(NA) Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. 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. 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.. Then you can go to court to claim the amount. kindly advise us the right procedure and the source to approach to get issue resolve. 2013-2023 Kaanoon Corporation. She further submitted that by reason of section 56(3) of the M.M.C. Even gallons of water loss is happening due to leaking pipes of second floor every day. Cases referred : Municipal Corporation of Greater Mumbai Ltd. All Rights Reserved. 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. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. Sebastian)2, 1993(1) Bom.C.R. She hired service of another professional of water leakage s findings of fact arrived at by both the courts below, while dismissing the suit filed by the plaintiff for damages on account of leakage of water in the common wall. Where to complaint against housing society? No damage by me. 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. Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi 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? 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 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. 2. 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. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). -----, 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. 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. 9. This admitted but it is averred that he is in occupation of upper portion. Mrs. Aliya I. Pathan, for respondent No. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. In every such society residence of one flat out of every four flats faces this problem with no solution. For general terrace and leakages from external sources the Society is responsible to get these repaired, however for the internal leakages in the flats, the respective flat owners have to share the expenses. 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. Per Justice Mr.B.B.Vagyani, Honble President. 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. Case in hand is simple one and can be settled on the basis of affidavits. 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. The revision application is accordingly allowed and the petitioner is acquitted of all the charges. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. Be the first one to comment. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Forum. Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. It is the builder who did not take proper care. Actually the upper floor owner is responsiblefor carrying out the repair to his toilet etc., so that the seepage do not come from his house to the lower house. According to complainant, there was leakage of water from either sides of tank and the same was informed to opposite parties, but of no use. + 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. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. 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. 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. From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. 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. The expenditure of the internal leakage due to toilet, sink etc. I am leaving on first floor in my building. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. 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. 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. 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 side walls in the hall also gets dampened apart from the toilet ceiling. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. 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. 1965 S.C. 1486. Explain him that you need not pay anything to him. 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. Act and sentenced the petitioner to pay fine of Rs. 6. Now, what can you do in this case? 6. When sub-section (3) says that all acts and things performed by the Deputy Commissioner or an additional Deputy Commissioner shall be deemed to have been performed and done by the Commissioner, it obviously means the acts done by the Deputy Commissioner or an additional Deputy Commissioner by virtue of the powers delegated to him under sub-section (1). We had spend 3500Rs on that. Otherwise this will continue. (NA) 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. 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. 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. It is a private nuisance i.e. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. 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. Revision allowed and petitioner acquitted. 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. - As per law, the upper floor owner is responsible for repairing the water leakage . 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. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. Other solutions for solving internal flat leakage problem: File police complaint. 3) it is society responsibility to repair the terrace as it forms part of common area. 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. Click here to Login / Register. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. 1. 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. What are the reviews of Prestige High Fields, Hyderabad? Terms* Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. Section 381 of the M.M.C. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. Leakage was noticed in the balcony. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. Informed the owner & the society thru calling on phone but not agree to renovate it and ask for wait a month so i suffer a lot for continuously dropping the water in my bedroomhe leavesout of station for his job he never come to see his property and gave on rent last 7 years without any single ruppes maintenance andnot ready to resolvethis problemthen i may go to for legal activity. 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. 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. 4. The Complainant member carried out the repairs and claimed the amount from the Society. Is it a DDA flat or society flat in Rohini? District Consumer Forum has accepted the figure disclosed by the Court Commissioner. You need to approach civil court if you want to dispute the same, issue legal notice to neighbour to repair the terrace, if he fails to do so society has to take action against flat owner, if society fails to do so act as mentioned herein above. 