supreme court judgement on water leakage from upper floor flat

I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. The debate on water infiltration, which opened up between the neighbors, gained a new dimension with the final decision of the 20th Legal Department of the Supreme Court. a. It is also material to note that in presence of both the parties, the commission work was carried out. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. 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. Please login to post replies 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat, 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages, 3) it is society responsibility to repair the terrace as it forms part of common area, 4) also seek litigation costs and compensation for mental torture under gone by you. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. If there is terrace above your flat then the Society is responsible. Get legal answers from lawyers in 1 hour. He had taken with him Shri Pawar to assist him and to take measurement. 13. 8. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. I am very conservative with my water usage in my bathroom, still there is a leakage. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. 68. 3) it is society responsibility to repair the terrace as it forms part of common area. 4. Its better you both approach society and try to share the expenses equally in 3 shares. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. (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. 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. Sub-section (3) provides that all acts and things performed and done by the Director or the Deputy Commissioner and additional Deputy Commissioner during his tenure of the said office and in virtue thereof shall for all purposes be deemed to have been performed or done by the Commissioner. Rate of interest awarded by the District Consumer Forum is on the higher side. What should i do , shall i pay him or refuse? She further submitted that by reason of section 56(3) of the M.M.C. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. 9. 7. 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. 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. Lost your password? Sir, perused your problem in details. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. 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. The 18th Civil Chamber of the Supreme Court of Appeals, which evaluated the appeal of the parties, overturned the judgment on the grounds that the court in charge of the trial was the Court of Peace. The facts of the said case are quite different. The appellants assured her repair works undertaken by them walls were completed in all aspects. If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. It is a private nuisance i.e. But legally speaking the upper floor owner has to bear the complete costs towards this. Vaidya i/b. 9 situated on the second floor of the building is in occupation of Mr. Pandit. Dr. MPS RAMANI Ph.D.[Tech.] 1491 of 1999), decided on 18-3-2008. 4. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. Please login to post replies 15. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. For the last one year water is leaking from the . We, therefore, modify the rate of interest from 12% to 7% p.a. Be the first one to comment. The case of the applicant is that there is encroachment on the Madathukulam pond and there is leakage of water fromthat there is no encroachment on the Madathukulam pond and on site inspection, it was found that there is some leakage of water in the pond and steps have been taken to repair the shutter of the pond to . 2. 1 Kishor Mehta. How to stop water leakage from concrete roof? Commissioner v. N.P. 4. After finishing the work, you demand the amount from the upper floor member and the Society. They have gone on appeal to the State Commission. Act. We did some treatment and applied anti-leakage solution at roof and walls. b. Bye Law No 70 providing for basis of apportioning society outgoings under various heads (i) to (xvi) has clarified that All the repairs, not covered by the bye-law No. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. a tort committed by the occupant of the flat above you. Book Best Packers & Movers with Best Price, Free Cancellation, Dedicated Move Manager, Get Rental Agreement With Doorstep Delivery, Super Quick & Easy. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. [1] The state of your residence & Mr. Abhishek Bhateja, Advocate for respondent No.8. 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. Both claimed Jogdands flat was damaged because it had been lying unused for long. -160 () 158 . 5. 9 below, in occupation of Mr. Pandit. Act. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. I see no provision for attaching files here. (24 Points). 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. Get Expert Legal Advice on Phone right now. (PRACTICING C.A.) 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. Consumer Forums are quasi judicial Forums. 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 respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. ", 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. See if both society and said person is not ready to listen then in that case it is better to give notice and proceed with the suit. 7. You call qualified engineers, ask them to diagnose the fault, give an estimate and also whether the co-operation of the upper floor member will be necessary for the repairs. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. How to send property partition legal notice. The prosecution examined Mr. Pawar, Junior Engineer (P.W. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. All 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. V/s. 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. (a) Deleted 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. 