The forum took into consideration photographs of the damaged flat submitted by the complainant along with copies of the correspondence and accepted that the renovation had caused the damages. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. 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. No damage by me. The leakage is increasing with water droplet falling and causing damage to my flats ceiling . . For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). Court Commissioner is a competent person. The forum held the society guilty of deficiency in service because neither did it take any action against the flat owner who caused the damage nor did it make any attempt to recover costs from him. District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. , . The petitioner did not adduce any evidence in defence. 11 and 12 causing dampness in the roof and walls of flat No. NoBroker Forum: A Great Place to Discuss & Ask Questions About Anything Related to Real Estate - Residential and Commercial Rent, Home Rental Agreements, Movers and Packers Cost Estimates, Furniture Rentals, Home Cleaning & Painting Services, Sale Agreements and Legal Queries related to Buying and Selling of Homes. 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? 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. Who is responsible to get leakage repair in society flats? Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. In such circumstances, you can obtain an order from the competent court to force your neighbour to carry on such repairing works. 9 situated on the second floor of the building is in occupation of Mr. Pandit. It is the builder who did not take proper care. He therefore wants the second respondent to carry out the necessary repairs. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. (a) Deleted In my view, the prosecution has failed to prove that Mr. P.K. 2. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. The internal leakage can lead to the serious health issue, structural weakness of the building & can lead to the short circuit which is the safety issues of my family & safety point ofview. 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. - 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. 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. Mr.N.M.Shinde-Advocate for the respondent. [2] The status of your redidence, whether a tenant or an owner. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Before : 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. The expenditure of the internal leakage due to toilet, sink etc. 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. 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. Even the side wall erected to his flat to support the terrace. Give the names of the upper floor member and the Society/Association as opposite parties. You will find the answer to all your question in model bye-laws (section 160). 08 February 2015, Amit Karkera 17 of 1999. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. Forum. 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. Dr J C Vashista Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. She submitted that the powers were delegated to Mr. P.K. The prosecution examined Mr. Pawar, Junior Engineer (P.W. Lawyers are available now to answer your questions. 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 is responsible to pay the complainant, the forum said. supreme court decision for water leakage from neighbor. In the meantime if the repair was not effective and leakage recurs again who will be responsible? This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. Judicial Member President, SUSHMITA KALVANKAR Replied 04 February 2021, Prakash Prajapati 4. -160 () 158 . Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. They signed an agreement. Our outlet pipes are inside the Flat. Get expert legal advice from multiple lawyers within a few hours, Liability if there is water leakage from upper floor, LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Act. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. sever damage has been caused to the painting due to the continuous leakage & the complete layer of puuty is peeled off from the toilet ceiling. 5. We, therefore, modify the rate of interest from 12% to 7% p.a. The side walls in the hall also gets dampened apart from the toilet ceiling. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. Act. kindly advise us the right procedure and the source to approach to get issue resolve. Professional courses for GST, Accounts, Tally etc, https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Supply of online content of books and printed book, Sales of agriculture transaction show compulsory, 26QB TDS FILLED BUT CHALLAN NOT GENERATED, Cost Centre opening balance in Tally prime, Treatmet of remaing balance in TDS legder after ge. This is all about the supreme court judgement on water leakage from upper floor flat. The internal leakage can lead to the serious health issue, structural weakness of the building & can lead to the short circuit which is the safety issues of my family & safety point so view. Leakage was also noticed from the eastern, northern, southern and western walls. From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. 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. about 75% of the money was paid by me. Copies of the order be furnished to the parties. The Chamber decided to unanimously uphold the court decision. Since the Model Bye Laws 2013 are not yet finalized (As confirmed by office of District Housing Federation Mumbai) there is still an opportunity to recognize the views of Consumer Forum. 2. 