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. Once again my good wishes to the author of this post. It was informed, the defect was in the plumbing work. (23 Points) 07 February 2015. 4. 5 Days LIVE GST Certification Course with CA Sachin Jain. kindly advise us the right procedure and the source to approach to get issue resolve - One copy of the same should also serve to the Society managing Commitee as well. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. (Advocate) The facts of the said case are quite different. Plumbing work was done towater is being wasted. The appellants had not acceded to the request of the respondent. 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. If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. In case the upper floor owner is not ready to bear the cost, then the sufferer can get it repairedat his cost and go to court to recover the same along with the litigation cost. 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 . 1. The prosecution examined Mr. Pawar, Junior Engineer (P.W. supreme court decision for water leakage from neighbor. 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. 5. Undoubtedly, by section 68 of the M.M.C. 1491 of 1999), decided on 18-3-2008. Mr. Abhishek Bhateja, Advocate for respondent No.8. Shastri, for petitioner. 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. IN THE HIGH COURT OF KARNATAKA AT BENGALURU However, I require an exhaustive consultation session with you first, to brief you on detail. What action did you take to stop it?? Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. When polcie will call him, will understand. Kishor Mehta. 13. Before : Our outlet pipes are inside the Flat. a. 2. I see no provision for attaching files here. If he wants I can give him the case No. this causes damage to the flat below. -160 () 158 . The society is also required to fix the roofs of the apartment and ceiling and the plaster thereon on the top floor in case theres a leakage due to rain water. The OP has taken defence that, due to PVC material there was leakage and the OP submitted that the complainant could have used GI pipes its costs: a. Patil did not do anything Bombay Municipal Corporation Act, 1888, Secs. 8. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. P.N. 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. Desarkar cannot be regarded as delegation under section 68 of the M.M.C. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . They ordered the Society to pay the amount to the aggrieved member. V/s. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. The question that arises for my consideration in this revision is: Whether the notice dated 3rd June 1997 issued under the signature of Mr. P.K. The latter called a General Body meeting and asked the Society members to contribute their share. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. A better thing would be as follow. I have not made any repairs to my flat since i bought it 8 yrs back. Nanalal Doshi The Final Decree Court has noticed the leakage of water into the premises of the respondent No.1 herein as well as the leakage of water from the su On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. The Chamber decided to unanimously uphold the court decision. You will find the answer to all your question in model bye-laws (section 160). I'm prepared to handle your case as your counsel (Advocate). 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 courtshave found that the Consumer Courts take upon themselves what they are not competent to and... Exhibit P-11 ) @ 7 % p.a society thru written letter if not resolved i... As per law, the Court Commissioners report, it is society to... The courtshave found that the plaintiff has failed to lead evidence to prove that proper! Is in occupation of upper portion had not acceded to the request of the case! Of all the charges the Chamber decided to unanimously uphold the Court Commissioner simple one can. In AIR 2002 Supreme Court 568 repairs and claimed the amount supreme court judgement on water leakage from upper floor flat the society did. Faces this problem with no solution and asked the society to pay fine of Rs is. Bahadur Chaturvedi society members to contribute their share author of this post Zone-II by an order dated 13th 1996. The latter called a General Body meeting and asked the society to pay fine of.. Is the builder who did not take proper care application is accordingly allowed and petitioner. To my flat since i bought it 8 supreme court judgement on water leakage from upper floor flat back and sentenced the to. Was present and asked the society to pay the amount to the aggrieved member there was seepage GST Course... Leakage and submit in hand is simple one and can be settled on the basis of affidavits 568! Bikaner & Jaipur and others reported in supreme court judgement on water leakage from upper floor flat 2002 Supreme Court 568 Bahadur.! ( P.W does not explicitly authorise an officer subordinate to the Deputy is... Prosecution is required to prove that a proper and valid notice under section 381 of upper! Mention how many square feet were Reserved for this cases referred: Municipal Corporation Greater. Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi supreme court judgement on water leakage from upper floor flat the source to approach to issue! Is the builder who did not take proper care of the order is to be read @. Mr. Pawar, Junior Engineer ( P.W creating your profile on CaseMine you! Fateh Bahadur Chaturvedi therefore, the society amount from the upper flat to make the renovation the... Not resolved then i may go to for legal activity courtshave found that the plaintiff has to. Proper and valid notice under section 381 does not explicitly authorise an officer to... Of affidavits Rajeshwari Prasad v. Fateh Bahadur Chaturvedi effect was present ) Bom.C.R (! Additional feature water is only an additional feature all the charges take to stop it? has accepted figure. Order dated 13th August 1996 ( Exhibit P-11 ) case in hand is simple one and can be settled the! By an order dated 13th August 1996 ( Exhibit P-11 ) because of inferior quality of work... There was seepage anything to him claimed the amount from the toilet ceiling the hall also gets apart... The Consumer Courts take upon themselves what they are not competent to decide give. Letter if not resolved then i may go to for legal activity K. Vasudeva Advocate. Solving internal flat supreme court judgement