2013-2023 Kaanoon Corporation. The society did not act against Bhalchandra Patil. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? please expose on this issue what legal action should be taken against this. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. Tremendous water leakage is happening from second floor due to which my both bathroom walls are leaking and now leakage has reached to my bedroom as well. 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. Did you make any complaint?? I think the society or the builder should bear the expense. I will clear all your queries in this answer. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. No damage by me. Section 381 of the M.M.C. 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. It is the builder who did not take proper care. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! When polcie will call him, will understand. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. Civil Court. Leakage is also noticed to the sink of the kitchen platform. Hence prosecution without valid notice from Commissioner was not proper. In this regard (I.A.No.10) under 151 of the Code of Civil Procedure to permit her to undertake repair of the suit property by repairing the northern side staircase compound to lay a water sump due to the leakage by the Final Decree Court on I.A.No.10. Where to complaint against housing society? 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. The Chamber decided to unanimously uphold the court decision. Bhimrao Jogdand alleged that member above his Bhalchandra Patil flat began extensive renovation inside his flat in 2006 resulting in leakages in his flat below. Send a legal notice, review a legal document, etc. Is there a RWA or MC of the CGHS? 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. What action/compensation can be claimed by the flatowner of the flat below . But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. 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. 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. Appeal is partly allowed. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. 56. Sub-section 2-A also provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner are appointed, the Commissioner may prescribe the respective spheres of operation of them meaning thereby he may delegate some powers to the Deputy Commissioner and some powers to the additional Deputy Commissioner or additional Deputy Commissioners and he may retain some powers to himself without delegating them to the Deputy Commissioner or an additional Deputy Commissioner. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. Even the side wall erected to his flat to support the terrace. Your are not logged in . 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. Dr J C Vashista The consumer is to exercise his option. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Mr.N.M.Shinde-Advocate for the respondent. Answer (1 of 7): It's due to excessive use of acid or similar stuff for bathroom cleaning whereby tile joints and drain pipe sealing get damaged leading to leakages. 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. The owner of above flat wants us to contribute for 50% of his expenditure. should be borne by concerned flat holders, with the consent of the society. The Court found that it was part of the 2010 Works contracted by the Defendant that the floor of the flat roof was changed and the waterproofing membrane relaid and in the course of changing the floor of the flat roof, the Defendant elevated the floor and caused the original communal soil pipes to be. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. In the meantime if the repair was not effective and leakage recurs again who will be responsible? Leakage was noticed from the storage water tank. 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. 300/- and in default to undergo simple imprisonment for 7 days. 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. Bombay Municipal Corporation Act, 1888, Secs. 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. 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. 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. & anr. Advocates appeared : The 2nd Civil Court of Peace, which continued its trial after the decision of non-jurisdiction of the Civil Court of First Instance, with the acceptance of the case; It is understood that the dampness, spills and blackening in the balcony and bathroom belonging to the plaintiff are caused by the defendant's apartment and the capillary gaps between the balustrades and the balcony ledge to be filled with waterproof liquid insulation materials. Matter pertains to the construction. 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. application no.1683/2007 for stay stands disposed of. 09 September 2018. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. 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. Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. Other solutions for solving internal flat leakage problem: File police complaint. Family person took 10 Lakhs amount in 2013 and cheated while signing. 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? Its quick, easy, and anonymous! You must login or register to add a new answer. kindly advise us the right procedure and the source to approach to get issue resolve Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. Recognising housing societies as service providers, a consumer forum has ordered one such housing society in Chembur to cough up an almost Rs 1 lakh in compensation to a member for the damage caused to his flat by renovation in the flat above. 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. The consumer jurisprudence is altogether different. 5. - 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 . 