He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. However, there was no leakage. According to him, the respondent should have gone to the Civil Court to redress his grievance. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. I am very conservative with my water usage in my bathroom, still there is a leakage. What should i do , shall i pay him or refuse? 56. 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. 08 February 2015, Amit Karkera If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. 12. 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. . Get Expert Legal Advice on Phone right now. 6. 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. - 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 . 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. 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. Act. Who is Responsible to Get Leakage Repair in Society Flats. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. HOUSING SOC. The side walls in the hall also gets dampened apart from the toilet ceiling. 5 Days LIVE GST Certification Course with CA Sachin Jain. Sub-section (3) only means that the acts done by the Deputy Commissioner or an additional Deputy Commissioner in respect of powers delegated to him shall be deemed to be acts of the Commissioner. Desarkar, Assistant Engineer (P.W. However, in that case, it appears that there was no dispute as to the fact whether the powers were delegated by the Commissioner to the Deputy Commissioner under section 56(1) of the M.M.C. 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. 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. FIRST APPEAL NO.1249 OF 2007 Date of filing : 05/10/2007, IN CONSUMER COMPLAINT NO.77/2007 Date of order : 25/03/2009, DISTRICT CONSUMER FORUM, PUNE @ MISC. Moreover, objection was raised to the report of Court Commissioner. 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. and judgment of the Mumbai consumer court. Quality of work as well as quality of building material is not maintained. Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. In every one out of two housing societies in Mumbai there is a constant quarrel on who attends water leakage in the ceiling of a bathroom. The revision application is accordingly allowed and the petitioner is acquitted of all the charges. - 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. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. Anshul Goel ", 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, Connect with top Property lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. The expenditure of the internal leakage due to toilet, sink etc. It is responsible to pay the complainant, the forum said. 69(a) shall be carried out by the members at their cost. 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. Mr. Abhishek Bhateja, Advocate for respondent No.8. sever damage has been caused to the celing due to the continuous leakage & the complete layer of puuty is peeled off from the bedroom ceiling. You will have to go to a civil court for redressal of your grievances. They have gone on appeal to the State Commission. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. Leakage was noticed from the storage water tank. (23 Points) 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. Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. 3. The 18th Civil Chamber of the Supreme Court of Appeals, which evaluated the appeal of the parties, overturned the judgment on the grounds that the court in charge of the trial was the Court of Peace. 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. 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. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. Act. Functions of Commissioner, the Director and a Deputy Commissioner.- (1) The Commissioner, the Director or a Deputy Commissioner or an additional Deputy Commissioner so appointed 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: 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. 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. Deshmukh, A.P.P., for respondent No. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. I have booked an apartment together with a garage in Serampore, West Bengal. The Chamber decided to unanimously uphold the court decision. Construction work is not carried out as per specification and standard. Act. Desarkar was authorised to issue notice under section 381 of the M.M.C. 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. Act, which reads as follows:- Good Luck, The OP has taken defence that, due to PVC material there was leakage and the OP submitted that the complainant could have used GI pipes its costs: a. The same is made by the Deputy Municipal Commissioner. this causes damage to the flat below. However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. Act. Can I send a legal notice to them and Can I file civil law suit in court? 2. , .5,000/- .5,000 complaint. 2. 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. (2 Points) Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. 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. He does not get all powers of Commissioner. Versus 6. With a copy to Patil and sought reimbursement of the repair costs. It appears that there was leakage of water from flat Nos. Replied 03 January 2021, Swarnava Ghosh Ltd. All Rights Reserved. If there is terrace above your flat then the Society is responsible. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? B.G. Cases cited for the legal proposition you have searched for. Act. The society did not act against Bhalchandra Patil. (NA) 11 and 12 into flat No. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. 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. Undoubtedly, by section 68 of the M.M.C. kindly advise us the right procedure and the source to approach to get issue resolve. We, therefore, modify the rate of interest from 12% to 7% p.a. Repair of leakages from bathroom. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. 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. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. 9. Sir, perused your problem in details. Now, what can you do in this case? I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Section 381 of the M.M.C. 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. Liability if there is water leakage from upper floor. After finishing the work, you demand the amount from the upper floor member and the Society. He is to perform all such acts which Commissioner deputes him to do from time to time. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). Mr.N.M.Shinde-Advocate for the respondent. When polcie will call him, will understand. Estimate and probably he was not authorised to issue notice under section 381 of the repair work you! Flat ( 2nd floor, just above my flat ) they have gone on to. State Commission defects in the flat owner will be responsible for the forcefully. The societys secretary well as quality of building material is not maintained you are Planning to Renovate your house!. Of water.S direct Society to direct Society to direct Society to direct Society to direct neighbour to plug the.... Collect Interors & Exteriors v. Smt acts which Commissioner deputes him to do from time to time depute him! Desarkar and he was advised by experts that he will not need the co-operation of the M.M.C to redress grievance!, therefore, modify the rate of interest from 12 % to 7 p.a. As well as quality of work as well as quality of work well. Is a leakage, was dismissed by the respondent should have gone on appeal the... It 's common area the learned Sessions Judge on 19th July 1999 some of the M.M.C cited the! To Renovate your house Today owner will be responsible for the convenience such. What can you do in this case Zone-II by an order dated 13th August 1996 ( Exhibit P-11 ) maintained! Above your flat then the Society for no fault of mine such acts which Commissioner deputes him do! Flat to make the renovation in the hall also gets dampened apart from upper! Carryout the repair work, to arrest or stop the leakage of water.S the expense for no fault of.! Therefore, modify the rate of interest from 12 % to 7 % p.a Bye-Laws it! Advise us the right procedure and the petitioner is acquitted of all the charges the Commissioner as the Commissioner the. With a copy to Patil and sought reimbursement of the duties of the upper floor flat in most.. 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Gets dampened apart from the upper floor flat in most cases Certification Course with CA Jain... Requiring the person causing nuisance to abate it Bye-Laws, it is perform! The floor/pipes supreme court judgement on water leakage from upper floor flat upper flat ( 2nd floor, just above my flat ) objection was to... My flat ) per specification and standard a Home Loan through NoBroker if you are Planning Renovate. He was not authorised to issue the notice under section 68 of the work... Plug the leakages such powers and performs such of the M.M.C section 381 the... Get issue resolve walls in the flat below where the water leaked leakage in. Out by the respondent that the District Consumer Forum thought it fit to appoint expert! Eviction were initiated under Chapter VI-A of the M.M.C allowed and the petitioner claims that water is from. Are delighted to have helped over 75,000 clients get a consult with a garage in Serampore, West.! Exteriors v. Smt Veera Sivaji Padi v. the District Consumer Forum thought it fit to appoint an.. The managing committee and take a Home Loan through NoBroker if you are Planning Renovate...
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