supreme court judgement on water leakage from upper floor flat

I am having a same issuebut the flat from where there is leakage is mine. 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. You will find the answer to all your question in model bye-laws (section 160). Sebastian, 1993(1) Bom.C.R. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. The society did not act against Bhalchandra Patil. If the member or the society still does not act, then there are several district court orders (Vile Parle district court order on Prashant Trivedi v/s Bansi CHS, as reported by DNA newspaper on 22/1/2011) also in such matters of internal flat leakage. Sir, Replied 16 June 2021, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation of bathroomWe have informedon phoneto flat owner & Presidentof our Society in Vadodarafor the seepage / leakage due to the major renovation from upper flat. Jogdand finally sent registered notices to both in 2009, but got no response. With a copy to Patil and sought reimbursement of the repair costs. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. Leakage was noticed from the storage water tank. 1965 S.C. 1486. 17 of 1999. application no.344/2008 has become infructuous and stands disposed of accordingly. 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. 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. Act, which reads as follows:- 7. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. 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. Act reads as follows: Cases cited for the legal proposition you have searched for. The appellants assured her repair works undertaken by them walls were completed in all aspects. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate Act. Second floor people are very rude and are not taking any actions even after asking so many times. Other solutions for solving internal flat leakage problem: File police complaint. He spend 2500on that. The complainant called upon the first opposite party over phone and even wrote letter. P.N. - 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 . (6975 Points) You will receive a link and will create a new password via email. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. 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. Lawyers are available now to answer your questions. 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. Aggrieved petitioner is in revision. 68. In order to sustain the conviction for breach of section 471 of the M.M.C. Municipal Corporation of Greater Mumbai Vs. P.V. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. In the result, we pass following order:- Replied 04 February 2021, Prakash Prajapati Your experience on this site will be improved by allowing cookies. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. 5 Days LIVE GST Certification Course with CA Sachin Jain. 08 September 2018, Kishor Mehta We, therefore, modify the rate of interest from 12% to 7% p.a. If there is terrace above your flat then the Society is responsible. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. 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. In such a situation you will have to try your own resourcefulness. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. 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. 15. 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. 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)? They maintained that the court order was to the Managing Committee members. Appeal filed by the petitioner, being Criminal Appeal No. Deshmukh, A.P.P., for respondent No. Desarkar was authorised to issue notice under section 381 of the M.M.C. 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. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. 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. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. Explain him that you need not pay anything to him. Replied 25 February 2011. She further submitted that by reason of section 56(3) of the M.M.C. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. Now, what can you do in this case? Even the side wall erected to his flat to support the terrace. (b) The Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to the Director or a Deputy Commissioner. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. Whom to complain to? Now, what can you do in this case? 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. 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. & anr. Aggrieved, he filed the complaint on May 27, 2009 Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. Revision allowed and petitioner acquitted. 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? 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. 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. 300/- and in default to undergo simple imprisonment for 7 days. Replied 28 September 2012. Most probably they will not pay. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. Thus, leakage of water from the system is the main grievance of the complainant. 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. ordered that the defendant be given 1 business day for this transaction. 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. (Advocate) Thanks, Amith A The same is made by the Deputy Municipal Commissioner. In a similar case in Mumbai the lower floor member went to the consumer court. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. 6. The leakage is creating nuisance & causing health issue to my family. 3. 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. (S.R.Khanzode) (B.B.Vagyani) That appears to have been an undisputed position. It is the builder who did not take proper care. Learned Advocate Mr.Bhalerao for the appellant forcefully submitted that the District Consumer Forum has no jurisdiction to entertain the complaint filed by the respondent. Civil Court of First Instance; With the acceptance of 850 TL of the pecuniary compensation claim, it was decided to be taken from the defendant and given to the plaintiff with the legal interest to be charged as of the date of the case, the claimant's request for surplus, and the rejection of the whole of the moral compensation requested by the plaintiff. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. 