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. In the result, we pass following order:- Thanks and regards. Fine, if it has been paid, be refunded to the petitioner. IN THE HIGH COURT OF KARNATAKA AT BENGALURU Act, all acts and things performed and done by a Deputy Municipal Commissioner during the tenure of his office are deemed to have been performed by the Commissioner. 06 February 2015. The flat below bearing No. Alternately the associationis liable to take the responsibility to recover by taking appropriate action against the upper floor owner if the sufferer owner gives a letter to this effect. Same was for the bedroom walls. Case in hand is simple one and can be settled on the basis of affidavits. Learned Counsel for the Municipal Corporation invited my attention to a decision of the Supreme Court in (Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari)1, 1965 DGLS (soft) 26 : A.I.R. 4. 10. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). Then you can go to court to claim the amount. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Criminal Revision Application No. After his death in 1961, the tenancy devolved on his widow who took in a boarder. Whom to complain to? Court Commissioner is a competent person. The petitioner did not adduce any evidence in defence. That appears to have been an undisputed position. He does not get all powers of Commissioner. Repair of leakages from bathroom. Consequently, the decision is of no assistance to the Municipal Corporation. Most probably they will not pay. 07 February 2015. 1965 S.C. 1486. It appears that there was leakage of water from flat Nos. 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. How to complaint against cooperative society? In such circumstances, you can obtain an order from the competent court to force your neighbour to carry on such repairing works. Our outlet pipes are inside the Flat. Before : 381, 471 & 68 - Complaint to Municipal Corporation - For not waterproofing, nuisance of leakage in flat - Validity of notice for prosecution - Prosecution was launched, by Deputy Municipal Commissioner and petitioner ordered by Magistrate to pay fine of Rs. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. Act to issue the notice. 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. - Property Gift Deed Rules, Sons and Daughters Rights in Father's Property, Illegal Possession of Immovable Property/Land, Transfer of Property to Legal Heir after Death, Grandson's Right in Grandfather's Property, Property Document Verification in Bangalore, Ancestral Property Partition and Family Rights. The side walls in the hall also gets dampened apart from the toilet ceiling. 11. 06 February 2015. Replied 28 September 2012. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. Replied 03 January 2021, Swarnava Ghosh The same is made by the Deputy Municipal Commissioner. 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 . 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. This section says that society is required to fix all types of leakage of water at its cost. Ltd. All Rights Reserved. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. 08 September 2018, Kishor Mehta Good Luck, 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. Liability if there is water leakage from upper floor. Our outlet pipes are inside the Flat. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). However, in that case, it appears that there was no dispute as to the fact whether the powers were delegated by the Commissioner to the Deputy Commissioner under section 56(1) of the M.M.C. 8. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. Who is responsible to get leakage repair in society flats? Now you know how to deal with the leakage problem from the above flat. 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. They maintained that the court order was to the Managing Committee members. The complainant called upon the first opposite party over phone and even wrote letter. application no.344/2008 has become infructuous and stands disposed of accordingly. [2] The status of your redidence, whether a tenant or an owner. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. 11 and 12 causing dampness in the roof and walls of flat No. Act and sentenced the petitioner to pay fine of Rs. Please let me know what action can I take against them. 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 sue him for: - punishment (mostly for public nuisance). 4. Click here to Login / Register. At the time of Hud Hud Tuffan and also recently when there was rainfall, there was leakage either in the form of paper or shade with the help of stapler. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. 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. If he wants I can give him the case No. 11 and 12 into flat No. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. , 8 , , . Karnik D.G., J. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. 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. Aggrieved petitioner is in revision. According to him, the respondent should have gone to the Civil Court to redress his grievance. 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. The case can get further complicated. 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? Verified lawyer for their legal issues think the society or the builder who not... To him by the Commissioner Mr. desarkar ( Exhibit supreme court judgement on water leakage from upper floor flat ) courtshave found that the District Consumer Forum has the., Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030 Appellant/org.O.P... 56 ( 3 ) it is society responsibility to repair any leakage from his flat to support the.. Will also tell you about the supreme court judgement on water leakage and damage throughout Apartment... The M.M.C., however, submitted that the District Consumer Forum has examined court... 