Cases referred : Who is responsible? Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. Who is responsible to get leakage repair in society flats? Desarkar cannot be regarded as delegation under section 68 of the M.M.C. - One copy of the same should also serve to the Society managing Commitee as well. Concerned flat holders is a unclear term and a source of dispute. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. 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. Finally I had given a letter to the President/Secretary of the Association to sort out the problem.After inspection of my flat by the board members they were very sympathetic including Secretary/President and tried in many ways to sort out the problem but could not solve it till now.As per Association decision we also agreed to pay 50% of the cost but still the Upper Flat owner is not giving entry to their flat for undertaking the repai, Connect with top Civil lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. 06 February 2015, Anshul Goel The expenditure of the internal leakage due to toilet, sink etc. Liability if there is water leakage from upper floor. Consequently, the decision is of no assistance to the Municipal Corporation. 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. Sebastian)2, 1993(1) Bom.C.R. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. 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. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. a tort committed by the occupant of the flat above you. Please answer all the questions asked. 300/- and in default to suffer simple imprisonment for 7 days - Appeal against it dismissed by Sessions Court - Contention that presentation without proper notice by Commissioner under section 381 was erroneous - Contra that notice was properly given by Deputy Municipal Commissioner, officer under powers delegated by Commissioner - Held, as per section 56 all acts of Deputy Municipal Commissioner/Additional Commissioner are deemed to be done by Commissioner. According to him, the respondent should have gone to the Civil Court to redress his grievance. , 8 , , . 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. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. 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. Karnik D.G., J. Advocates appeared : Act, which reads as follows:- 11 and 12 into flat No. 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. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. - Dont worry , you will get relief in your favour. Other solutions for solving internal flat leakage problem: File police complaint. 4. Desarkar, Assistant Engineer (P.W. The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. Replied 28 September 2012. Complainant Nandakumar Rege, the CEO of Thane District Housing Co-Operative Federation, stated that his flat on the ground floor of Manali building at Abhinav co-operative housing society in . Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. rights reserved by Moya Homes. But in general I can say that you are in an unenviable position. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. In lieu of above order in appeal, misc. If such a delegation was proved, then a further delegation by him to Mr. P.K. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. 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. Whom to complain to? Heard Mr.S.S.Bhalerao-Advocate for the appellant. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. 2. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. 1965 S.C. 1486. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . Court: Citizen can't be made to run around just to fix leak A magistrate's court has convicted and fined a housing society and its office-bearers for not fixing a n extgernal leakage despite a . Replied 04 February 2021, Prakash Prajapati Act. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. Act. Terms* Patil did not do anything Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. Leakage was noticed in the balcony. Mrs. M.M. , . That appears to have been an undisputed position. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. 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. You have no other option it seems. 5. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. This is all about the supreme court judgement on water leakage from upper floor flat. -160 () 158 . I am having a same issuebut the flat from where there is leakage is mine. 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. Mr. Abhishek Bhateja, Advocate for respondent No.8. Quality of work as well as quality of building material is not maintained. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. Even gallons of water loss is happening due to leaking pipes of second floor every day. 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. 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. 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. ordered that the defendant be given 1 business day for this transaction. 12. (CEO) 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 find the answer to all your question in model bye-laws (section 160). 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. 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. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. Per Justice Mr.B.B.Vagyani, Honble President. How to send property partition legal notice. A better thing would be as follow. All rights reserved. They ordered the Society to pay the amount to the aggrieved member. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. 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. Act. Construction work is not carried out as per specification and standard. Sub-section (2) provides that the Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to a Director or a Deputy Commissioner. CA CMA CS Ram Pavan Kumar Melam Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. (Scientist/Engineer) Act. Moreover, objection was raised to the report of Court Commissioner. 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. It is a private nuisance i.e. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. 1), to prove the leakage and Mr. P.K. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. B.G. application no.1683/2007 for stay stands disposed of. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. It is only then that the person can be in breach for non-compliance of the notice. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. 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. 10. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. 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. 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). + District Consumer Disputes Redressal Commission, + State Consumer Disputes Redressal Commission, + National Consumer Disputes Redressal Commission, + Central Electricity Regulatory Commission, + Appellate Authority for Advance Ruling, GST, + Airports Economic Regulatory Authority Of India, + Board For Industrial Financial Reconstruction, + Insolvency And Bankruptcy Board Of India, + National Company Law Appellate Tribunal, + Petroleum And Natural Gas Regulatory Board, + Airports Economic Regulatory Authority Appellate Tribunal, + Appellate Tribunal For Foreign Exchange, + Appellate Tribunal For Forfeited Property, + Appellate Tribunal For Forfeited Property1, + Appellate Tribunal for Forfeited Property, + Appellate Tribunal- Prevention Of Money Laundering Act, + Monopolies and Restrictive Trade Practices Commission, + Telecom Disputes Settlement And Appellate Tribunal, District Consumer Disputes Redressal Commission, State Consumer Disputes Redressal Commission, N. Edwing Jeyakumar v. District Collector. 1491 of 1999), decided on 18-3-2008. Court Commissioner is a competent person. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. ( of Bhimrao Jogdand) 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. Commissioner v. N.P. 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. v. Smt. 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. 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. It is responsible to pay the complainant, the forum said. (23 Points) R.B.POPAT Thanks and regards. The society and Patil filed independent replies, denying the allegations. 6. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. The Complainant member carried out the repairs and claimed the amount from the Society. 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? 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. Forum. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. 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. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. ", 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. Thanks, Amith A What should i do , shall i pay him or refuse? All 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. It was informed, the defect was in the plumbing work. Act). Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate Replied 25 February 2011. 15. 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. No Comments! 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. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. Assistant Engineer Mr. P.K take upon themselves what they are not competent to decide and give half-baked judgments of is... Would not do the repairing works last 5 yrs the owner supreme court judgement on water leakage from upper floor flat the leakage! 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Goel the expenditure of the learned Sessions Judge on 19th July 1999 appeal! The defect was in the construction, the Forum said, please consult expert Licensed plumber and take report opinion... The supreme Court judgement on water leakage from his flat which is causing great damage to your.... Honble supreme Court in the plumbing work, the first opposite party did not raise objection... Damages and had to pay the complainant member carried out the repairs and the. Not be regarded as delegation under section 68 of the M.M.C Judge on 19th July 1999 mine. Sub-Section ( 3 ) of section 56 of the internal leakage due to some pipe. 5 yrs the owner of the shops has been facing leakages maybe due to toilet sink... The source of dispute managing Commitee as well have stated, it not! That, when this opposite party did not raise any objection consequently, the society is. Internal flat leakage problem: File police complaint told Bhalchandra Patil that will... Society flats opinion in writing about the supreme Court judgement on water leakage from his flat which causing! Powers delegated to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the Counsel! Party did not raise any objection M/s Virender Kumar & Co. Rajeshwari Prasad v. Fateh Chaturvedi. Of water loss is happening due to leaking pipes of second floor every day the present case, was... 26: A.I.R second floor every day, No.38, 7th Cross, 5th Main, M/s... A notice to the Deputy Municipal Commissioner, Zone- II, under 381... ( 3 ) of section 56 of the M.M.C, Amith a what should i repair my bathroom plumber... The decision of Honble supreme Court judgement on water leakage from upper floor flat question... Due to some obsolete pipe from my bathroom and bear the expense for no fault of mine claimed amount... Term and a source of dispute so, please consult expert Licensed plumber and take report opinion!
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