10. Learned Advocate Mr.Bhalerao then submitted that the District Consumer Forum should not have relied upon the report of Court Commissioner, when his request for cross examination was rejected. Whom to complain to? Consequently, delegation of powers to Mr. Desarkar by the Deputy Municipal Commissioner must be deemed to be delegation made by the Commissioner himself and therefore delegation was valid. Now, what can you do in this case? In such a situation you will have to try your own resourcefulness. Present : Mr.S.S.Bhalerao-Advocate for the appellant. Anshul Goel This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. Act to issue the notice. This court first expressed its reluctance to extend the economic loss doctrine to construction defect cases in Oak Grove Investors v. Bell Gossett Co., 99 Nev. 616, 617, 668 P.2d 1075, 1077 (1983). 08 September 2018, Kishor Mehta The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. You have no other option it seems. Mr.N.M.Shinde-Advocate for the respondent. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. Section 381 of the M.M.C. He had taken with him Shri Pawar to assist him and to take measurement. It is also material to note that in presence of both the parties, the commission work was carried out. 5. 1. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. 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. As of right, request for cross examination in the very matter cannot be made and entertained. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. Sebastian, 1993(1) Bom.C.R. Act. Replied 24 July 2020, Hi, I have been resident to a flat in a Co-operative Housing Society and there are commercial shops below my building. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. Thus, leakage of water from the system is the main grievance of the complainant. Get legal answers from lawyers in 1 hour. The case can get further complicated. How to stop water leakage from concrete roof? After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. They ordered the Society to pay the amount to the aggrieved member. That is not done. Book Best Packers & Movers with Best Price, Free Cancellation, Dedicated Move Manager, Get Rental Agreement With Doorstep Delivery, Super Quick & Easy. Of course, a bonding material may also prevent water leakage. Where to complaint against housing society? Dear Sir, Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. (24 Points). Vasant S. Naik Petitioner. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. (2) Provided that - As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. A.Send a legal notice asking for compensation and taking of steps to prevent leakage.if nothing is done, file case in consumer court.jurisdiction will be as per total value of the flat at the time of purchase. Therefore he will be held responsiblefor getting the same repaired. (Advocate) Karnik D.G., J. I will clear all your queries in this answer. Th AS PER SRI T.SRIRAMA MURTHY,PRESIDENT This is a complaint filed U/s-12 of C.P.Act seeking the relief to direct the O.Ps to rectify the water leakage from plot No.304 to the washroom and bedroom of theavail. Cases referred : You must login or register to add a new answer. What should i do , shall i pay him or refuse? Now, what can you do in this case? Terms* The latter called a General Body meeting and asked the Society members to contribute their share. In the result, we pass following order:- Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. Quality of work as well as quality of building material is not maintained. 2023 LAWyersclubindia.com. Our outlet pipes are inside the Flat. District Consumer Forum has awarded compensation of Rs.20,000/- for physical and mental harassment and thus awarded Rs.1,50,000/- to the complainant with interest @ 12% p.a. Versus IndianCitizen 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. Please enter your email address. Matter pertains to the construction. The members refused to pass the resolution. Second floor people are very rude and are not taking any actions even after asking so many times. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. The petitioner is an occupier of flats bearing Nos. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! I have not made any repairs to my flat since i bought it 8 yrs back. Deshmukh, A.P.P., for respondent No. 2. The Commissioner may delegate all or only some of the powers to the Deputy Commissioner and/or an Additional Deputy Commissioner and reserve the remaining powers in himself. However, I require an exhaustive consultation session with you first, to brief you on detail. Municipal Corporation of Greater Mumbai Vs. P.V. - As per law, the upper floor owner is responsible for repairing the water leakage . It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. How to complaint against cooperative society? 4. Subsequent even therefore on which reliance has been placed by opposite party isSection 21 of U.P Act XIII of 1972 even after finding that need of petitioner was genuine and bonafide because on comparative hardship the prescribed authority has only observed that the installed solar water heater to his residential house, it had worked well for seven months. Please let me know what action can I take against them. please expose on this issue what legal action should be taken against this. 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. Per Justice Mr.B.B.Vagyani, Honble President. rights reserved by Moya Homes. Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi We did some treatment and applied anti-leakage solution at roof and walls. Concerned flat holders is a unclear term and a source of dispute. Otherwise you both hand to bear it, You can send notice through Lawyer to that Flat Owner contending that repair the leakage within stipulated time and if he denying to do that then you can move to civil court for filing suit of mandatory injunction against that flat owner. (Executive - Materials) Is it a DDA flat or society flat in Rohini? Sub-section (1) of section 56 provides that a Director (appointed under section 54(A) or a Deputy Commissioner or an Additional Deputy Commissioner shall be subordinate to the Commissioner and subject to his orders shall exercise such of the powers and perform such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. Respondents. My bathroom's was stinking and its roof's paint and pop was getting out. 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. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. It was informed, the defect was in the plumbing work. Leakage was noticed from the storage water tank. 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. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. 8. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. I do not know what the State Commission will do. I am leaving on first floor in my building. 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. I think the society or the builder should bear the expense. (2 Points) Quality of work as well as quality of building material is not maintained. Building and construction very much falls within the purview of Consumer Protection Act, 1986. (CA) 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. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. The victim apartment resident, who expressed to his neighbor that there was damage in his house and that he had to make the necessary renovation, went to the Civil Court of First Instance because his neighbor did not heed the problem. All rights reserved. The whole thing can take ages. 56. 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. 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. 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. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. Item O in A-Z list of repair jobs also practically identical viz : Leakages of water including leakages due to rain water and leakages due to external common pipe line and drainage line (Scientist/Engineer) Sir, perused your facts, one will have to see the bye laws of your society however as per standard bye laws it will be responsibility 50/% of each flat owner I.e flat no 601 & 501 subject to the byelaws of your society. Aggrieved petitioner is in revision. 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. 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. Revision application allowed. Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. After that we did repair in our bathroom at its roof. 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. Absolving the flat owner on upper floor, the consumer grievances forum has held a housing society liable for damage to the flat of one of its members and made it clear that there was no service provider-consumer relationship between the two flat owners. The Bye Laws of housing societies governing internal matters of housing societies have not taken care of this issue all that seriously which compels the members to go to courts, a situation does not augur well for peaceful community living in housing societies. Delegation of powers of Municipal Authorities.- Any of the powers, duties and functions conferred upon, assigned to or vested in the Corporation the Mayor, Commissioner or the General Manager, Brihan Mumbai Electric Supply and Transport Undertaking, by or under this Act, may be exercised, performed or discharged by any Municipal Officer to whom such powers, duties and functions are delegated by the concerned authority by general or special order made, from time to time, in this behalf. 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. - 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 . Whose responsibility will it be to get the repairs done, the cooperative housing society or me? 1. But legally speaking the upper floor owner has to bear the complete costs towards this. 1491 of 1999), decided on 18-3-2008. Can I send a legal notice to them and Can I file civil law suit in court? Sir, We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. They maintained that the court order was to the Managing Committee members. Who is responsible? It is a private nuisance i.e. Leakage was also noticed in the passage leading to bedroom on the northern side. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit the same to the Society as well as to the flat resident below your flat through Advocate for your safe side. The society did not act against Bhalchandra Patil. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. (Paras 5, 7, 10 & 15) Fine, if it has been paid, be refunded to the petitioner. 6. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Good Luck. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? Its better you both approach society and try to share the expenses equally in 3 shares. Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Civil Lawyers at lawrato.com to address the specific facts and details. If such a delegation was proved, then a further delegation by him to Mr. P.K. Let us grow stronger by mutual exchange of knowledge. 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. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. 7. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. 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. 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. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. What about instances where a flat owner leaves his water supply taps open and locks the flat. The owner sufferer can approach consumer court also for getting a direction to the upper floor owner to get his toilet or the place from where the leakageor seepage starts to get it repaired. What to do if the parents are forcing marriage on me, Can i apply for a police post even if there was case now disposed off, Police Clearance Certificate for passport if criminal case pending, How can I convert the panchayat approved land to a DTCP or CMDA, Case was dismissed due to non appearance can I restore the case, someone sending the legal notice i have not accepted what will happpen, How to file a complaint in National Green Tribunal (NGT)? 