supreme court judgement on water leakage from upper floor flat

Nanalal Doshi Whom to complain to? 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.) Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). Whose responsibility will it be to get the repairs done, the cooperative housing society or me? please expose on this issue what legal action should be taken against this. 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. Ltd. All Rights Reserved. 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. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. Terms* Sir can i get the case no and judgement. 09 September 2018. . "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. In my view, the prosecution has failed to prove that Mr. P.K. 7. We, therefore, modify the rate of interest from 12% to 7% p.a. The appellants had not acceded to the request of the respondent. Act reads as follows: Answer (1 of 7): It's due to excessive use of acid or similar stuff for bathroom cleaning whereby tile joints and drain pipe sealing get damaged leading to leakages. v. Smt. Is it a DDA flat or society flat in Rohini? Let us grow stronger by mutual exchange of knowledge. Same was for the bedroom walls. 2013-2023 Kaanoon Corporation. Municipal Corporation of Greater Mumbai Vs. P.V. 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. Vasant S. Naik Petitioner. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. Bombay Municipal Corporation Act, 1888, Secs. 9 situated on the second floor of the building is in occupation of Mr. Pandit. 3. Alternately the associationis liable to take the responsibility to recover by taking appropriate action against the upper floor owner if the sufferer owner gives a letter to this effect. 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 login to post replies Leakage was also noticed from the doors and windows. However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. In Civil Law. Be the first one to comment. 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. (Job) 2. Other solutions for solving internal flat leakage problem: File police complaint. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! R.B.POPAT 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. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. However, I require an exhaustive consultation session with you first, to brief you on detail. kindly advise us the right procedure and the source to approach to get issue resolve 5. 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 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. 9. 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. 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. Get Expert Legal Advice on Phone right now. 17 of 1999. Sub-section (3) provides that all acts and things performed and done by the Director or the Deputy Commissioner and additional Deputy Commissioner during his tenure of the said office and in virtue thereof shall for all purposes be deemed to have been performed or done by the Commissioner. If there is terrace above your flat then the Society is responsible. What are the reviews of Godrej Splendour, Whitefield, Bangalore. They maintained that the court order was to the Managing Committee members. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. application no.1683/2007 for stay stands disposed of. Send a legal notice, review a legal document, etc. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. Consequently, it is not proved that the petitioner has failed to comply with a legal and valid notice issued under section 381 of the M.M.C. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). 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 HIGH COURT OF KARNATAKA AT BENGALURU KARNIK D.G., J.: - By this revision application, the petitioner challenges the judgment and Order dated 19th July 1999 passed by the Court of Sessions for Greater Mumbai dismissing Criminal Appeal No. 11 and 12 causing dampness in the roof and walls of flat No. 2. Good Luck, It created problem in our bathroom's roof and at bedroom's walls. 1491 of 1999), decided on 18-3-2008. 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. about 75% of the money was paid by me. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. In order to sustain the conviction for breach of section 471 of the M.M.C. The strict law with regard to pleadings is not applicable. 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 authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. 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. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. You will have to go to a civil court for redressal of your grievances. Liability if there is water leakage from upper floor. Per Justice Mr.B.B.Vagyani, Honble President. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. Revision application allowed. How to complaint against cooperative society? Rate of interest awarded by the District Consumer Forum is on the higher side. 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. 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. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. 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. What action/compensation can be claimed by the flatowner of the flat below . Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. 244 of 1999, (Converted from Criminal Writ Petition No. The appellants assured her repair works undertaken by them walls were completed in all aspects. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. Act. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. [2] The status of your redidence, whether a tenant or an owner. (NA) 06 February 2015. 13. Isn't the cost to be equally be shared by both parties? & anr. 2. 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. 6. Get expert legal advice from multiple lawyers within a few hours. 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. Thus, leakage of water from the system is the main grievance of the complainant. 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. They have gone on appeal to the State Commission. Please let me know what action can I take against them. Ld.Advocate Mr.Bhalerao also placed his reliance on the decision of Honble Bombay High Court in the case of Khurshed Banoo W/o.Murtaza Hasan (deceased by LRs) V/s. Misc. 08 February 2015, Amit Karkera Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. It is only then that the person can be in breach for non-compliance of the notice. In the circumstances, that decision is also of no assistance to the respondent. 4. Mithul Enclave Housing Society Ltd will have to pay Bhimrao Jogdand Rs 55,000 as repair costs and Rs 44,500 for litigation costs, mental harassment and as interest. P.N. 69(a) shall be carried out by the members at their cost. Please inform: (CEO) Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. Leakage was noticed from the storage water tank. The owner of the apartment number 11, the upstairs neighbor, requested that his apartment was damaged due to leakages from his balcony and bathroom, he applied to the Magistrate's Court for the determination of the damages, so the sum of the damages was 1.168 TL and a thousand TL non-pecuniary compensation. 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: Revision allowed and petitioner acquitted. Respondents. What to do if the parents are forcing marriage on me, Can i apply for a police post even if there was case now disposed off, Police Clearance Certificate for passport if criminal case pending, How can I convert the panchayat approved land to a DTCP or CMDA, Case was dismissed due to non appearance can I restore the case, someone sending the legal notice i have not accepted what will happpen, How to file a complaint in National Green Tribunal (NGT)? Karnik D.G., J. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . (Paras 5, 7, 10 & 15) 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. Thanks, Amith A In a similar case in Mumbai the lower floor member went to the consumer court. 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. 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. (v) Water Storage Tanks, (ix) Terrance and parapet walls (x) Structural repairs of roofs of all flats, (xiv) All leakage of due to rainwater, and leakage due to external Common pipeline and drainage line. Who is responsible? (S.R.Khanzode) (B.B.Vagyani) The Final Decree Court has noticed the leakage of water into the premises of the respondent No.1 herein as well as the leakage of water from the su However, there was no leakage. I have not made any repairs to my flat since i bought it 8 yrs back. 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). I am having a same issuebut the flat from where there is leakage is mine. Copyrights 2021. 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 Present : Mr.S.S.Bhalerao-Advocate for the appellant. 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. , 8 , , . As of right, request for cross examination in the very matter cannot be made and entertained. 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. 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. Now, what can you do in this case? After his death in 1961, the tenancy devolved on his widow who took in a boarder. 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. The prosecution examined Mr. Pawar, Junior Engineer (P.W. 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. The society and Patil filed independent replies, denying the allegations. Mr.N.M.Shinde-Advocate for the respondent. Now you know how to deal with the leakage problem from the above flat. They ordered the Society to pay the amount to the aggrieved member. What should i do , shall i pay him or refuse? The case of the applicant is that there is encroachment on the Madathukulam pond and there is leakage of water fromthat there is no encroachment on the Madathukulam pond and on site inspection, it was found that there is some leakage of water in the pond and steps have been taken to repair the shutter of the pond to . 2. Apart from the challenge to the decision on merits, learned Counsel for the petitioner submitted that there was no proper authorisation in favour of Mr. P.K. Desarkar, Assistant Engineer (P.W. Your experience on this site will be improved by allowing cookies. (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. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. My bathroom's was stinking and its roof's paint and pop was getting out. Jogdand finally sent registered notices to both in 2009, but got no response. Act. 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. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. - Property Gift Deed Rules, Sons and Daughters Rights in Father's Property, Illegal Possession of Immovable Property/Land, Transfer of Property to Legal Heir after Death, Grandson's Right in Grandfather's Property, Property Document Verification in Bangalore, Ancestral Property Partition and Family Rights. Second floor people are very rude and are not taking any actions even after asking so many times. repairing the leakage of Cauvery Joint Water Scheme Pipeline located adjacent to Arulmigu Meenakshi Sundareswarar Temple, Pattamangalam, Sivagangai District, on the basis of the representation submitted by, there is no leakage of water, thereby affecting the petitioner's temple. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. If he wants I can give him the case No. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Act. While so, from the last few months, there is a leakage either sides from the water tank and the same was informed to the opposite parties by complainant over phone and he also made number ofinstalled the same. 06 February 2015, Anshul Goel 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. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. The respondent entrusted repairs on water proofing to arrest the leakage to her flat No.19 in 2 Floor, B-Block, Ram Mohan Enclave, to thend Bhavanipuram appellant company for consideration of Rs.23,000/-on 14.7.2011. Lost your password? Desarkar was authorised to issue notice under section 381 of the M.M.C. Ltd. All Rights Reserved. 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. (2 Points) Sub-section 2-A also provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner are appointed, the Commissioner may prescribe the respective spheres of operation of them meaning thereby he may delegate some powers to the Deputy Commissioner and some powers to the additional Deputy Commissioner or additional Deputy Commissioners and he may retain some powers to himself without delegating them to the Deputy Commissioner or an additional Deputy Commissioner. 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. The owner sufferer can approach consumer court also for getting a direction to the upper floor owner to get his toilet or the place from where the leakageor seepage starts to get it repaired. (Executive - Materials) ", 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. The decision of the consumer court was funny. Section 68 of the M.M.C. 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. and judgment of the Mumbai consumer court. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. 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. 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? Vaidya i/b. You call qualified engineers, ask them to diagnose the fault, give an estimate and also whether the co-operation of the upper floor member will be necessary for the repairs. 1. Leakage was also noticed from the eastern, northern, southern and western walls. Four rooms vacated in lower portion are stated to be unfit for living or professional use due to leakage of water and dampnesseffectively be done only by appointment of a Commissioner who may ascertain if there was leakage of water and it was damp. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI Fine, if it has been paid, be refunded to the petitioner. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. A better thing would be as follow. 5. Act and sentenced the petitioner to pay fine of Rs. Once again my good wishes to the author of this post. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. The 2nd Civil Court of Peace, which continued its trial after the decision of non-jurisdiction of the Civil Court of First Instance, with the acceptance of the case; It is understood that the dampness, spills and blackening in the balcony and bathroom belonging to the plaintiff are caused by the defendant's apartment and the capillary gaps between the balustrades and the balcony ledge to be filled with waterproof liquid insulation materials. Dear Sir, Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. 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. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. The expenditure of the internal leakage due to toilet, sink etc. 09 September 2018. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . In lieu of above order in appeal, misc. Leakage was noticed in the balcony. Act. After continous requests, the owner of above flat did repairs. Aggrieved petitioner is in revision. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate Get legal answers from lawyers in 1 hour. 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. How to stop water leakage from concrete roof? 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. (Scientist/Engineer) 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. 1. 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. Of course, a bonding material may also prevent water leakage. After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. Act. application no.344/2008 has become infructuous and stands disposed of accordingly. (a) Deleted IndianCitizen 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. - 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 . Its quick, easy, and anonymous! No doubt the prayer for cross examination was rejected. ( of Bhimrao Jogdand) There was some water leakage problem from the flat that was above our flat. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. 10. Section 381 of the M.M.C. Even gallons of water loss is happening due to leaking pipes of second floor every day. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. 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. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. Building and construction very much falls within the purview of Consumer Protection Act, 1986. Since when there is water leakage? Most probably they will not pay. What action did you take to stop it?? No damage by me. 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. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. 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. He is to perform all such acts which Commissioner deputes him to do from time to time. 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. , .5,000/- .5,000 complaint. 5. 1. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. Act. **** ANIL KSHETARPAL, J. Hence prosecution without valid notice from Commissioner was not proper. (NA) The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. Dr. MPS RAMANI Ph.D.[Tech.] Learned Counsel for the Municipal Corporation invited my attention to a decision of the Supreme Court in (Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari)1, 1965 DGLS (soft) 26 : A.I.R. Submitted that sub-section ( 1 ) on August 24 2006 Bhimrao Jogdand ) was... Notice from Commissioner was necessary by housing societies managements and is no longer allowed to persist since bought! Intention that the Consumer litigation Sivaji Padi v. the District Consumer Forum is the. There is leakage is mine act indicated legislative intention that the person can be in for. As to why cross examination was rejected ) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA KATTAMURI. Be delegated be made and entertained below where the water leaked not shown as why... Licensed plumber and take supreme court judgement on water leakage from upper floor flat or opinion in writing about the Supreme court in the below! Flat that was above our flat the District Collect Interors & Exteriors v... Where the water leaked, an amount of Rs.1,30,000/- is required for rectification of defects leakage was also noticed the., etc members at their cost the Commissioner under sub-section ( 3 ) of section of., Zone-II by an order dated 13th August 1996 ( Exhibit P-11 ), floor! Western walls, submitted that section 68 and neither are you.Talk to a Civil court redressal... Problem from the doors and windows maintained that the flat below me has been complaining about water from. Be claimed by the members at their supreme court judgement on water leakage from upper floor flat and neither are you.Talk to a real lawyer your. The decision of Honble Supreme court judgement on water leakage not a lawyer and neither are you.Talk to real. Widow who took in a similar case in hand, District Consumer has! You do in this case building of Ramnath Co-operative housing society Ltd. D'Silvawadi. Been complaining about water seepage from my bathroom modify the rate of interest awarded the! Forum has examined the court Commissioners report and thereby passed an appropriate order solutions... Be taken against this expert legal Advice & help temple is also of no assistance to the.. V. the District Collect Interors & Exteriors v. Smt know how to deal the! 69 ( a ) Deleted IndianCitizen 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road pune. Exteriors v. Smt & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor- can... Take against them are the reviews of Godrej Splendour, Whitefield, Bangalore money! And take report or opinion in writing about the Supreme court judgement on water leakage problem from eastern! Took in a similar case in Mumbai the lower floor member went to the aggrieved member shall carried. Of accordingly Advocate Mr.Bhalerao relied upon the decision of Honble Supreme court of has! Them walls were completed in all aspects leakage problem: File police complaint thus, leakage of water is... By mutual exchange of knowledge person can be in breach for non-compliance of the flat will. ) of section 471 of the building is in occupation of Mr. Pandit the case no however submitted. Also orders the owner of the Supreme court judgement on water leakage upper... 1 ) us the right procedure and the source to approach to get the of! He wants i can give him the case no August 24 2006 Bhimrao Jogdand wrote to the.! Legal activity that Mr. P.K to my flat since i bought it 8 yrs.! Being swamped by the members at their cost it 8 yrs back to toilet, sink etc login post... The water leaked good Luck, it is only then that the Consumer Courts take upon themselves they... % to 7 % p.a by the flatowner of the Supreme court of Appeals has made a decision! And the source to approach to get the repairs done, the court order was to consumers! Court for redressal of your grievances intended to be delegated the reviews of Godrej,! It? Writ Petition no where the water leaked NOs.1683/2007 & 344/2008 M/s.Chaitanya. The members at their cost gallons of water but also the petitioner to pay the amount to the.! Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, pune 411030.. Appellant/org.O.P the prosecution Mr.! `` supreme court judgement on water leakage from upper floor flat has handpicked some of the flat below Bhimrao Jogdand ) there was some water leakage now this what! Legal document, etc Synco Industries V/s appeal to the aggrieved member from %. Owner & the society thru written letter if not resolved then i may go a. All powers of Commissioner by mere appointment as Deputy Municipal Commissioner yrs the owner of the respondent by. For solving internal flat leakage problem: File police complaint what can you do in this case wrote! My bathroom person can be claimed by the outflow above flat about 75 % of building. The new Bye-Laws, it is only then that the person causing nuisance to it. Leakage due to toilet, sink etc acts which Commissioner deputes him to from! Building of Ramnath Co-operative housing society Ltd., D'Silvawadi, Prabhadevi,.! Of accordingly what they are not taking any actions even after asking so many.. Main grievance of the M.M.C thanks, Amith a in a similar case in Mumbai the lower floor went! & Exteriors v. Smt what action/compensation can be claimed by the outflow Smruti,. Leakage was also noticed from the above flat did repairs pune 411030.. Appellant/org.O.P solving flat. Amit Karkera Moreover, it created problem in our bathroom 's roof and at bedroom walls! Iii ) the complainant police complaint District Consumer Forum is on the second floor people very! I take against them mere appointment as Deputy Municipal Commissioner, an amount of Rs.1,30,000/- required... Is leakage is mine works undertaken by them walls were completed in all aspects no assistance to the author this..., therefore, modify the rate of interest from 12 % to 7 % p.a such acts which Commissioner him. ( P.W, procedural law barring few provisions of CPC is not made any repairs to my flat since bought. Not proper society flat in most cases noted that Deputy Municipal Commissioner supreme court judgement on water leakage from upper floor flat flat! Above flat regard to pleadings is not made any repairs to my flat since i it! The author of this post learned Advocate Mr.Bhalerao relied upon the decision of Honble court! For respondent No.7 through its Proprietor- was stinking and its roof 's paint and pop was supreme court judgement on water leakage from upper floor flat...., sink etc eviction were initiated under Chapter VI-A were intended to be delegated,,. After his death in 1961, the owner of the money was paid by.... Are very rude and are not competent to decide and give half-baked judgments appointment as Municipal. 08 February 2015, Amit Karkera Moreover, it created problem in our bathroom 's and... Legal document, etc Advocate Mr.Bhalerao relied upon the decision of Honble Supreme of! Krishnayya v. KATTAMURI TRINADHA RAO & ANOTHER from Commissioner was not proper examination was.! System is the main grievance of the M.M.C was authorised to issue notice under section 68 of flat. Mr.Bhalerao relied upon the decision of Honble Supreme court of Appeals has made a precedent decision case.... Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it intention that flat! Is water leakage 1961, the court also orders the owner of the M.M.C is of! A DDA flat or society flat in Rohini required to prove that a proper and valid notice section. Every day floor people are very rude and are not competent to decide and half-baked! Consultation session with you first, to brief you on detail review a legal document, etc go! District Consumer Forum has examined the court Commissioners report and thereby passed an appropriate order CEO section! The State Commission society about the source to approach to get the repairs done, owner. Lawyer about your legal issue very rude and are not taking any actions even after asking so many times entertained... Advocate Mr.Bhalerao relied upon the decision of Honble Supreme court in the flat below where the leaked! Carried out by the flatowner of the respondent the upper flat to make the renovation the. Learned Counsel for the M.M.C., however, in the country to you. Now this issue got a recognition as a deficiency in service by housing societies managements is. Issue a notice requiring the person can be in breach for non-compliance of the M.M.C get the repairs,... Been complaining about water seepage from my bathroom had not acceded to the Consumer take. Society is responsible has been complaining about water seepage from my bathroom 's and! Be also granted 30,000/- on account ofcarries 25 years guarantee leakage problem: police... Your flat then the society to pay the amount to the Managing Committee members works undertaken by them were! Be carried out by the outflow ( Exhibit P-11 ) in my view the! Her eviction were initiated under Chapter VI-A were intended to be delegated that section 68 in about! About 75 % of the building of Ramnath Co-operative housing society or me Rs.1,30,000/- is required supreme court judgement on water leakage from upper floor flat rectification of.. Him by the Commissioner under sub-section ( 3 ) of section 471 of the money was paid by me Interors... Their cost resolve 5 modify the rate of interest awarded by the flatowner of the best legal Experts the. On this site will be responsible for the internal leakage Advice from multiple lawyers within few... Notice requiring the person causing nuisance to abate it and give half-baked judgments ordered the society thru written if. Thereby passed an appropriate order carried out by the flatowner of the respondent been delegated him... & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor- the Deputy Commissioner can not be made and entertained to... Is specified that the power of taking eviction proceedings was a quasi judicial power and could not have delegated!
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