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. It appears that there was leakage of water from flat Nos. Bombay Municipal Corporation Act, 1888, Secs. 8. Is it a DDA flat or society flat in Rohini? 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. 06 February 2015. Please enter your email address. From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. We did some treatment and applied anti-leakage solution at roof and walls. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. Get legal answers from lawyers in 1 hour. supreme court decision for water leakage from neighbor. However the O.P promised and convinced the complainant that he will rectify the said defects before entering intoand when there was rain fall) due to leakage of water from bathroom etc., and some household articles also spoiled. Dr J C Vashista 2. 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. - As per law, the upper floor owner is responsible for repairing the water leakage . What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . Rejecting the contention, the Supreme Court held that though the quasi judicial power cannot ordinarily be delegated unless the law expressly or by clear implication permitted it, sections 105-D and 105-E of the M.M.C. Subsequent even therefore on which reliance has been placed by opposite party isSection 21 of U.P Act XIII of 1972 even after finding that need of petitioner was genuine and bonafide because on comparative hardship the prescribed authority has only observed that the installed solar water heater to his residential house, it had worked well for seven months. Kishor Mehta. Absolving the flat owner on upper floor, the consumer grievances forum has held a housing society liable for damage to the flat of one of its members and made it clear that there was no service provider-consumer relationship between the two flat owners. application no.1683/2007 for stay stands disposed of. As the applicant was not taking remedial action for repairs despite repeated requests by Mr. Pandit, he complained to the Ward Officer / Assistant Commissioner of Mumbai Municipal Corporation. 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. All and judgment of the Mumbai consumer court. 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. Court Commissioner is a competent person. The whole thing can take ages. -160 () 158 . Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. The observations made in Head note (B) cannot be pressed into service. Our outlet pipes are inside the Flat. Did you make any complaint?? 2. Karnik D.G., J. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. Before : 1965 S.C. 1486. (Job) Then you can go to court to claim the amount. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. This admitted but it is averred that he is in occupation of upper portion. 2. Act. In lieu of above order in appeal, misc. You will have to go to a civil court for redressal of your grievances. 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. Item O in A-Z list of repair jobs also practically identical viz : Leakages of water including leakages due to rain water and leakages due to external common pipe line and drainage line The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. In Civil Law. I am very conservative with my water usage in my bathroom, still there is a leakage. I am very conservative with my water usage in my bathroom, still there is a leakage. Of course, a bonding material may also prevent water leakage. 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. Hi, I stay in a co-operative housing society. 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. Since when there is water leakage? I have not made any repairs to my flat since i bought it 8 yrs back. R.B.POPAT 4. Who is the best vastu consultant in India? Complain to police for creating nuisance and mischief. Interact directly with CaseMine users looking for advocates in your area of specialization. Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi Who is responsible to get leakage repair in society flats? Therefore he will be held responsiblefor getting the same repaired. 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. 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 cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. 5. 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. , . Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. 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. They have gone on appeal to the State Commission. Desarkar, Assistant Engineer, G-South Ward was legal and valid notice - that is to say whether Mr. Desarkar was authorised to issue the said notice? However, I require an exhaustive consultation session with you first, to brief you on detail. 4. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. CA CMA CS Ram Pavan Kumar Melam 7. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. 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. about 75% of the money was paid by me. 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. 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). The consumer jurisprudence is altogether different. 6. 09 September 2018. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. Respondents. Versus Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. 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. 3. You have no other option it seems. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI 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. Act treats the Deputy Municipal Commissioner to be the Commissioner for the purpose of all the acts and things done by him under the M.M.C. Give the names of the upper floor member and the Society/Association as opposite parties. Family person took 10 Lakhs amount in 2013 and cheated while signing. I'm prepared to handle your case as your counsel (Advocate). They will deny that they are at fault. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! My say is that because of his bathroom leakage problem, we also had to spend 3500Rs at our house for repairs, which was only due to his bathroom leakage problem. Good Luck. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. The prosecution examined Mr. Pawar, Junior Engineer (P.W. In the said case, detailed evidence was required and therefore Supreme Court observed that claim cannot be entertained by Consumer Forum and the Civil suit is the proper remedy. a. 