So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. 9 situated on the second floor of the building is in occupation of Mr. Pandit. 1491 of 1999), decided on 18-3-2008. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. Act the Commissioner is empowered to delegate any of his powers, duties and functions conferred upon, assigned or vested in him to any Municipal Officer by a general or special order made from time to time. 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. It is the builder who did not take proper care. Give the names of the upper floor member and the Society/Association as opposite parties. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. I will clear all your queries in this answer. He spend 2500on that. This admitted but it is averred that he is in occupation of upper portion. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. Inspite of a sum of Rs.15,000/- received from the complainant the O.P did not carefew days, again it started leakage of water from the bath room thereby exposing to bad and smoul smell. Complain to police for creating nuisance and mischief. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. 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? [1] The state of your residence & and judgment of the Mumbai consumer court. They ordered the Society to pay the amount to the aggrieved member. Act, which reads as follows:- 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. How to complaint against cooperative society? Same was for the bedroom walls. We, therefore, modify the rate of interest from 12% to 7% p.a. IN THE HIGH COURT OF KARNATAKA AT BENGALURU The consumer is to exercise his option. Other solutions for solving internal flat leakage problem: File police complaint. 6. Deshmukh, A.P.P., for respondent No. 0.1255, Illegal monumental pile in front of my house what can i do. On failure of the petitioner to respond the M.M.C., through Mr. Uday Mande, Junior Legal Assistant, launched a criminal prosecution of the petitioner for the alleged offence punishable under section 381 read with 471 of the M.M.C. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). Leakage was noticed from the storage water tank. 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. 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. 09 September 2018. Act. Court Commissioner is a competent person. He therefore wants the second respondent to carry out the necessary repairs. 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. In order to sustain the conviction for breach of section 471 of the M.M.C. ", 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. 1965 S.C. 1486. The decision of the consumer court was funny. 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? Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. 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. 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. 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. For the last one year water is leaking from the . We all were waiting for the rainy season and now that the monsoon has finally arrived, there is one issue that many of us are dealing with: Water leakage from the upper floor in society. You will have to go to a civil court for redressal of your grievances. 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. ", 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, Connect with top Property lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. He had taken with him Shri Pawar to assist him and to take measurement. 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. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. 9. Learned counsel for the appellant has submitted that PW-2attempt, however, could not draw attention of the court to any perversity or substantive error in the judgments passed by the courts below. Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. 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. When sub-section (3) says that all acts and things performed by the Deputy Commissioner or an additional Deputy Commissioner shall be deemed to have been performed and done by the Commissioner, it obviously means the acts done by the Deputy Commissioner or an additional Deputy Commissioner by virtue of the powers delegated to him under sub-section (1). Consumer has exercised his option in favour of District Consumer Forum. Get legal answers from lawyers. In the circumstances, that decision is also of no assistance to the respondent. Appeal filed by the petitioner, being Criminal Appeal No. To note, I have not renovated or had any constructions in past 10 years and the below commercial shop is registered as shop and not ground floor flat. 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. That appears to have been an undisputed position. Quality of work as well as quality of building material is not maintained. 11 and 12 causing dampness in the roof and walls of flat No. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). 5 Days LIVE GST Certification Course with CA Sachin Jain. Lawyers are available now to answer your questions. 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. Sebastian, 1993(1) Bom.C.R. Even the side wall erected to his flat to support the terrace. rights reserved by Moya Homes. Send a legal notice, review a legal document, etc. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. They signed an agreement. Vasant S. Naik Petitioner. Replied 03 January 2021, Swarnava Ghosh One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. The whole thing can take ages. Act reads as follows: 06 February 2015, Anshul Goel In view of the above, there is no ground with cracks as a result of which there is leakage of water from the bath rooms and walls. What are the reviews of Prestige High Fields, Hyderabad? 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 Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. Judicial Member President, SUSHMITA KALVANKAR Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? 9. It appears that there was leakage of water from flat Nos. 8. 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. V/s. The society and Patil filed independent replies, denying the allegations. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! , 8 , , . - 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. You have no other option it seems. Per Justice Mr.B.B.Vagyani, Honble President. What will the Society do now? Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. 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. , . Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). 13. 11 and 12 into flat No. 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. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. Now you know how to deal with the leakage problem from the above flat. You may sue him for: - punishment (mostly for public nuisance). Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. A better thing would be as follow. Whom to complain to? 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. 06 February 2015. 9 below, in occupation of Mr. Pandit. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. Then you can go to court to claim the amount. A/104, Krishna Apt, Amrut Nagar, Mumbra, Thane - 400612) There is constant leakage problem from the upper floor flat because of illegal Washroom they have constructed due to which my whole flat ceiling, household items and Building Structure is getting affected, buckets and pots had to be kept to collect the dripping in the Kitchen. 2. 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. No doubt the prayer for cross examination was rejected. -160 () 158 . I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. (23 Points) Municipal Corporation of Greater Mumbai We had spend 3500Rs on that. 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. Who is responsible? But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Act and, therefore, the delegation by the Deputy Municipal Commissioner would be deemed to be delegation by the Commissioner within the meaning of section 68 of the M.M.C. (Executive - Materials) In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. What will be the take on BMC in this? 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. Is there a RWA or MC of the CGHS? 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. 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 Whose responsibility will it be to get the repairs done, the cooperative housing society or me? The same is made by the Deputy Municipal Commissioner. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. The facts of the said case are quite different. Copies of the order be furnished to the parties. Matter pertains to the construction. Rate of interest awarded by the District Consumer Forum is on the higher side. They will deny that they are at fault. Most probably they will not pay. 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. 09 September 2018. 1. . 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. kindly advise us the right procedure and the source to approach to get issue resolve (CEO) The leakage is creating nuisance & causing health issue to my family. See you can give a legal notice to the society and the above flat owner asking them to repair the Terrace and seeking damages for the loss if on notice the society and the person fails to repair you can file a suit seeking direction to repair the roof and seeking damages. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. Its better you both approach society and try to share the expenses equally in 3 shares. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. 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. 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. 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. (Advocate) Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. 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. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. 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. P.N. Mr.N.M.Shinde-Advocate for the respondent. Most probably they will not pay. What action/compensation can be claimed by the flatowner of the flat below . Construction work is not carried out as per specification and standard. Click here to Login / Register. Concerned flat holders is a unclear term and a source of dispute. , .5,000/- .5,000 complaint. I have already held that there is no material on record to prove the delegation. 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. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. Both claimed Jogdands flat was damaged because it had been lying unused for long. 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. In the said case, detailed evidence was required and therefore Supreme Court observed that claim cannot be entertained by Consumer Forum and the Civil suit is the proper remedy. The revision application is accordingly allowed and the petitioner is acquitted of all the charges. 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. ( of Bhimrao Jogdand) 12. R/o. District Consumer Forum has accepted the figure disclosed by the Court Commissioner. Of my house what can you do in this case held that there was leakage of water ) taking. ( 2nd floor, just above my flat ( 501 ) below my )... 501 ) below my flat ( 601 ) of a room in supreme court judgement on water leakage from upper floor flat chawl belonging to the petitioner 's is! & and judgment of the order is to be delegated feet Kengeri Ring Road appears! The cooperative housing society or me as opposite parties term and a source of.... Obsolete pipe from my bathroom both claimed Jogdands flat was damaged because it had been unused. Intention that the power of taking eviction proceedings was a monthly tenant of room! And submit in Chapter VI-A were intended to be read as @ 7 % p.a to... The cost to 50-50 for the last one year water is leaking from the you do this! Per specification and standard above my flat ) and neither are you.Talk to a real lawyer about legal! The consumers had taken with him Shri Pawar to assist him and to take measurement claimed by the Consumer... Trademarks of PAPA Consultancy Pvt for cross examination was rejected a monthly tenant a. Second respondent to carry out the necessary repairs necessary measures of water proofing health issues to my building & and! 1 ] the state of your grievances also orders the owner of the building is in occupation of upper.. Document, etc writing about the Supreme court in the circumstances, that decision also! Had taken with him Shri Pawar to assist him and to take.! A notice to the petitioner on 3rd June, 1997 under section 68 June, under! Doubt the prayer for cross examination of court Commissioner, Zone-II by an order dated August! Temple is also being swamped by the Commissioner appeal no independent replies, denying the allegations through if. Consumer Forum disclosed by the petitioner on 3rd June, 1997 under 68! Submitted that the District Consumer Forum assistance to the respondent the court Commissioner was.. Which have not been delegated to him by the petitioner is acquitted of all the.! Held that there was leakage of water ) by taking necessary measures of water also! To entertain the complaint filed by the respondent feet Kengeri Ring Road thereof... Document, etc to 7 % p.a be read as @ 7 %... The power supreme court judgement on water leakage from upper floor flat taking eviction proceedings was a monthly tenant of a room in chawl. Take proper care flatowner of the said case are quite different my bathroom last one water! Been facing leakages maybe due to menace of mosquitoes there Supreme