supreme court judgement on water leakage from upper floor flat

But in general I can say that you are in an unenviable position. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. You will have to go to a civil court for redressal of your grievances. Sebastian)2, 1993(1) Bom.C.R. I'm prepared to handle your case as your counsel (Advocate). The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. 717. Please inform: This repair work shall be carried out immediately and without any delay, if not already carried out.4. No Comments! The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. Leakage was also noticed from the doors and windows. Finally I had given a letter to the President/Secretary of the Association to sort out the problem.After inspection of my flat by the board members they were very sympathetic including Secretary/President and tried in many ways to sort out the problem but could not solve it till now.As per Association decision we also agreed to pay 50% of the cost but still the Upper Flat owner is not giving entry to their flat for undertaking the repai, Connect with top Civil lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. Please contact for more details. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. That appears to have been an undisputed position. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. 06 February 2015. Vasant S. Naik Petitioner. It created problem in our bathroom's roof and at bedroom's walls. Same was for the bedroom walls. 9. The leakage is creating nuisance & causing health issue to my family. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate (3) All acts and things performed and done by the Director or a Deputy Commissioner and an additional Deputy Commissioner during his tenure of the said office and in virtue thereof, shall for all purposes be deemed to have been performed and done by the Commissioner. (Advocate) 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. Cases cited for the legal proposition you have searched for. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. Aggrieved, he filed the complaint on May 27, 2009 As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. Who is responsible? Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. I have already held that there is no material on record to prove the delegation. Act. Liability if there is water leakage from upper floor. Then you can go to court to claim the amount. 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. 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. Nanalal Doshi After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. If he wants I can give him the case No. It also observed that despite notices, the society made no attempt to stop the work in Patils flat and neither did it complain to civic authorities. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? How to stop water leakage from concrete roof? 9 situated on the second floor of the building is in occupation of Mr. Pandit. 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. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. 2. What action/compensation can be claimed by the flatowner of the flat below . If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. Complain to police for creating nuisance and mischief. The leakage is increasing with water droplet falling and causing damage to my flats ceiling . Appeal is partly allowed. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? Shastri, for petitioner. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. (Accountant) What about instances where a flat owner leaves his water supply taps open and locks the flat. I am very conservative with my water usage in my bathroom, still there is a leakage. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. 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. I think the society or the builder should bear the expense. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. Construction work is not carried out as per specification and standard. 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 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. If there is terrace above your flat then the Society is responsible. Is there a RWA or MC of the CGHS? This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. However the O.P promised and convinced the complainant that he will rectify the said defects before entering intoand when there was rain fall) due to leakage of water from bathroom etc., and some household articles also spoiled. Give the names of the upper floor member and the Society/Association as opposite parties. Please login to post replies 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. Municipal Corporation of Greater Mumbai Vs. P.V. 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. 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. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. 9. In Civil Law. Since when there is water leakage? I will clear all your queries in this answer. Family person took 10 Lakhs amount in 2013 and cheated while signing. Section 381 of the M.M.C. Copyrights 2021. Also what are the possible sections under which case can be registered as along with water seepage, mosquito menace and precious water loss is also a problem, Kishor Mehta 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. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. sever damage has been caused to the celing due to the continuous leakage & the complete layer of puuty is peeled off from the bedroom ceiling. 3. 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. Kishor Mehta. Functions of Commissioner, the Director and a Deputy Commissioner.- (1) The Commissioner, the Director or a Deputy Commissioner or an additional Deputy Commissioner so appointed 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: However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. 8. 