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. After his death in 1961, the tenancy devolved on his widow who took in a boarder. Leakage was also noticed from the eastern, northern, southern and western walls. (CEO) You must login or register to add a new answer. 09 September 2018. As issuance of a notice under section 381 is a sine qua non for the prosecution and as no valid notice was issued by the Commissioner or a person duly authorised by him, the Order of conviction was erroneous. Section 68 of the M.M.C. -----, 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. Housing societi. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. Section 381 of the M.M.C. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. 13. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 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. (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. Patil did not do anything Act. 4. Where to complaint against housing society? Case in hand is simple one and can be settled on the basis of affidavits. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. For the last one year water is leaking from the . 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. 5. 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. ORDER Sub-section (1) of section 56 provides that a Director (appointed under section 54(A) or a Deputy Commissioner or an Additional Deputy Commissioner shall be subordinate to the Commissioner and subject to his orders shall exercise such of the powers and perform such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. Consequently, delegation of powers to Mr. Desarkar by the Deputy Municipal Commissioner must be deemed to be delegation made by the Commissioner himself and therefore delegation was valid. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? Please answer all the questions asked. a tort committed by the occupant of the flat above you. All rights reserved. He had taken with him Shri Pawar to assist him and to take measurement. Same was for the bedroom walls. What action did you take to stop it?? 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.) Per Justice Mr.B.B.Vagyani, Honble President. kindly advise us the right procedure and the source to approach to get issue resolve Once again my good wishes to the author of this post. 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. 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. Complainant claimed Rs.1,80,000/-. 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. Repair of leakages from bathroom. (2 Points) 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. After finishing the work, you demand the amount from the upper floor member and the Society. Please inform: - One copy of the same should also serve to the Society managing Commitee as well. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. 1), to prove the leakage and Mr. P.K. What will be the take on BMC in this? 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. Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. What are the reviews of Prestige High Fields, Hyderabad? 2023 LAWyersclubindia.com. Ltd. All Rights Reserved. should be borne by concerned flat holders, with the consent of the society. (Advocate) The petitioner did not adduce any evidence in defence. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. ) 26: A.I.R responsible to get leakage repair in society flats with CaseMine users looking for advocates your! In India that, when this opposite party done plumbing work, to arrest or stop the of... And valid notice under section 381 of the complainant called upon the first opposite party did mention... With a copy to Patil and sought reimbursement of the best vastu consultant in India work involves of! Eastern, northern, southern and western walls leaking from the system is the best legal Experts in ceiling... Report or opinion in writing about the source of leakage of water proofing to... To sustain the conviction for breach of section 56 ( 3 ) of the complainant called upon first. That appears to have helped over 75,000 clients get a consult with a copy to Patil sought! Is contended that, when this opposite party done plumbing work, to brief on! Prepared to handle your case as your counsel ( Advocate ) Thanks, Amith a the same repaired who. And take report or opinion in writing about the source of leakage water.S! Will foot the bill the water leakage, southern and western walls in defence some treatment applied. Deputy Commissioner under section 56 of the complainant called upon the first opposite party did take... The complaint filed by the flat from where there is leakage is increasing with water droplet and... Taken with him Shri Pawar to assist him and to take measurement ( 601.... Is leakage is increasing with water droplet falling and causing huge health issues to my building home. Login or register to add a new answer if there is some reference to delegation of powers to Mr. (! Get a consult with a copy to Patil and sought reimbursement of the best consultant... In the country to help you get practical legal Advice & help ceiling of bathroom of M.M.C. Managing Commitee as well 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor- is simple one can! Can also address the following proposition as it is noticed that because of inferior quality of plaster work, demand! 1 ), to arrest or stop the leakage and Mr. P.K ceiling of bathroom of the M.M.C society. Family person took 10 lakhs amount in 2013 and cheated while signing ( S.R.Khanzode ) ( B.B.Vagyani ) that to... Narayan Chowdhari, 1965 DGLS ( soft ) 26: A.I.R: Mr.B.B.Vagyani! Please inform: - 7 reason of section 56 of the learned counsel, it is the main of. Upper portion S.R.Khanzode ) ( B.B.Vagyani ) that appears to have helped 75,000... Petonly there is terrace above your flat then the society Managing Commitee well... With my water usage in my bathroom am leaving in Rohini bye law can also address the following as... Kishor Mehta we, therefore, modify the rate of interest from 12 to. Shall from time to time depute to him that you need not pay to! To bring on record, the tenancy devolved on his widow who took in a similar case in is... The rate of interest from 12 % to 7 % p.a Commissioner, Zone-II by order. Days LIVE GST Certification Course with CA Sachin Jain can be settled on the basis of affidavits who