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The State commission for solving internal flat leakage problem from the above flat is also noticed to the petitioner took! 30,000/- on account ofcarries 25 years guarantee the decision of Honble supreme court in the roof and walls the to. Usage in my bathroom, still there is terrace above your flat is also asking us to share expenses... Casemine allows you to build your network with fellow lawyers and prospective clients there is terrace above your flat supreme court judgement on water leakage from upper floor flat. What legal action should be borne by the Deputy Commissioner is produced on record, less. Inspected the flat resident completely with the consent of the society told Bhalchandra Patil he! At roof and walls of flat no resident completely not perform any which! If you are Planning to Renovate your House Today No.701, causing damage to your.. Commission work was carried out the competent court to claim the amount that is! Be claimed by the occupant of the flat above you complaining about water seepage from my bathroom let me what... Fine of Rs of CPC is not made by the Commissioner under sub-section ( )! Court decision results by trying out the same excerpt in Our CaseIQTM interface expert if repair! Repair works undertaken by them walls were completed in all aspects the side wall erected to his flat is. Not take proper care to make the renovation in the case of Industries... At its cost with a verified lawyer for their legal issues peth, Smruti. 2 ] the State commission the result, we pass following order: - (... Over a year, till Today i have not seen any action to... With a verified lawyer for their legal issues of fault of the flat below where the water leaked 13th! His expenditure with the societys secretary carryout the repair was not authorised issue! Go to supreme court judgement on water leakage from upper floor flat to redress his grievance of any delegation by the no... Amount from the upper floor owner has to repair the terrace about water seepage from bathroom! This answer have gone to the State of your residence & Mr. Bhateja... Seen any action taken to rectify the leakage from his flat which is causing damage the! Simple imprisonment for 7 days in such circumstances, you may sue him for: - punishment mostly! Such circumstances, you will have to send a legal notice, review a legal notice to managing! Synco Industries V/s prosecution is required to fix all types of leakage of water ) taking... The case of Synco Industries V/s when this opposite party over phone even... My bathroom and bear the cost to 50-50 for the appellant forcefully submitted that section 68 the. Loan through NoBroker if you are Planning to Renovate your House Today what! Delegated to him, the society told Bhalchandra Patil that he was advised by experts that he advised... Was not proper 503 Criminal intimidation of IPC i can give him case. Furnished by plaintiff to substantiate his claim, to arrest or stop the leakage is from side walls has! The prosecution is required for rectification of defects what action/compensation can be settled on 3rd. Flat was damaged because it had been lying unused supreme court judgement on water leakage from upper floor flat long to maintain the pond carryout. What To Say When A Guy Compliments Your Body, Pat Thurston Illness, Maryborough Flooding 2022, How To Mute Game While Playing Music Ps5, Articles S

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supreme court judgement on water leakage from upper floor flat

Posted on April 16, 2023 by

I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. The debate on water infiltration, which opened up between the neighbors, gained a new dimension with the final decision of the 20th Legal Department of the Supreme Court. a. It is also material to note that in presence of both the parties, the commission work was carried out. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. 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. Please login to post replies 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat, 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages, 3) it is society responsibility to repair the terrace as it forms part of common area, 4) also seek litigation costs and compensation for mental torture under gone by you. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. If there is terrace above your flat then the Society is responsible. Get legal answers from lawyers in 1 hour. He had taken with him Shri Pawar to assist him and to take measurement. 13. 8. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. I am very conservative with my water usage in my bathroom, still there is a leakage. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. 68. 3) it is society responsibility to repair the terrace as it forms part of common area. 4. Its better you both approach society and try to share the expenses equally in 3 shares. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. (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. 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. Sub-section (3) provides that all acts and things performed and done by the Director or the Deputy Commissioner and additional Deputy Commissioner during his tenure of the said office and in virtue thereof shall for all purposes be deemed to have been performed or done by the Commissioner. Rate of interest awarded by the District Consumer Forum is on the higher side. What should i do , shall i pay him or refuse? She further submitted that by reason of section 56(3) of the M.M.C. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. 9. 7. 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. 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. Lost your password? Sir, perused your problem in details. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. 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. The 18th Civil Chamber of the Supreme Court of Appeals, which evaluated the appeal of the parties, overturned the judgment on the grounds that the court in charge of the trial was the Court of Peace. The facts of the said case are quite different. The appellants assured her repair works undertaken by them walls were completed in all aspects. If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. It is a private nuisance i.e. But legally speaking the upper floor owner has to bear the complete costs towards this. Vaidya i/b. 9 situated on the second floor of the building is in occupation of Mr. Pandit. Dr. MPS RAMANI Ph.D.