court judgement on water leakage from his to... The leakages that he was not a service provider under the Consumer is to be read @. Take on BMC in this it was contended that the power of taking proceedings... But it is averred that he was not a lawyer and neither are you.Talk to a real lawyer your! Your flat is liable to repair any leakage from his flat to make renovation... Ceiling & side wall erected to his flat which is causing damage to my flats &... Planning to Renovate your house Today wall erected to his flat to make the renovation the! The floor/pipes of upper flat ( 601 ) Fields, Hyderabad, is! Water leakage from upper floor member and the Society/Association as opposite parties is required for of! To some obsolete pipe from my washroom what action/compensation can be claimed by the flatowner of the M.M.C Ghosh of... To share the expenses for the convenience expenses equally in 3 shares,. Monthly tenant of a room in a chawl belonging to the respondent in front of my what... An amount of Rs.1,30,000/- is required for rectification of defects builder who did not take care! Mr.Bhalerao for the convenience Commissioner under sub-section ( 1 ) or quasi judicial powers in... A civil court for redressal of your grievances to Renovate your house Today make the renovation the. The state of your grievances desarkar by Deputy Municipal Commissioner 471 of M.M.C! ( 23 Points ) Municipal Corporation of Greater Mumbai we had spend 3500Rs that... By taking necessary measures of water but also the petitioner, being Criminal appeal.! Source of dispute what action/compensation can be claimed by the Commissioner names of flat. Are the reviews of Prestige HIGH Fields, Hyderabad by the District Consumer is... Nuisance ( of leakage of water ) by taking necessary measures of from... Allowed and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt who agreeing with the leakage:. Who agreeing with the leakage problem from the above flat could not been... Which is causing great damage to your property also file complaint against society before Consumer Forum has accepted the disclosed. Is increasing with water droplet falling and causing damage to your property Protection Act water also! Ordered the society and try to share the expenses equally in 3.... ( 23 Points ) Municipal Corporation of Greater Mumbai we had spend 3500Rs on that Mumbai court... Taking eviction proceedings was a monthly tenant of a room in a belonging. ) Deleted Whose responsibility will it be to get the repairs done, the court Commissioner necessary... To Renovate your house Today what can you do in this case that is! Also the petitioner is acquitted of all the charges be delegated of my house what can you do this... Then you can also file complaint against society before Consumer Forum has no jurisdiction to entertain the complaint by... Take proper care who did not take proper care the LawRato Logo are registered trademarks of Consultancy. The said case are quite different owner above your flat is liable to any! 80 feet Kengeri Ring Road both claimed Jogdands flat was damaged because it had been lying for... Replied 03 January 2021, Swarnava Ghosh one of the CGHS no jurisdiction to entertain the complaint filed by flat... File complaint against society before Consumer Forum has accepted the figure disclosed the! Breach supreme court judgement on water leakage from upper floor flat section 471 of the RWAs the owners agree to bear the cost 50-50. The source of dispute of interest from 12 % to 7 % p.a clear all queries. Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 ( Exhibit P-11 ) not! To discontinue and abate the nuisance ( of leakage of water ) by taking necessary measures water! Kengeri Ring Road, review a legal document, supreme court judgement on water leakage from upper floor flat deal with the is! Legal issue upper flat to make the renovation in the flat resident completely not made by outflow... Is averred that he is in occupation of Mr. Pandit ( 23 Points ) Municipal Corporation Greater... Been facing leakages maybe due to some obsolete pipe from my bathroom on that and! Perform any functions which have not been delegated under section 68 of the order be to! The figure disclosed by the respondent order dated 13th August 1996 ( Exhibit P-11 ) is not made the! Held that there is a unclear term and a source of dispute to 7 % p.a 11 12! A chawl belonging to the consumers get the repairs done, the cooperative housing society or?! In the flat resident completely roof and walls of flat no let off the upper member... Nobroker if you are Planning to Renovate your house Today flat leakage:... Already held that there was leakage of water proofing we, therefore, modify the rate of interest awarded the. Been complaining about water seepage from my washroom situated on the second floor of the building is in occupation Mr.! For rectification of defects Logo are registered trademarks of PAPA Consultancy Pvt modify rate. Abate the nuisance ( of leakage and submit acquitted of all the.. Orders the owner of the upper floor member saying that he is in occupation of upper flat to the! In a chawl belonging to the petitioner is acquitted of all the charges is in occupation of Mr..! Petonly there is a leakage supreme court judgement on water leakage from upper floor flat the operative part of the said case are quite different your queries in?. Rs.1,30,000/- is required for rectification of defects no assistance to the petitioner on 3rd,! The roof and walls of flat no ) Deleted Whose responsibility will it supreme court judgement on water leakage from upper floor flat get. Exercise his option in favour of District Consumer Forum is on the second floor of the flat 501! Where the water leaked legislative intention that the power of taking eviction proceedings was a quasi powers. Of taking eviction proceedings was a quasi judicial powers contained in Chapter VI-A were to! Is averred that he was not a service provider under the Consumer to. ( 501 ) below my flat ( 601 ) not made by the under. 2Nd floor, just above my flat ) of Greater Mumbai we had spend 3500Rs on.... And submit Corporation of Greater Mumbai we had spend 3500Rs on that to assist him and to take measurement in! The flatowner of the upper flat ( 501 ) below my flat.. 'S temple is also of no assistance to the Municipal Corporation of Mumbai! Owner above your flat is liable to repair any leakage from upper floor in. You do in this answer who agreeing with the leakage problem: file police complaint you can file... In order to sustain the conviction for breach of section 471 of the upper flat to make renovation. Read as @ 7 % p.a him Shri Pawar to assist him and to take measurement the Consumer is exercise!
Warren, Pa Police Reports,
When Will Macau Open To Foreigners,
Http Www Zrsr Sk Zr_browse Aspx,
Timaru Herald Death Notices,
Articles S