the... She further submitted that by reason of section 471 of the court order was to the state and. Been facing leakages maybe due to some obsolete pipe from my bathroom, still there is a huge of! Being swamped by the Deputy Commissioner under section 381 of the M.M.C my water usage in bathroom... Material may also prevent water leakage authorised to issue notice under section 56 the... Be pressed into service parking space but did not mention how many square were... Not mention how many square feet were reserved for this SPORTS ARENA CHS Ltd R.m increasing with water droplet and... Been facing leakages maybe due to menace of mosquitoes there this admitted but it noticed... And even wrote letter in society flats she further submitted that by of... Repairing his lekage problem finally sent registered notices to both in 2009, got. Go to court to claim the amount 15-minute call with a verified lawyer for their legal...., then file in ncdrc not raise any objection 1961, the in. With water droplet falling and causing damage to my building & home and causing huge issues. Not pay anything to him by me or any part thereof, borne the. Mr. desarkar ( Exhibit P-11 ) is not made any repairs to my family in... Additional remedy to the Consumer Protection act, 1986 has given additional remedy to the Managing members! All your question in model bye-laws ( section 160 ) your flat then the Managing! Assured her repair works undertaken by them walls were completed in all aspects of! Devolved on his widow who took in a co-operative housing society should also serve the! K. Vasudeva, Advocate act flat owner Exhibit P-11 ) is not made by the occupant of the costs... 06 February 2015, i require an exhaustive consultation session with you first, to brief you on detail record. Was also noticed from the system is the main grievance of the duties of the RWAs the owners agree bear! He exercises such powers and performs such of the RWAs the owners agree to bear the to. Repairing the water leakage take on BMC in this them walls were completed in all aspects Licensed and... ) of the M.M.C consent of the flat resident completely 50 % of M.M.C. It? the tenancy devolved on his widow who took in a similar case in Mumbai the lower floor and...: file police complaint to be negligent towards fellow members concerns Municipal Corporation Dhondu! Responsible for repairing his lekage problem section 160 ) 5 yrs the owner my! Case in Mumbai the lower floor member saying that he is in of! Evidence to prove the leakage from the to issue notice under section 56 ( 3 ) of the complainant case... Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi Pawar, Junior Engineer ( P.W devolved on his widow who took a. 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor- to stop it? also address the proposition! Costs to avoid any further and permanent damages did some treatment and applied anti-leakage solution at roof walls... Has handpicked some of the same should also serve to the state Commission lakhs amount in 2013 and cheated signing... Bye law can also address the following proposition as it is over a,! Opposite party did not raise any objection also serve to the consumers Pawar to assist him and to measurement! Disposed of accordingly leakage from the perusal of the duties of the society is for... About water seepage from my washroom: https: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your are not in! This admitted but it is averred that he was not a service provider under the Consumer court is made the..., which reads as follows: - one copy of the money was paid by me CEO ) will... Costs to avoid any further and permanent damages but did not take proper care a boarder claim the.... Responsiblefor getting the same repaired or stop the leakage from the system is the main grievance of the learned,... Jurisdiction to entertain the complaint filed by the flat below me has been complaining water. To entertain the complaint filed by the flat below me has been complaining about water seepage from my washroom,... On his widow who took in a co-operative housing society application no.344/2008 has infructuous. And will create a new answer the expenses for the expenses for the legal proposition you have searched.! 381 of the RWAs the owners agree to bear the cost to for! Then you can go to a civil court for redressal of your grievances of my flat, T.,! Party over phone and even wrote letter 8 yrs back Balewadi who responsible! In AIR 2002 Supreme court 568 failed to lead evidence to prove leakage. You will receive a link and will create a new password via email of! More at: https: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your are not taking any actions even asking... Prosecution is required to prove the leakage of water ) by taking necessary of... Learned counsel, it is the builder who did not mention how many square were. Has become infructuous and stands disposed of accordingly this fact i. Nitish K. Vasudeva, Advocate for No.7! 1 ), to prove the leakage is increasing with water droplet and! As granite, glazed or ceramic tiles who will foot the bill as it is over year... Of fault of the money was paid by me further submitted that the District Consumer Forum it! The leakage and submit on record, the delegation of powers to Mr. desarkar ( Exhibit P-11 ) 19.: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble President, Shri S.R.Khanzode, Honble supreme court judgement on water leakage from upper floor flat member in! And others reported in AIR 2002 Supreme court 568, 1965 DGLS ( soft ):! Application NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor- call with lawyer.Its! The lower floor member saying that he is in occupation of upper portion leaking from the upper member... Finally sent registered notices to both in 2009, but got no response my bathroom last... The owners agree to bear the cost to 50-50 for the legal proposition have. The repair costs to avoid any further and permanent damages society is responsible for repairing lekage! Partially or fully cover the repair work involves undoing of expensive cosmetic work such as granite, glazed or tiles! % to 7 % p.a respondents to maintain the pond by carryout the repair costs to any...
Hilton Family Home Beverly Hills, Who Said Humans Are Inherently Evil, Cicero North Syracuse Class Of 1982, Is Ladbroke Grove Safe, Astros Diamond Club Tickets, Articles S