kindly advise us the right procedure and the source to approach to get issue resolve (21 Points) Rent And Lease Agreements in Mumbai Questions, Rent And Lease Agreements in Chennai Questions, Rent And Lease Agreements in Gurgaon Questions, Rent And Lease Agreements in Bangalore Questions, Rent And Lease Agreements in Ghaziabad Questions, Rent And Lease Agreements in Hyderabad Questions, Rent And Lease Agreements in Navi Mumbai Questions, Rent And Lease Agreements in Greater Noida Questions, Rent And Lease Agreements in Pune Questions, Rent And Lease Agreements in Thane Questions, Rent And Lease Agreements in Faridabad Questions, Rent And Lease Agreements in Noida Questions, Rent And Lease Agreements in Delhi Questions, Commercial Buying in Bangalore Questions, Commercial Buying in Greater Noida Questions, Commercial Buying in Navi Mumbai Questions, Property Buying in Greater Noida Questions, Sale Agreement in Greater Noida Questions, Packer And Movers in Greater Noida Questions, Packer And Movers in Navi Mumbai Questions, Commercial Rent in Greater Noida Questions, Residential Rent in Navi Mumbai Questions, Residential Rent in Greater Noida Questions, Property Resale in Greater Noida Questions, You can use WP menu builder to build menus. Aggrieved petitioner is in revision. The consumer is to exercise his option. The same is made by the Deputy Municipal Commissioner. 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. 2. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. 2023 LAWyersclubindia.com. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI The Complainant member carried out the repairs and claimed the amount from the Society. . 717. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. 7. 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. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. Vasant S. Naik Petitioner. 13. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. Get Expert Legal Advice on Phone right now. Even gallons of water loss is happening due to leaking pipes of second floor every day. Appeal is partly allowed. 1), to prove the leakage and Mr. P.K. Mrs. Aliya I. Pathan, for respondent No. a tort committed by the occupant of the flat above you. about 75% of the money was paid by me. That appeal was directed against the judgment and Order of the Metropolitan Magistrate, 41st Court, Shindewadi, Dadar, Mumbai dated 12th March 1999 convicting the petitioner accused of an offence punishable under section 381 read with section 471 of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as the M.M.C. 8. According to him, the respondent should have gone to the Civil Court to redress his grievance. (6975 Points) 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. 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. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. Concerned flat holders is a unclear term and a source of dispute. Please login to post replies In my view, the prosecution has failed to prove that Mr. P.K. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . Patil did not do anything **** ANIL KSHETARPAL, J. I've not carried out any repairs/alterations/modifications and the leakage started automatically. Act. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. 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. & anr. 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. Act reads as follows: LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. 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. 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. application no.344/2008 has become infructuous and stands disposed of accordingly. Please enter your email address. What are the reviews of Godrej Splendour, Whitefield, Bangalore. Our outlet pipes are inside the Flat. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. 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. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Kishor Mehta. 07 February 2015. Good Luck. For the last one year water is leaking from the . 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. Appeal filed by the petitioner, being Criminal Appeal No. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. They signed an agreement. - Dont worry , you will get relief in your favour. - 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. 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. 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. 3) it is society responsibility to repair the terrace as it forms part of common area. Act. Second floor people are very rude and are not taking any actions even after asking so many times. Construction work is not carried out as per specification and standard. No Comments! sever damage has been caused to the painting due to the continuous leakage & the complete layer of puuty is peeled off from the toilet ceiling. Mr. Abhishek Bhateja, Advocate for respondent No.8. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. It's quick, easy, and anonymous! Absolving the flat owner on upper floor, the consumer grievances forum has held a housing society liable for damage to the flat of one of its members and made it clear that there was no service provider-consumer relationship between the two flat owners. The debate on water infiltration, which opened up between the neighbors, gained a new dimension with the final decision of the 20th Legal Department of the Supreme Court. This section says that society is required to fix all types of leakage of water at its cost. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. He had taken with him Shri Pawar to assist him and to take measurement. What will the Society do now? 56. - 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 . 23, New No. The whole thing can take ages. Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Civil Lawyers at lawrato.com to address the specific facts and details. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. Sebastian)2, 1993(1) Bom.C.R. 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. 6. She further submitted that by reason of section 56(3) of the M.M.C. R/o. 2. You will have to go to a civil court for redressal of your grievances. should be borne by concerned flat holders, with the consent of the society. Learned counsel for the appellant has submitted that PW-2attempt, however, could not draw attention of the court to any perversity or substantive error in the judgments passed by the courts below. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. a. 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. (PRACTICING C.A.) He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. 5. You must login or register to add a new answer. 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). Anshul Goel A forteori, an act performed by the Deputy Commissioner without delegation under sub-section (1) of section 56 would not be regarded as done by the Commissioner by reason of the deeming provision contained in sub-section (3) of section 56. 0.2976, Hindu law,Father evicted me from all his property, Query regarding name transfer of property, Dispute with land boundaries due to mistake in directions, Property owner is not signing agreement after receiving payment, how to get building completetion & occupancy certificate, Can a Gift Deed be challenged in India? 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. 17 of 1999. We do not agree with Learned Advocate Mr.Bhalerao. In hisPRAYER The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of indicated in its balance sheet physical loss of certain goods. 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. 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. 09 September 2018. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. This is all about the supreme court judgement on water leakage from upper floor flat. They will deny that they are at fault. (23 Points) Professional courses for GST, Accounts, Tally etc, https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Supply of online content of books and printed book, Sales of agriculture transaction show compulsory, 26QB TDS FILLED BUT CHALLAN NOT GENERATED, Cost Centre opening balance in Tally prime, Treatmet of remaing balance in TDS legder after ge. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. Cases cited for the legal proposition you have searched for. 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. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. 08 February 2015, Amit Karkera Rate of interest awarded by the District Consumer Forum is on the higher side. 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. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. 1. The leakage is increasing with water droplet falling and causing damage to my flats ceiling . P.N. 5 Days LIVE GST Certification Course with CA Sachin Jain. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. Send a legal notice, review a legal document, etc. Versus It is also material to note that in presence of both the parties, the commission work was carried out. 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. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. We did some treatment and applied anti-leakage solution at roof and walls. Who is responsible? Per Justice Mr.B.B.Vagyani, Honble President. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. That is not done. The Deputy Commissioner has no power to perform any act, duty or function of the Commissioner which has not been delegated to him by the Commissioner under sub-section (1) of section 56. 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. 2013-2023 Kaanoon Corporation. Where to complaint against housing society? HOUSING SOC. The Chamber decided to unanimously uphold the court decision. Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! 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. 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. I have not made any repairs to my flat since i bought it 8 yrs back. Whom to complain to? 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. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat, 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages, 3) it is society responsibility to repair the terrace as it forms part of common area, 4) also seek litigation costs and compensation for mental torture under gone by you. 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. Act, which reads as follows:- The society did not act against Bhalchandra Patil. Act. The consumer grievances forum has held a housing society liable for damage to the flat of one of its members and made it clear that there was no service provider-consumer relationship between the two flat owners.. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. 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). I will clear all your queries in this answer. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. I do not know what the State Commission will do. Section 471 of the M.M.C. 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. What are the reviews of Prestige High Fields, Hyderabad? What action/compensation can be claimed by the flatowner of the flat below . 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. (55 Points) 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 Terms* Act. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. 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. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). 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. 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