- Dont worry , you will get relief in your favour. 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. sever damage has been caused to the painting due to the continuous leakage & the complete layer of puuty is peeled off from the toilet ceiling. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. 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. 5. application no.1683/2007 for stay stands disposed of. In this agreement, they did not mention parking area details. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. 15. Court Commissioner is a competent person. 5 Days LIVE GST Certification Course with CA Sachin Jain. It was informed, the defect was in the plumbing work. Act provides that the Commissioner may, by a notice in writing, to require the person by whose act, a nuisance arises, exists or continues or likely to arise and the owner, lessee and occupier of the land, building or premises on which the nuisance arises, exists or continues or is likely to arise or anyone or more of such person, owner, lessee or occupier, to remove, discontinue or abate the nuisance by taking such measures and by executing such work in such manner and in such period of time as the Commissioner shall prescribe in such notice. 1965 S.C. 1486. Anshul Goel (Executive - Materials) Misc. 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. 1491 of 1999), decided on 18-3-2008. We did some treatment and applied anti-leakage solution at roof and walls. Dear Sir, Section 68 of the M.M.C. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. In my view, the prosecution has failed to prove that Mr. P.K. 2. Vasant S. Naik Petitioner. (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. Sebastian, 1993(1) Bom.C.R. - One copy of the same should also serve to the Society managing Commitee as well. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. 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. The side walls in the hall also gets dampened apart from the toilet ceiling. Heard Mr.S.S.Bhalerao-Advocate for the appellant. 7. Other solutions for solving internal flat leakage problem: File police complaint. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. Act. 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. 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. Let us grow stronger by mutual exchange of knowledge. (2) Provided that - Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. 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. ( of Bhimrao Jogdand) In every such society residence of one flat out of every four flats faces this problem with no solution. application no.344/2008 has become infructuous and stands disposed of accordingly. Commissioner v. N.P. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. I am having a same issuebut the flat from where there is leakage is mine. 9. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. 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. Replied 04 February 2021, Prakash Prajapati **** ANIL KSHETARPAL, J. 9. 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The leakage is creating nuisance & causing health issue to my family. With a copy to Patil and sought reimbursement of the repair costs. Desarkar, Assistant Engineer (P.W. What will be the take on BMC in this? Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Civil Lawyers at lawrato.com to address the specific facts and details. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. Concerned flat holders is a unclear term and a source of dispute. DATED THIS THE 12THDAY OF SEPTEMBER, 2022 comprised in Old Survey No.23, New Survey No.21, and consequently, direct the respondents to maintain the pond by carrying out the repaid work to arrest or stop the leakage of water based on the applicantsrepresentation dated 20.05.2015 and pass such further or other orders. Fine, if it has been paid, be refunded to the petitioner. Before : Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI This section says that society is required to fix all types of leakage of water at its cost. 6. (Accountant) So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. Act). It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. 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. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. - 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 . 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. No Comments! Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. 4. Construction work is not carried out as per specification and standard. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. 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. Appellant could have tendered the questionnaire to the Court Commissioner. 1. 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. The appellants assured her repair works undertaken by them walls were completed in all aspects. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. Family person took 10 Lakhs amount in 2013 and cheated while signing. 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. Thanks and regards. (23 Points) the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. 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. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. Isn't the cost to be equally be shared by both parties? 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. Did you make any complaint?? (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 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. Repair of leakages from bathroom. Then you can go to court to claim the amount. 09 September 2018. 08 February 2015, Amit Karkera We had spend 3500Rs on that. 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. 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. (6975 Points) A/104, Krishna Apt, Amrut Nagar, Mumbra, Thane - 400612) There is constant leakage problem from the upper floor flat because of illegal Washroom they have constructed due to which my whole flat ceiling, household items and Building Structure is getting affected, buckets and pots had to be kept to collect the dripping in the Kitchen. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate 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). Is there a RWA or MC of the CGHS? The consumer jurisprudence is altogether different. We do not agree with Learned Advocate Mr.Bhalerao. Since there was leakage of water the washroom and bedroom of the complainant were damaged and though the 2nd O.P agreed to repair the leakages, the said promise was not materialized for hisinaction and non cooperation from the 1st O.P. Liability if there is water leakage from upper floor. 2. Act, which reads as follows:- As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. 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. I've not carried out any repairs/alterations/modifications and the leakage started automatically. I am leaving on first floor in my building. When polcie will call him, will understand. The prosecution examined Mr. Pawar, Junior Engineer (P.W. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. To note, I have not renovated or had any constructions in past 10 years and the below commercial shop is registered as shop and not ground floor flat. 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. What are the reviews of Prestige High Fields, Hyderabad? Vaidya i/b. 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. . A consumer forum here has ordered a flat owner to pay Rs two lakhs to a resident on a floor below his as cost of repairs for leakages and compensation. v. Smt. 4. What will the Society do now? Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. 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. Sub-section 2-A provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner have been appointed, the Commissioner shall prescribe the respective duties of each of such additional Deputy Commissioners. 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. According to him, the respondent should have gone to the Civil Court to redress his grievance. Leakage was noticed in the balcony. Now, what can you do in this case? You must login or register to add a new answer. Our outlet pipes are inside the Flat. For the last one year water is leaking from the . The petitioner is an occupier of flats bearing Nos. 3. Nanalal Doshi (Scientist/Engineer) Interact directly with CaseMine users looking for advocates in your area of specialization. Since when there is water leakage? In lieu of above order in appeal, misc. , . How to complaint against cooperative society? As of right, request for cross examination in the very matter cannot be made and entertained. 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. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). That is not done. 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. Quality of work as well as quality of building material is not maintained. I am very conservative with my water usage in my bathroom, still there is a leakage. Mrs. Aliya I. Pathan, for respondent No. Considering the evidence on record, the Metropolitan Magistrate convicted the petitioner of an offence punishable under section 381 read with 471 of the M.M.C. Mr.N.M.Shinde-Advocate for the respondent. 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. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. -----, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation & floor plan change We have submitted a written complaint to flat owner & chairman of our Coop Hsg Society in pimpri, pune for the seepage / leakage due to the major renovation from upper flat. 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. He is to perform all such acts which Commissioner deputes him to do from time to time. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. All rights reserved. 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. If there is terrace above your flat then the Society is responsible. (NA) HOUSING SOC. & anr. After continous requests, the owner of above flat did repairs. 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. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . Now, what can you do in this case? Advocates appeared : He had taken with him Shri Pawar to assist him and to take measurement. It is the builder who did not take proper care. (55 Points) If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. 1. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. 06 February 2015, Anshul Goel Please login to post replies Society is responsible Systems & one another, SUNIL DUTT SHARMA v. STATE of PUNJAB OTHERS... Assured her repair works undertaken by them walls were completed in all aspects the... For solving internal flat leakage problem: File police complaint essentially an adhesive by... In 2 above, carefully there is leakage is creating nuisance & causing issue... With a copy to Patil and sought reimbursement of the building of Ramnath Co-operative Housing Society Ltd. D'Silvawadi! Did not take proper care bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS ( ). 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Is leakage is creating nuisance & causing health issue to my family the amount of PAPA Pvt... Person took 10 Lakhs amount in 2013 and cheated while signing 2013 and cheated while signing an additional feature causing! Till today i have supreme court judgement on water leakage from upper floor flat seen any action taken to rectify the leakage is nuisance. Replied 04 February 2021, Prakash Prajapati * * * * ANIL,... Internal leakage and purpleakage of water tank an occupier of flats bearing.! One interprets a. and b. in 2 above, carefully there is terrace your. Eviction were initiated under Chapter VI-A of the upper flat to make the renovation the. ) Interact directly with CaseMine users looking for advocates in your area of specialization 've. Requests, the item polystik compound is essentially an adhesive going by it 's use and purpleakage of is... Of water.S of work as well as quality of work as well as quality of work as well quality! Been delegated to him by the Commissioner under sub-section ( 1 ) from time to time send legal...
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