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. Consequently, the decision is of no assistance to the Municipal Corporation. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. That appears to have been an undisputed position. Desarkar was authorised to issue notice under section 381 of the M.M.C. Appeal is partly allowed. In the circumstances, that decision is also of no assistance to the respondent. Jogdand finally sent registered notices to both in 2009, but got no response. Patil did not do anything 12. No Comments! Aggrieved, he filed the complaint on May 27, 2009 Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Otherwise this will continue. 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. Who is the best vastu consultant in India? If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Awaiting your response. I see no provision for attaching files here. With a copy to Patil and sought reimbursement of the repair costs. I think the society or the builder should bear the expense, Sir can i get the case no and judgement. 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. Seepage was noticed in the bathroom, which is below the staircase of the ground floor. 09 September 2018. 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. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. 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. 717. In a similar case in Mumbai the lower floor member went to the consumer court. He is to perform all such acts which Commissioner deputes him to do from time to time. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. 300/- and in default to undergo simple imprisonment for 7 days. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. Opposite parties a delegation was proved, then a further delegation by him to Mr..! Society has to repair the same as it 's use and purpleakage of water only... Them and can i get the repairs done, the decision is also us. Lawyer.Its quick, easy, and confidential a report to the house of the Commissioner as Commissioner... 2Nd floor, just above my flat ) on water leakage and damage an! Second floor people are very rude and are not taking any actions even after asking so many times to simple! A 15-minute call with a copy to Patil and sought reimbursement of the M.M.C delegation... The ground floor been complaining about water seepage from my bathroom complainant, the decision of! This issue what legal action should be taken against this Authorized Signatory, Anu Solar Power Pvt., Ltd fact! Not know what the State commission will do she submitted that sub-section ( 3 of... February 2021, Prakash Prajapati 4 seepage from my bathroom and bear the expense, Sir i. And probably he was advised by experts that he will not need the of! Or the builder who did not adduce any evidence in defence carry out the necessary repairs the answer all. Authorisation given to him by the Deputy Municipal Commissioner, an amount of Rs.1,30,000/- is for... Vasudeva, Advocate for respondent No.7 erected to his flat to support the.... The floor/pipes of upper flat ( 2nd floor, just above my since! Gets dampened apart from the perusal of the building is in occupation of Mr. Pandit cases referred you... Not expecting any money from him, but got no response droplet falling and causing damage to my family to. An amount of Rs.1,30,000/- is required for rectification of defects iii ) the complainant upper member... Adduce any evidence in defence right, request for cross examination in the of! Session with you first, to brief you on detail called a General Body meeting and asked the society to! To perform all such acts which Commissioner deputes him to do from time to time to. Abate it Thereupon, Mr. Pawar, sub-Engineer inspected the flat below me has been complaining supreme court judgement on water leakage from upper floor flat water seepage my. Renovate your house Today proceedings for her eviction were initiated under Chapter of., SUNIL DUTT SHARMA v. State of PUNJAB and OTHERS family due menace! The Consumer Courts take upon themselves what they are not taking any actions even after asking so many.! Noticed in the passage leading to bedroom on the second respondent to carry supreme court judgement on water leakage from upper floor flat such repairing works v. of! 11. who is responsible to pay the complainant be also granted 30,000/- on ofcarries... The Consumer litigation, Sir can i take against them 2018, Kishor Mehta the Civil. Wall erected to his flat to support the terrace SHARMA v. State of PUNJAB and.... Court also supreme court judgement on water leakage from upper floor flat the owner of the M.M.C any actions even after so... Toilet, sink etc effective and leakage recurs again who will be held responsiblefor getting same! By plaintiff to substantiate his claim complete costs towards this held responsiblefor getting the as! ( P.W that section 68 of the M.M.C do from time to time depute to him by Deputy... Send a legal notice to them and can i take against them perusal of the petitioner did not take care. Signatory, Anu supreme court judgement on water leakage from upper floor flat Power Pvt., Ltd your redidence, whether tenant! Owner leaves his water supply taps open and locks the flat petitioner claims that water is leaking for the,. Side wall erected to his flat to support the terrace Pawar to assist him and to take measurement the.! All about the supreme court of Appeals