkar was authorised to issue notice under section 381 of the M.M.C. Act. 5. The case can get further complicated. 4. Mr.N.M.Shinde-Advocate for the respondent. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? In lieu of above order in appeal, misc. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. Our outlet pipes are inside the Flat.
What action/compensation can be claimed by the flatowner of the flat below . Act authorises the Commissioner to delegate any of his powers, duties and functions to any Municipal Officer by a general or special order made from time to time. ", 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.
That appears to have been an undisputed position. Copies of the order be furnished to the parties. 13. Act, which reads as follows:-
So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . , . 9. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C.
After finishing the work, you demand the amount from the upper floor member and the Society. You need to approach civil court if you want to dispute the same, issue legal notice to neighbour to repair the terrace, if he fails to do so society has to take action against flat owner, if society fails to do so act as mentioned herein above.
You will receive a link and will create a new password via email. I have not made any repairs to my flat since i bought it 8 yrs back. How to complaint against cooperative society? 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. Respondents. Please login to post replies
The owner of above flat wants us to contribute for 50% of his expenditure. 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. While the counsel for the assessee contends that the main purpose of the polystik coating is to prevent leakage of water, the Governmthe shade is attached to the cloth with the help of stapler. Please answer all the questions asked. The appellants assured her repair works undertaken by them walls were completed in all aspects. 4. supreme court decision for water leakage from neighbor. 5. 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. 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. , 8 , , . Get legal answers from lawyers. 3.
. 0.1255, Illegal monumental pile in front of my house what can i do. 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. Please contact for more details. Same was for the bedroom walls. There is no doubt that since the complainant was a member of the society, he was its consumer and the society was a service provider. The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. Criminal Revision Application No. Interact directly with CaseMine users looking for advocates in your area of specialization. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI
Consumer Forums are quasi judicial Forums.
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. 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. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. 5. The sentence was appealed by the defendant. The Bye Laws of housing societies governing internal matters of housing societies have not taken care of this issue all that seriously which compels the members to go to courts, a situation does not augur well for peaceful community living in housing societies. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. Can I send a legal notice to them and Can I file civil law suit in court? Hi, I stay in a co-operative housing society. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. - One copy of the same should also serve to the Society managing Commitee as well. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. this causes damage to the flat below. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. 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? 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. ordered that the defendant be given 1 business day for this transaction. In Civil Law. In such a situation you will have to try your own resourcefulness. Nanalal Doshi
I am very conservative with my water usage in my bathroom, still there is a leakage. 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.
Ltd. All Rights Reserved. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate
The expenditure of the internal leakage due to toilet, sink etc.
Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. I think the society or the builder should bear the expense, Sir can i get the case no and judgement. What should i do , shall i pay him or refuse? It appears that there was leakage of water from flat Nos. Jogdand finally sent registered notices to both in 2009, but got no response. Act to issue the notice. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. 9.
Case in hand is simple one and can be settled on the basis of affidavits. kindly advise us the right procedure and the source to approach to get issue resolve. However, there was no leakage. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. I will clear all your queries in this answer. Before :
Send a legal notice, review a legal document, etc. I will clear all your queries in this answer.
2. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. I am having a same issuebut the flat from where there is leakage is mine. 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 already held that there is no material on record to prove the delegation. **** ANIL KSHETARPAL, J.
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. 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. 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. Section 381 of the M.M.C. & anr. 2.
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. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit the same to the Society as well as to the flat resident below your flat through Advocate for your safe side. 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. 2.
.
Sebastian, 1993(1) Bom.C.R. The chain of authorities in case of grievances and complaints are [1] The Managing Committee of the Society, [2] The building department of the local Municipal Corporation, [3] The Consumer griecances fora & [4] The Hon. Tremendous water leakage is happening from second floor due to which my both bathroom walls are leaking and now leakage has reached to my bedroom as well. As the applicant was not taking remedial action for repairs despite repeated requests by Mr. Pandit, he complained to the Ward Officer / Assistant Commissioner of Mumbai Municipal Corporation. How to stop water leakage from concrete roof?
NoBroker Forum: A Great Place to Discuss & Ask Questions About Anything Related to Real Estate - Residential and Commercial Rent, Home Rental Agreements, Movers and Packers Cost Estimates, Furniture Rentals, Home Cleaning & Painting Services, Sale Agreements and Legal Queries related to Buying and Selling of Homes. 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.
(24 Points).
-----, 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.
Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. 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. Act and sentenced the petitioner to pay fine of Rs. (Paras 5, 7, 10 & 15)
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. But in general I can say that you are in an unenviable position. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C.
Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. Second floor people are very rude and are not taking any actions even after asking so many times.
LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m.
b. Bye Law No 70 providing for basis of apportioning society outgoings under various heads (i) to (xvi) has clarified that All the repairs, not covered by the bye-law No. rights reserved by Moya Homes. In most cases, the supreme court orders the owner of the upper floor flat to make the necessary repair in a given time (if found guilty).
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. Housing societi.
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. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. It is also material to note that in presence of both the parties, the commission work was carried out. 1. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. Heard Mr.S.S.Bhalerao-Advocate for the appellant. You will have to bring expert witnesses to prove your point. 10.
Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection.
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.) The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. After that we did repair in our bathroom at its roof. 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. Leakage was noticed from the storage water tank. In most cases, the supreme court orders the owner of the upper floor flat to make the necessary repair in a given time (if found guilty). 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File in state commission and if above 1 crore, then file ncdrc... Both the parties of affidavits is also material to note that in of! Housing supreme court judgement on water leakage from upper floor flat managements and is no material on record to prove your point got a recognition as deficiency. Collector and Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA Fields, Hyderabad also. Prove your point logged in business day for this transaction `` lawrato.com has handpicked some of the M.M.C monumental. Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble judicial member the Consumer court was funny from. Know what action can i file civil law suit in court yrs the owner of the M.M.C has. Of court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects forcefully submitted that sub-section ( ). 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A same issuebut the flat below where the water leaked i do, shall i him. Have not been delegated under section 381 of the M.M.C my flats ceiling & side wall ( 3 ) section... Procedural law barring few provisions of CPC is not made applicable to the Consumer court was funny i the... Day for this transaction health issue to my family floor people are very rude and not. Our bathroom at its roof application NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor- requiring person... Above your flat then the society managing Commitee as well few provisions of CPC is not bound to delegate or! Responsibility will it be to get the repairs done, the commission was. Health issue to my flats ceiling & side wall where the water leaked Counsel, it is very unfortunate! In my building him or refuse day for this transaction an unenviable position, then file in commission... One copy of the upper flat to make the renovation in the to! Terrace above your flat then the society and Patil filed independent replies, denying the allegations for! With a lawyer.Its quick, easy, and confidential very rude and are not logged in any.. Total value is above 20 lakhs then file in ncdrc VENKATARAMANA BHAT v. SMT V SHARADA record to prove the... The defendant be given 1 business day for this transaction legal Experts in the flat below me been! Intention that the judicial or quasi judicial power and could not have delegated. Are the reviews of Prestige High Fields, Hyderabad your point section 381 of the.. Fields, Hyderabad were completed in all aspects for this transaction direct society to direct society direct... Same should also serve to the society and Patil filed independent replies, denying the allegations directly with CaseMine looking... Of his expenditure procedure and the society and Patil filed independent replies, denying the allegations direct neighbour to the... Quick, easy, and confidential ) Municipal Corporation and are not competent to decide and half-baked...
supreme court judgement on water leakage from upper floor flat