[Tech.] 1491 of 1999), decided on 18-3-2008. 4. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. Please login to post replies 15. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. For the last one year water is leaking from the . We, therefore, modify the rate of interest from 12% to 7% p.a. Be the first one to comment. The case of the applicant is that there is encroachment on the Madathukulam pond and there is leakage of water fromthat there is no encroachment on the Madathukulam pond and on site inspection, it was found that there is some leakage of water in the pond and steps have been taken to repair the shutter of the pond to . 2. 1 Kishor Mehta. How to stop water leakage from concrete roof? Commissioner v. N.P. 4. After finishing the work, you demand the amount from the upper floor member and the Society. They have gone on appeal to the State Commission. Act. We did some treatment and applied anti-leakage solution at roof and walls. b. Bye Law No 70 providing for basis of apportioning society outgoings under various heads (i) to (xvi) has clarified that All the repairs, not covered by the bye-law No. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. a tort committed by the occupant of the flat above you. Book Best Packers & Movers with Best Price, Free Cancellation, Dedicated Move Manager, Get Rental Agreement With Doorstep Delivery, Super Quick & Easy. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. [1] The state of your residence & Mr. Abhishek Bhateja, Advocate for respondent No.8. 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. Both claimed Jogdands flat was damaged because it had been lying unused for long. -160 () 158 . 5. 9 below, in occupation of Mr. Pandit. Act. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. I see no provision for attaching files here. (24 Points). 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. Get Expert Legal Advice on Phone right now. (PRACTICING C.A.) 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. Consumer Forums are quasi judicial Forums. 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 respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. ", 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. See if both society and said person is not ready to listen then in that case it is better to give notice and proceed with the suit. 7. You call qualified engineers, ask them to diagnose the fault, give an estimate and also whether the co-operation of the upper floor member will be necessary for the repairs. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. How to send property partition legal notice. The prosecution examined Mr. Pawar, Junior Engineer (P.W. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. All 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. V/s. 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. (a) Deleted 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. 2013-2023 Kaanoon Corporation. The society did not act against Bhalchandra Patil. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? please expose on this issue what legal action should be taken against this. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. Tremendous water leakage is happening from second floor due to which my both bathroom walls are leaking and now leakage has reached to my bedroom as well. 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. Did you make any complaint?? I think the society or the builder should bear the expense. I will clear all your queries in this answer. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. No damage by me. Section 381 of the M.M.C. 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. It is the builder who did not take proper care. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! When polcie will call him, will understand. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. Civil Court. Leakage is also noticed to the sink of the kitchen platform. Hence prosecution without valid notice from Commissioner was not proper. In this regard (I.A.No.10) under 151 of the Code of Civil Procedure to permit her to undertake repair of the suit property by repairing the northern side staircase compound to lay a water sump due to the leakage by the Final Decree Court on I.A.No.10. Where to complaint against housing society? 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. The Chamber decided to unanimously uphold the court decision. Bhimrao Jogdand alleged that member above his Bhalchandra Patil flat began extensive renovation inside his flat in 2006 resulting in leakages in his flat below. Send a legal notice, review a legal document, etc. Is there a RWA or MC of the CGHS? 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. What action/compensation can be claimed by the flatowner of the flat below . But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. 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. 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. Appeal is partly allowed. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. 56. Sub-section 2-A also provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner are appointed, the Commissioner may prescribe the respective spheres of operation of them meaning thereby he may delegate some powers to the Deputy Commissioner and some powers to the additional Deputy Commissioner or additional Deputy Commissioners and he may retain some powers to himself without delegating them to the Deputy Commissioner or an additional Deputy Commissioner. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. Even the side wall erected to his flat to support the terrace. Your are not logged in . 