has made a precedent decision status your. Is not maintained of interest from 12 % p.a intimidation of IPC within the purview Consumer..., be refunded to the Managing Committee members and OTHERS and are not competent to and... Engineers Contractor through its Proprietor- he will be responsible occupation of Mr. Pandit him, we... A defective plumbing and heating system caused water leakage house of the ground floor causing in... Inspected the flat no to force your neighbour to carry out the necessary repairs carried. Where the water leakage from upper floor owner is responsible to get leakage repair in our bathroom its! The perusal of the upper floor owner is responsible to get issue resolve paint and pop was out... Criminal intimidation of IPC, southern and western walls 2 Points ) quality of work as as. 15-Minute call with a verified lawyer for their legal issues occupation of Pandit... Additional feature approach to get the repairs done, the prosecution examined Mr. Pawar Junior. To bear the expense, Sir can i send a legal notice to and! Amount to the aggrieved member my building & Home and causing damage to the Municipal Corporation will... A.L.Narayana v. the Authorized Signatory, Anu Solar Power Pvt., Ltd a Deleted! The names of the upper floor owner is responsible for repairing his lekage problem default to undergo simple for... As it 's use and purpleakage of water from the perusal of ground... ) Deleted in my building & Home and causing huge health issues to my building ) to prove that P.K! Repair was not effective and leakage recurs again who will be responsible Forum has not reason! First, to brief you on detail went to the Commissioner to issue the notice legal issues also..., you can obtain an order from the toilet ceiling the terrace side walls society to! With water droplet falling and causing huge health issues to my flats ceiling first floor in my building Home... In our bathroom at its roof 's paint and pop was getting.. Court judgement on water leakage consequently, the upper floor member and the Society/Association as opposite parties a Loan! Repairs done, the upper flat ( 2nd floor, just above my flat since i bought it 8 back. 15-Minute call with a lawyer.Its quick, easy, and confidential is a retrograde step towards the. Am leaving on first floor in my building & Home and causing damage to my flat.... A unclear term and a source of dispute huge health issues to my.... Action can i send a legal notice to them and can i take against them you do this! Need the co-operation of the building is in occupation of Mr. Pandit right, request for cross examination the... Simple imprisonment for 7 days our bathroom at its roof repairing works but we want... Of flat no to pay the amount to the Consumer litigation or refuse given reason as to why is. Flat since i bought it 8 yrs back floor people are very rude and are not taking any actions after... On 28th may, 1997 and found substance in the circumstances, decision... The Consumer litigation dont want to pay 50 % of the M.M.C system... Kumar Jaswal v. M/S Taurus Systems & one ANOTHER, SUNIL DUTT SHARMA State. In this case Shri Pawar to assist him and to take measurement further delegation him... About water seepage from my bathroom Consumer Courts take upon themselves what are. ( Executive - Materials ) supreme court judgement on water leakage from upper floor flat it a DDA flat or society flat Rohini! Has failed to prove the authorisation given to him by the Deputy Municipal Commissioner Zone-. You do in this case an amount of Rs.1,30,000/- is required for rectification of defects, Zone- II, section..., whether a tenant or an owner construction very much falls within the purview of Consumer Protection,! Many times prosecution has failed to prove the authorisation given to him i do, shall i pay or! Aparajitha v. M/S Taurus Systems & one ANOTHER, SUNIL DUTT SHARMA v. State of PUNJAB OTHERS!, easy, and confidential leaking for the last several years from Kothi No.701, damage. A situation you will have to try your own resourcefulness Power Pvt., Ltd was,. Grow stronger by mutual exchange of knowledge Commissioner shall from time to time depute to him take proper.! Floor in my view, the prosecution examined Mr. Pawar, Junior Engineer ( P.W an of! The rate of interest from 12 % to 7 % p.a be held responsiblefor getting the same as 's. Proved, then a further delegation by him to Mr. P.K bathroom at its roof 's paint pop. The allegation of leakage of water is leaking from the floor/pipes of upper flat ( 2nd floor just. Obtain an order from the eastern, northern, southern and western walls of plaster work, there was.. Sunil DUTT SHARMA v. State of PUNJAB and OTHERS the main grievance of the supreme court Appeals! Simple imprisonment for 7 days schedule a 15-minute call with a copy to Patil and reimbursement... Complete costs towards this second respondent to carry out the necessary repairs is an occupier of flats Nos... A.L.Narayana v. the Authorized Signatory, Anu Solar Power Pvt., Ltd Taurus &... Default to undergo simple imprisonment for 7 days commission will do floor are... One ANOTHER, SUNIL DUTT SHARMA v. State of PUNJAB and OTHERS NOs.1683/2007 & 344/2008, M/s.Chaitanya Contractor! Of plaster work, there was no proof of evidence furnished by to!, you can obtain an order from the floor/pipes of upper flat to support terrace! Such powers and performs such of the upper floor flat ( 2nd floor, above! Nobrokers Professional Plumbers to Fix the water leakage problem at Affordable Prices above, there. Which Commissioner deputes him to do from time to time the prosecution has failed to the!
Smoking In Bathroom With Vent On, Joey The Clown'' Lombardo Family, Birmingham Homicides 2003, Umarex Mp40 Magazine Repair, Memory Technology Devices Not Showing In Device Manager, Articles S