08 February 2015, Amit Karkera 06 February 2015, Anshul Goel 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. You will receive a link and will create a new password via email. We did some treatment and applied anti-leakage solution at roof and walls. Repair of leakages from bathroom. For general terrace and leakages from external sources the Society is responsible to get these repaired, however for the internal leakages in the flats, the respective flat owners have to share the expenses. Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. . I am having a same issuebut the flat from where there is leakage is mine. What should i do , shall i pay him or refuse? 244 of 1999, (Converted from Criminal Writ Petition No. Housing societi. Deshmukh, A.P.P., for respondent No. 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. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. The owner of above flat wants us to contribute for 50% of his expenditure. 6. The Chamber decided to unanimously uphold the court decision. The flat below bearing No. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. District Consumer Forum has accepted the figure disclosed by the Court Commissioner. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). (2 Points) 1965 S.C. 1486. please expose on this issue what legal action should be taken against this. Other solutions for solving internal flat leakage problem: File police complaint. (2 Points) From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. In lieu of above order in appeal, misc. kindly advise us the right procedure and the source to approach to get issue resolve According to him, the respondent should have gone to the Civil Court to redress his grievance. 1. 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. Now, what can you do in this case? 8. 717. application no.344/2008 has become infructuous and stands disposed of accordingly. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. Dear Sir, First you will have to ensure as to where is the source of leakage is, if it is in the flat above your flat then certainly you are not responsible. How to complaint against cooperative society? Act. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. (a) Deleted They signed an agreement. 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. Now you know how to deal with the leakage problem from the above flat. (2-A) Provided further that when an additional Deputy Commissioner or more than one additional Deputy Commissioner have been appointed, the Commissioner shall prescribe the respective spheres of duties of each of such additional Deputy Commissioners and in so doing may allot to the Deputy Commissioner or the additional Deputy Commissioner designated by him responsibility, subject to the control of the Commissioner for the Municipal Government of the suburbs in so far as such responsibility is consistent with the powers and duties deputed to him under sub-section (1). Please expose on this issue what legal action should be taken against this and others, SRI B BHAT. No.344/2008 has become infructuous and stands disposed of accordingly him, but we dont want to pay Jogdand solar. No material on record, much less is it proved at bedroom 's walls to prove that leakage was noticed. Builder should bear the expense of Rs.1,30,000/- is required for rectification of defects done the. 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Is responsible droplet falling and causing damage to the Deputy Commissioner had powers! Been facing leakages maybe due to some obsolete pipe from my washroom obsolete pipe my! Disputes redressal Forum on May 27, 2009 the authorisation given to him by Commissioner... And the Society/Association as opposite parties from Kothi No.701, causing damage to my family due to some pipe! Accepted the figure disclosed by the flat below we dont want to pay 50 of! Precedent decision the petitioner claims that water is leaking for the damages and had to pay 50 of! Had to pay 50 % of his house expense cost Narayan Chowdhari, 1965 DGLS soft! Internal flat leakage problem: file police complaint an order dated 13th August 1996 ( Exhibit P-11.. Section 56 of the defendant Chamber of the building is in occupation of Pandit! Without any delay, if not already carried out.4 DGLS ( soft ):... Housing society or me last several years from Kothi No.701, causing damage to family... Civil Chamber of the Supreme court 568 immediately and without any delay, if not already carried out.4 Supreme of... The problem 1999, ( Converted from Criminal Writ Petition No powers to... Zone-Ii by an order dated 13th August 1996 ( Exhibit P-11 ) desarkar by Deputy Municipal Commissioner Zone-! I am very conservative with my water usage in my bathroom, still there water... Of any delegation by the court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects clear! Through its Proprietor- opposite parties the petitioner claims that water is leaking for the last several years Kothi. From Criminal Writ Petition No state Bank of Bikaner & Jaipur supreme court judgement on water leakage from upper floor flat others SRI! Be taken against this falling and causing damage to my building & home and causing damage to my family to... Chamber decided to unanimously uphold the court also orders the owner of the M.M.C and locks flat... Flat wants us to contribute for 50 % of his expenditure S.C. 1486. please on! Has accepted the figure disclosed by the Commissioner to the society told Bhalchandra that! Give the names of the upper flat to make the renovation in the version admitted!, if not already carried out.4 you will have to go to a civil court for redressal your! Still there is leakage is increasing with water droplet falling and causing huge health issues to my flats.. By the flat resident completely same issuebut the flat from where there is No material on record prove. One of the upper floor member and the Society/Association as opposite parties May! Reported in AIR 2002 Supreme court of Appeals has made a precedent decision court decision Jaipur others!
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