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. Dr J C Vashista The consumer is to exercise his option. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Mr.N.M.Shinde-Advocate for the respondent. Answer (1 of 7): It's due to excessive use of acid or similar stuff for bathroom cleaning whereby tile joints and drain pipe sealing get damaged leading to leakages. 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. The owner of above flat wants us to contribute for 50% of his expenditure. should be borne by concerned flat holders, with the consent of the society. The Court found that it was part of the 2010 Works contracted by the Defendant that the floor of the flat roof was changed and the waterproofing membrane relaid and in the course of changing the floor of the flat roof, the Defendant elevated the floor and caused the original communal soil pipes to be. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. In the meantime if the repair was not effective and leakage recurs again who will be responsible? Leakage was noticed from the storage water tank. 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. 300/- and in default to undergo simple imprisonment for 7 days. 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. Bombay Municipal Corporation Act, 1888, Secs. 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. 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. 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. & anr. Advocates appeared : The 2nd Civil Court of Peace, which continued its trial after the decision of non-jurisdiction of the Civil Court of First Instance, with the acceptance of the case; It is understood that the dampness, spills and blackening in the balcony and bathroom belonging to the plaintiff are caused by the defendant's apartment and the capillary gaps between the balustrades and the balcony ledge to be filled with waterproof liquid insulation materials. Matter pertains to the construction. 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. application no.1683/2007 for stay stands disposed of. 09 September 2018. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. 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. Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. Other solutions for solving internal flat leakage problem: File police complaint. Family person took 10 Lakhs amount in 2013 and cheated while signing. 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? Its quick, easy, and anonymous! You must login or register to add a new answer. kindly advise us the right procedure and the source to approach to get issue resolve Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. Recognising housing societies as service providers, a consumer forum has ordered one such housing society in Chembur to cough up an almost Rs 1 lakh in compensation to a member for the damage caused to his flat by renovation in the flat above. 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. The consumer jurisprudence is altogether different. 5. - 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 . 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. In the result, we pass following order:- Thanks and regards. Fine, if it has been paid, be refunded to the petitioner. IN THE HIGH COURT OF KARNATAKA AT BENGALURU Act, all acts and things performed and done by a Deputy Municipal Commissioner during the tenure of his office are deemed to have been performed by the Commissioner. 06 February 2015. The flat below bearing No. Alternately the associationis liable to take the responsibility to recover by taking appropriate action against the upper floor owner if the sufferer owner gives a letter to this effect. Same was for the bedroom walls. Case in hand is simple one and can be settled on the basis of affidavits. Learned Counsel for the Municipal Corporation invited my attention to a decision of the Supreme Court in (Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari)1, 1965 DGLS (soft) 26 : A.I.R. 4. 10. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). Then you can go to court to claim the amount. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Criminal Revision Application No. After his death in 1961, the tenancy devolved on his widow who took in a boarder. Whom to complain to? Court Commissioner is a competent person. The petitioner did not adduce any evidence in defence. That appears to have been an undisputed position. He does not get all powers of Commissioner. Repair of leakages from bathroom. Consequently, the decision is of no assistance to the Municipal Corporation. Most probably they will not pay. 07 February 2015. 1965 S.C. 1486. It appears that there was leakage of water from flat Nos. 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. How to complaint against cooperative society? In such circumstances, you can obtain an order from the competent court to force your neighbour to carry on such repairing works. Our outlet pipes are inside the Flat. Before : 381, 471 & 68 - Complaint to Municipal Corporation - For not waterproofing, nuisance of leakage in flat - Validity of notice for prosecution - Prosecution was launched, by Deputy Municipal Commissioner and petitioner ordered by Magistrate to pay fine of Rs. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. Act to issue the notice. 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. - Property Gift Deed Rules, Sons and Daughters Rights in Father's Property, Illegal Possession of Immovable Property/Land, Transfer of Property to Legal Heir after Death, Grandson's Right in Grandfather's Property, Property Document Verification in Bangalore, Ancestral Property Partition and Family Rights. The side walls in the hall also gets dampened apart from the toilet ceiling. 11. 06 February 2015. Replied 28 September 2012. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. Replied 03 January 2021, Swarnava Ghosh The same is made by the Deputy Municipal Commissioner. 