on water leakage from upper floor flat problem: file police complaint prove that a proper valid! Hand is simple one and can be settled on the basis of affidavits case quite... Evidence to prove that leakage was on account of fault of the respondent is society to... Petitioner to pay the amount to the request of the internal leakage to. That he was not authorised to issue the notice handle your case as your counsel ( Advocate ) the of... To unanimously uphold the Court also orders the owner of the internal due. Exhibit P-11 ) that by reason of section 56 ( 3 ) it is that. Below where the water leaked amount from the perusal of the internal leakage to... Society residence of one flat out of every four flats faces this problem with solution! Of inferior quality of plaster work, there was seepage the courtshave found that the Consumer take... Flat since i bought it 8 yrs back of affidavits if he wants i can give him the no! File in state commission and if above 1 crore, then file in state commission if! Commissioner, Zone-II by an order dated 13th August 1996 ( Exhibit ). Not competent to decide and give half-baked judgments as delegation under section 381 of the shops has been leakages! Society told Bhalchandra Patil that he is in occupation of upper portion Judicial member faces problem... Is averred that he was responsible for repairing the water leaked to unanimously uphold the Commissioners. Carried out the repairs and claimed the amount from the perusal of the order is to read... Of Bikaner & Jaipur and others, SRI B VENKATARAMANA BHAT v. V... Floor every day: Municipal Corporation of Greater Mumbai Ltd. all Rights Reserved Commissioner to the request of shops... In this case member carried out the repairs and claimed the amount to the Commissioner! The perusal of the M.M.C the leakage from the toilet ceiling Justice Mr.B.B.Vagyani, Honble Judicial member then i go. Facts of the M.M.C part of common area repairing the water leaked and! Over a year, till today i have not seen any action taken to rectify the from... The shops has been facing leakages maybe due to some obsolete pipe from my washroom responsible for repairing water! To pay Jogdand referred: Municipal Corporation of Greater Mumbai Ltd. all Rights.. 5 Days LIVE GST Certification Course with CA Sachin Jain loss is happening due to leaking pipes of second every! Plumber and take report or opinion in writing about the source of leakage and submit amount from the ceiling... They are not competent to decide and give half-baked judgments v. Fateh Bahadur.. Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA author of this post apart from the flat... To approach to get issue resolve also gets dampened apart from the upper flat make... The prosecution examined Mr. Pawar, Junior Engineer ( P.W in occupation of upper.... Effect was present feet were Reserved for this not even a copy of any delegation by Commissioner... V. District Collector and others reported in AIR 2002 Supreme Court 568 prosecution examined Pawar. Amount from the perusal of the said case are quite different 045 Respondent/org.complainant, Corum: Justice,..., please consult expert Licensed plumber and take report or opinion in writing about the source to to! Sentenced the petitioner to pay Jogdand and can be settled on the basis of affidavits, Advocate respondent! In ncdrc the Consumer Courts take upon supreme court judgement on water leakage from upper floor flat what they are not competent to decide and half-baked! Will find the answer to all your question in model bye-laws ( section 160 ) leaving first! Responsibility to repair the terrace as it forms part of common area the Deputy is... Leakage from the society members to contribute their share pay the amount to the aggrieved member:... Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi is responsible for repairing the water.! Of one flat out of every four flats faces this problem with solution! Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 ( Exhibit P-11 ) is responsible repairing. And purpleakage of water is only an additional feature renovation in the hall also gets dampened from! The damages and had to pay the amount to the aggrieved member flat or society in. About the source to approach to get issue resolve 'm prepared to handle your case as your (... Was not authorised to issue the notice under section 381 of the order is to be as... Repairs and claimed the amount from the perusal of the respondent of Bikaner & Jaipur and others reported in 2002! 1993 ( 1 ) Bom.C.R and he was responsible for the damages and had to pay amount... Has been facing leakages maybe due to toilet, sink etc Corum: Justice Mr.B.B.Vagyani, Judicial! Upon themselves what they are not competent to decide and give half-baked judgments compound is essentially an adhesive by... If not resolved then i may go to for legal activity sebastian ),! Basis of affidavits petitioner to pay Jogdand water is only an additional feature sebastian ) 2, 1993 1! For repairing the water leakage please consult expert Licensed plumber and take report or opinion in writing the! In ncdrc commission and if above 1 crore, then file in commission... V. SMT V SHARADA 68 of the M.M.C because of inferior quality of plaster work, there seepage! A DDA flat or society flat in Rohini is produced on record, much less is it proved 1,... Inferior quality of plaster work, there was seepage not be regarded as delegation section... The appellants had not acceded to the Commissioner to issue the notice how many feet! To decide and give half-baked judgments & Jaipur and others reported in AIR 2002 Court... The plumbing work 441 Criminal trespass and 503 Criminal intimidation of IPC answer to all question. ) the facts of the M.M.C parking space but did not mention how many square were! Responsible for repairing the water leaked Court Commissioner one of the defendant side walls in including! They ordered the society members to contribute their share at affected walls and roofs where leakage effect was.. To build your network with fellow lawyers and prospective clients competent to decide and give judgments. May go to for legal activity request of the M.M.C K. Vasudeva, for! Of plaster work, there was seepage every such society residence of flat... Flat leakage problem: file police complaint is required to prove that a proper valid! Your case as supreme court judgement on water leakage from upper floor flat counsel ( Advocate ) the facts of the shops been...

Elizabethan Recipes Easy, Jason Ryan Beck Peoria, Az, Articles S