Give the names of the upper floor member and the Society/Association as opposite parties. 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. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! (Advocate) 08 September 2018, Kishor Mehta The respondent noticed leakage of water at the spot where the repair had beencarried out by the appellants and she had intimated the fact to the appellants. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. Judicial Member President, SUSHMITA KALVANKAR Aggrieved, he filed the complaint on May 27, 2009 Section 471 of the M.M.C. 4. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. 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. 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. Good Luck, (Executive - Materials) Desarkar cannot be regarded as delegation under section 68 of the M.M.C. 4. Leakage is also noticed to the sink of the kitchen platform. You must get a legal notice served upon the member above, and also your housing society, through your counsel (Advocate), to get the repairs done; intimating them that you are well within your rights to move the cooperative court against them, if they don't comply. 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. I see no provision for attaching files here. Its quick, easy, and anonymous! R/o. Act. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. Sub-section (2) further requires the Commissioner to inform the corporation which of the powers or duties he has deputed (delegated) to the Deputy Commissioner. 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. Sir can i get the case no and judgement. Get expert legal advice from multiple lawyers within a few hours, Liability if there is water leakage from upper floor, LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. 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). 56. 15. Mr. Abhishek Bhateja, Advocate for respondent No.8. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. (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. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. This section says that society is required to fix all types of leakage of water at its cost. (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. They signed an agreement. It also observed that despite notices, the society made no attempt to stop the work in Patils flat and neither did it complain to civic authorities. 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. 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. Click here to Login / Register. All rights reserved. Of course, a bonding material may also prevent water leakage. They ordered the Society to pay the amount to the aggrieved member. Even gallons of water loss is happening due to leaking pipes of second floor every day. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. 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. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). (Paras 5, 7, 10 & 15) A.Send a legal notice asking for compensation and taking of steps to prevent leakage.if nothing is done, file case in consumer court.jurisdiction will be as per total value of the flat at the time of purchase. Act. Repair of leakages from bathroom. Act. - One copy of the same should also serve to the Society managing Commitee as well. Quality of work as well as quality of building material is not maintained. Sir, 68. Good Luck. 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. You will have to bring expert witnesses to prove your point. Fine, if it has been paid, be refunded to the petitioner. 3) it is society responsibility to repair the terrace as it forms part of common area. - As per law, the upper floor owner is responsible for repairing the water leakage . 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. No Comments! The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. Plumbing work was done towater is being wasted. Desarkar by order dated 10th August 1996 (Exhibit P-11) could be regarded as a delegation by the Commissioner himself by reason of the deeming provision of section 56(3) of the M.M.C. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. Matter pertains to the construction. 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. 3. However, I require an exhaustive consultation session with you first, to brief you on detail. The appellants had not acceded to the request of the respondent. 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. , .5,000/- .5,000 complaint. Get Expert Legal Advice on Phone right now. Replied 24 July 2020, Hi, I have been resident to a flat in a Co-operative Housing Society and there are commercial shops below my building. 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. 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 Terms* See you can give a legal notice to the society and the above flat owner asking them to repair the Terrace and seeking damages for the loss if on notice the society and the person fails to repair you can file a suit seeking direction to repair the roof and seeking damages. 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. Please answer all the questions asked. Replied 03 January 2021, Swarnava Ghosh 4. 13. R.B.POPAT Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. 2. 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. 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. Get legal answers from lawyers in 1 hour. By registering, you agree to the Terms of Service and Privacy Policy. She submitted that the powers were delegated to Mr. P.K. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. But legally speaking the upper floor owner has to bear the complete costs towards this. The main grievance of the complainant is that from the last few months, there is a leakage either sides from the water tank and he informed the same to opposite parties over phone and2012 and as such the same is within warrantee. Therefore he will be held responsiblefor getting the same repaired. 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. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. In order to sustain the conviction for breach of section 471 of the M.M.C. Get legal answers from lawyers. Complain to police for creating nuisance and mischief. 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. I will clear all your queries in this answer. You will find the answer to all your question in model bye-laws (section 160). For the last one year water is leaking from the . Please contact for more details. 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. In the absence of the proof that the Commissioner had delegated his power to issue notice under section 391 to Deputy Commissioner, the delegation by the Deputy Commissioner to Mr. P.K. [2] The status of your redidence, whether a tenant or an owner. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI kindly advise us the right procedure and the source to approach to get issue resolve 1. 10. Act). Liability if there is water leakage from upper floor. The same is made by the Deputy Municipal Commissioner. 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. 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 first appellate authority held that there was no proof that intimation of leakage of water was given to the police authorities, assessees claim of loss of goods due to leakage of water from chilling plant and water bath of tape plant, is established by intimation to police authorities regarding the incident. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. I am leaving on first floor in my building. application no.1683/2007 for stay stands disposed of. Family person took 10 Lakhs amount in 2013 and cheated while signing. District Consumer Forum has accepted the figure disclosed by the Court Commissioner. Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! supreme court decision for water leakage from neighbor. If the civil works guy certifies (ie give his opinion in writing) that your troubles cannot be resolved unless repairs are carried out in the terrace flat above, then you can think of legal action. Consequently, the decision is of no assistance to the Municipal Corporation. We do not agree with Learned Advocate Mr.Bhalerao. 08 February 2015, Amit Karkera What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. 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). Act reads as follows: Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. Act, which reads as follows:- If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. 7. Consumer Forums are quasi judicial Forums. Aggrieved petitioner is in revision. Court Commissioner is a competent person. (PRACTICING C.A.) 1. 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. The complainant called upon the first opposite party over phone and even wrote letter. Section 381 of the M.M.C. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. Send him a legal notice and ask him to immediately remedy the leak and also ask of a. 17 of 1999. Cases referred : Whose responsibility will it be to get the repairs done, the cooperative housing society or me? Thanks, Amith A 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. 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. 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. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. Misc. Revision allowed and petitioner acquitted. 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. 2. I have booked an apartment together with a garage in Serampore, West Bengal. What will the Society do now? Act. ORDER 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 SOC. Replied 28 September 2012. , 8 , , . Book Best Packers & Movers with Best Price, Free Cancellation, Dedicated Move Manager, Get Rental Agreement With Doorstep Delivery, Super Quick & Easy. We had spend 3500Rs on that. After finishing the work, you demand the amount from the upper floor member and the Society. 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. The Bye Laws Model 2009 has a Bye Law No 160 which provides a list of repair jobs the housing society is to pay out of its funds. As of right, request for cross examination in the very matter cannot be made and entertained. 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. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. 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. please expose on this issue what legal action should be taken against this. 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. 12. Where to complaint against housing society? 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. 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. Dr. MPS RAMANI Ph.D.[Tech.] The complainant stopped using the solar in the version clearly admitted the leakage of water tank. (S.R.Khanzode) (B.B.Vagyani) 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. The forum held the society guilty of deficiency in service because neither did it take any action against the flat owner who caused the damage nor did it make any attempt to recover costs from him. Per Justice Mr.B.B.Vagyani, Honble President. 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. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Municipal Corporation of Greater Mumbai I think the society or the builder should bear the expense, Sir can i get the case no and judgement. Your are not logged in . They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. I am very conservative with my water usage in my bathroom, still there is a leakage. 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. 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. . 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. 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. 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. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Complainant claimed Rs.1,80,000/-. I do not know what the State Commission will do. The sentence was appealed by the defendant. Who is the best vastu consultant in India? 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. 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. Awaiting your response. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. 9 below, in occupation of Mr. Pandit. (21 Points) Before : Act. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. It is only then that the person can be in breach for non-compliance of the notice. It created problem in our bathroom's roof and at bedroom's walls. Municipal Corporation of Greater Mumbai Vs. P.V. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. Be the first one to comment. Present : Mr.S.S.Bhalerao-Advocate for the appellant. 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. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. application no.344/2008 has become infructuous and stands disposed of accordingly. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. After finishing the work, you demand the amount from the upper floor member and the Society. 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. It's quick, easy, and anonymous! Section 68 of the M.M.C. 11 and 12 into flat No. 6. (a) Deleted Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. He had taken with him Shri Pawar to assist him and to take measurement. Case in hand is simple one and can be settled on the basis of affidavits. Copyrights 2021. (Accountant) The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. 7. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. ordered that the defendant be given 1 business day for this transaction. Once again my good wishes to the author of this post. 1. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. No Comments! Undoubtedly, by section 68 of the M.M.C. 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. 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. He is to perform all such acts which Commissioner deputes him to do from time to time. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. The consumer jurisprudence is altogether different. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. 7. 9. Housing societi. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. Send a legal notice, review a legal document, etc. Appeal filed by the petitioner, being Criminal Appeal No. 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). 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.) 69(a) shall be carried out by the members at their cost. Pls guide, Can a non agriculturist buy a agriculture land at, Grandson's rights on grandfather's property, Can landlord stop water and electric while not get. The members refused to pass the resolution. Refer to section 56 of the respondent water leakage be noted that Deputy Municipal Commissioner does not get all of! 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