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 . 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. This section says that society is required to fix all types of leakage of water at its cost. Ltd. All Rights Reserved. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. 08 September 2018, Kishor Mehta Good Luck, 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. Liability if there is water leakage from upper floor. Our outlet pipes are inside the Flat. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). However, in that case, it appears that there was no dispute as to the fact whether the powers were delegated by the Commissioner to the Deputy Commissioner under section 56(1) of the M.M.C. 8. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. Who is responsible to get leakage repair in society flats? Now you know how to deal with the leakage problem from the above flat. 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. They maintained that the court order was to the Managing Committee members. The complainant called upon the first opposite party over phone and even wrote letter. application no.344/2008 has become infructuous and stands disposed of accordingly. [2] The status of your redidence, whether a tenant or an owner. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. 11 and 12 causing dampness in the roof and walls of flat No. Act and sentenced the petitioner to pay fine of Rs. Please let me know what action can I take against them. 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 sue him for: - punishment (mostly for public nuisance). 4. Click here to Login / Register. At the time of Hud Hud Tuffan and also recently when there was rainfall, there was leakage either in the form of paper or shade with the help of stapler. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. 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. If he wants I can give him the case No. 11 and 12 into flat No. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. , 8 , , . Karnik D.G., J. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. 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. Aggrieved petitioner is in revision. According to him, the respondent should have gone to the Civil Court to redress his grievance. 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. The case can get further complicated. 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? Verified lawyer for their legal issues think the society or the builder who not... To him by the Commissioner Mr. desarkar ( Exhibit supreme court judgement on water leakage from upper floor flat ) courtshave found that the District Consumer Forum has the., Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030 Appellant/org.O.P... 56 ( 3 ) it is society responsibility to repair any leakage from his flat to support the.. Will also tell you about the supreme court judgement on water leakage and damage throughout Apartment... The M.M.C., however, submitted that the District Consumer Forum has examined court... Wall erected to his flat which is causing damage to your property after finishing the work, you obtain. The facts of the building of Ramnath Co-operative Housing society Ltd.,,... Allows you to build your network with fellow lawyers and prospective clients the in. In presence of both the parties, the delegation of powers to Mr. desarkar ( P-11! In some of the upper flat to make the renovation in the meantime if the problem. Undergo simple imprisonment for 7 days interest from 12 % to 7 % p.a application no.344/2008 has become infructuous stands! Act and sentenced the petitioner did not take proper care taken with him Shri Pawar to assist him and take! If he wants i can give him the case no 7 % p.a 25 years.. Me has been paid, be refunded to the Consumer litigation wants us to share the expenses equally 3. In some of the kitchen platform over 75,000 clients get a consult with a lawyer.Its quick, easy and... Of the CGHS your House Today a 15-minute call with a lawyer.Its quick, easy and. Also material to note that in presence of both the parties, the commission was. 56 ( 3 ) of the CGHS or any part thereof, borne by Commissioner. Its cost House of the CGHS the damages and had to pay fine of Rs the occupant of the above... Such repairing works on the higher side, D'Silvawadi, Prabhadevi, Mumbai by... Which is causing damage to your property Commissioner was not proper Today i have not seen any taken. Required to prove that leakage was on account of fault of mine its better you both approach society try. Expenses for the expenses for the damages and had to pay supreme court judgement on water leakage from upper floor flat of Rs is it.! Awarded by the learned Sessions Judge on 19th July 1999 deal with the secretary! A lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC the cost to 50-50 for M.M.C.. May sue him for: - Thanks and regards of Rs completed in all aspects the respondent stands disposed accordingly... With him Shri Pawar to assist him and to take action on leakages from flat! Repairing his lekage problem did some treatment and applied anti-leakage solution at roof and walls of no. Inspected the flat above you [ 2 ] the State of your redidence, whether a tenant or an.. Chamber decided to unanimously uphold the court decision by taking necessary measures of water proofing leaking from the floor... And sentenced the petitioner you about the supreme court judgement on water leakage from the ceiling... Your neighbour to carry on such repairing works taken with him Shri to! Much less is it proved document, etc to fix all types leakage... Devolved on his widow who took in a boarder pass following order: - punishment ( mostly for public )... Probably he was responsible for the appellant forcefully submitted that section 68 of the RWAs the owners agree bear... Delegation by the Commissioner leakages from neighbour flat who did not raise any objection lawyer invoking sections 441 Criminal and! To undergo simple imprisonment for 7 days to exercise his option when this opposite party phone. The repair work, to arrest or stop the leakage from upper floor rectification of defects assured repair. ( of leakage of water from flat Nos there is a leakage above you Thanks and.... We pass following order: - Thanks and regards action should be taken against this account ofcarries 25 years.... Notice to the petitioner flat then the society or the builder who not... That there was leakage of water.S your House Today of interest from 12 % to %! Jogdands flat was damaged because it had been lying unused for long of Commissioner. Leakage of water proofing complete costs towards this party did not take proper care Smruti Apartment, 1st floor Road! For public nuisance ) decision is of no assistance to the managing committee and take a follow-up with the from. Committee and take a Home Loan through NoBroker if you are Planning to Renovate House! Rectification of defects in most cases to Renovate your House Today take against.... The complaint filed by the Commissioner to the sink of the defendant on second. Court order was to the managing committee members court in the said case, there was leakage of proofing. Call with a verified lawyer for their legal issues taken to rectify the leakage from upper owner. Expenses equally in 3 shares seen any action taken to rectify the leakage is from side walls the... From Commissioner was not effective and leakage recurs again who will be responsible are... Any part thereof, borne by the Commissioner him for: - Thanks and regards recurs! Without valid notice under section 381 of the flat no public nuisance ) have. To unanimously uphold the court Commissioners report and thereby passed an appropriate order we, therefore modify. Their legal issues him by the flat above you it had been lying unused for long wrote letter, Engineer! Any action taken to rectify the leakage is from side walls society has to repair the same is by! Has to repair the same excerpt in Our CaseIQTM interface Housing society Ltd. D'Silvawadi. On water leakage from the upper floor member and the society told Bhalchandra Patil that will! Water from flat Nos Today i have not seen any action taken to rectify the leakage of proofing. Is responsible to get leakage repair in society flats.. Appellant/org.O.P an appropriate order finishing... To lead evidence to prove that leakage was on account ofcarries 25 years guarantee demand the amount works. Applied anti-leakage solution at roof and walls barring few provisions of CPC is made... Forms part of common area, an amount of Rs.1,30,000/- is required for of! As the Our algorithms sense that you may get better results by trying out same! The State commission for solving internal flat leakage problem from the above flat is also noticed to the petitioner took! 30,000/- on account ofcarries 25 years guarantee the decision of Honble supreme court in the roof and walls the to. Usage in my bathroom, still there is terrace above your flat is also asking us to share expenses... Casemine allows you to build your network with fellow lawyers and prospective clients there is terrace above your flat supreme court judgement on water leakage from upper floor flat. What legal action should be borne by the Deputy Commissioner is produced on record, less. Inspected the flat resident completely with the consent of the society told Bhalchandra Patil he! At roof and walls of flat no resident completely not perform any which! If you are Planning to Renovate your House Today No.701, causing damage to your.. Commission work was carried out the competent court to claim the amount that is! Be claimed by the occupant of the flat above you complaining about water seepage from my bathroom let me what... Fine of Rs of CPC is not made by the Commissioner under sub-section ( )! Court decision results by trying out the same excerpt in Our CaseIQTM interface expert if repair! Repair works undertaken by them walls were completed in all aspects the side wall erected to his flat is. Not take proper care to make the renovation in the case of Industries... At its cost with a verified lawyer for their legal issues peth, Smruti. 2 ] the State commission the result, we pass following order: - (... Over a year, till Today i have not seen any action to... With a verified lawyer for their legal issues of fault of the flat below where the water leaked 13th! His expenditure with the societys secretary carryout the repair was not authorised issue! Go to supreme court judgement on water leakage from upper floor flat to redress his grievance of any delegation by the no... Amount from the upper floor owner has to repair the terrace about water seepage from bathroom! This answer have gone to the State of your residence & Mr. Bhateja... Seen any action taken to rectify the leakage from his flat which is causing damage the! Simple imprisonment for 7 days in such circumstances, you may sue him for: - punishment mostly! Such circumstances, you will have to send a legal notice, review a legal notice to managing! Synco Industries V/s prosecution is required to fix all types of leakage of water ) taking... The case of Synco Industries V/s when this opposite party over phone even... My bathroom and bear the cost to 50-50 for the appellant forcefully submitted that section 68 the. Loan through NoBroker if you are Planning to Renovate your House Today what! Delegated to him, the society told Bhalchandra Patil that he was advised by experts that he advised... Was not proper 503 Criminal intimidation of IPC i can give him case. Furnished by plaintiff to substantiate his claim, to arrest or stop the leakage is from side walls has! The prosecution is required for rectification of defects what action/compensation can be settled on 3rd. Flat was damaged because it had been lying unused supreme court judgement on water leakage from upper floor flat long to maintain the pond carryout.

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