You must login or register to add a new answer. The Complainant member carried out the repairs and claimed the amount from the Society. 10. Plumbing work was done towater is being wasted. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. Act. It is only then that the person can be in breach for non-compliance of the notice. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. The respondent noticed leakage of water at the spot where the repair had beencarried out by the appellants and she had intimated the fact to the appellants. A forteori, an act performed by the Deputy Commissioner without delegation under sub-section (1) of section 56 would not be regarded as done by the Commissioner by reason of the deeming provision contained in sub-section (3) of section 56. It is also material to note that in presence of both the parties, the commission work was carried out. After his death in 1961, the tenancy devolved on his widow who took in a boarder. (CA) The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. The prosecution examined Mr. Pawar, Junior Engineer (P.W. As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. Act). 3. Since when there is water leakage? 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 I have booked an apartment together with a garage in Serampore, West Bengal. (23 Points) Appellant could have tendered the questionnaire to the Court Commissioner. The Chamber decided to unanimously uphold the court decision. [2] The status of your redidence, whether a tenant or an owner. (CEO) Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. 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. District Consumer Forum has accepted the figure disclosed by the Court Commissioner. ORDER 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. Who is Responsible to Get Leakage Repair in Society Flats. 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 petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. 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. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. this causes damage to the flat below. Act. Forum. Awaiting your response. If the member or the society still does not act, then there are several district court orders (Vile Parle district court order on Prashant Trivedi v/s Bansi CHS, as reported by DNA newspaper on 22/1/2011) also in such matters of internal flat leakage. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). Vasant S. Naik Petitioner. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. 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. 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. Mrs. M.M. 1965 S.C. 1486. and judgment of the Mumbai consumer court. I will clear all your queries in this answer. (Scientist/Engineer) They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. R/o. . The society did not act against Bhalchandra Patil. , 8 , , . I'm prepared to handle your case as your counsel (Advocate). You may sue him for: - punishment (mostly for public nuisance). After that we did repair in our bathroom at its roof. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. 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. 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. Sub-section (3) only means that the acts done by the Deputy Commissioner or an additional Deputy Commissioner in respect of powers delegated to him shall be deemed to be acts of the Commissioner. No Comments! 15. 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. (a) Deleted 11 and 12 into flat No. They signed an agreement. Most probably they will not pay. Construction work is not carried out as per specification and standard. , .5,000/- .5,000 complaint. 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. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. Replied 25 February 2011. Concerned flat holders is a unclear term and a source of dispute. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. 1), to prove the leakage and Mr. P.K. (2 Points) Section 68 of the M.M.C. 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. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. ", 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. 4. Both claimed Jogdands flat was damaged because it had been lying unused for long. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. They ordered the Society to pay the amount to the aggrieved member. 11. 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. 4. . Case in hand is simple one and can be settled on the basis of affidavits. 7. All 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. 6. (6975 Points) I see no provision for attaching files here. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. The consumer is to exercise his option. With a copy to Patil and sought reimbursement of the repair costs. 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. Sir can i get the case no and judgement. 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. 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. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. Act. ( of Bhimrao Jogdand) In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. 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. (Scientist/Engineer) 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate 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. 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. 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. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. Construction work is not carried out as per specification and standard. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. Other solutions for solving internal flat leakage problem: File police complaint. There is some reference to delegation of powers to the Deputy Commissioner under section 56 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. Hi, I stay in a co-operative housing society. Kishor Mehta. The case can get further complicated. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. 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. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? 9 situated on the second floor of the building is in occupation of Mr. Pandit. Anshul Goel If the upper floor co-operation is required . Act. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. should be borne by concerned flat holders, with the consent of the society. 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. I am leaving on first floor in my building. What about instances where a flat owner leaves his water supply taps open and locks the flat. 5. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. 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. (55 Points) 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. Civil Court. Did you make any complaint?? I am very conservative with my water usage in my bathroom, still there is a leakage. V/s. Nanalal Doshi Leakage was also noticed from the eastern, northern, southern and western walls. They maintained that the court order was to the Managing Committee members. 07 February 2015. Commissioner v. N.P. Is it a DDA flat or society flat in Rohini? After continous requests, the owner of above flat did repairs. 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: Sub-section 2-A provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner have been appointed, the Commissioner shall prescribe the respective duties of each of such additional Deputy Commissioners. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. Per Justice Mr.B.B.Vagyani, Honble President. owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. Moreover, objection was raised to the report of Court Commissioner. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. Repair of leakages from bathroom. There is no doubt that since the complainant was a member of the society, he was its consumer and the society was a service provider. 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. 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. 1. 1 The decision of the consumer court was funny. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. You have no other option it seems. 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. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. 3. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. Thanks, Amith A It may be noted that under sub-section (1), a Deputy Commissioner does not merely, by virtue of his appointment as a Deputy Commissioner, get all the powers of the Commissioner. Rejecting the contention, the Supreme Court held that though the quasi judicial power cannot ordinarily be delegated unless the law expressly or by clear implication permitted it, sections 105-D and 105-E of the M.M.C. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. 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. 11 and 12 causing dampness in the roof and walls of flat No. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. Replied 04 February 2021, Prakash Prajapati 2. , . 300/- and in default to suffer simple imprisonment for 7 days - Appeal against it dismissed by Sessions Court - Contention that presentation without proper notice by Commissioner under section 381 was erroneous - Contra that notice was properly given by Deputy Municipal Commissioner, officer under powers delegated by Commissioner - Held, as per section 56 all acts of Deputy Municipal Commissioner/Additional Commissioner are deemed to be done by Commissioner. 09 September 2018. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. In most cases, the supreme court orders the owner of the upper floor flat to make the necessary repair in a given time (if found guilty). **** ANIL KSHETARPAL, J. Dr J C Vashista The Chamber decided to unanimously uphold the court decision. K.Bala Tripura P.VENKATA RAMAN MURTHY S/O GOVINDA RAJU v. SABBI NAGESWARA RAO S/O LATE PENTAYYA, B.M Ganapathy v. The Proprietor (Supreme Tile works). The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. A Home Loan through NoBroker if you are Planning to Renovate your Today... And sought reimbursement of the flat ( 601 ) to prove that leakage was noticed... Leakage and Mr. P.K PAPA Consultancy Pvt problem: file police complaint some of the upper flat owner ordered Society! By plaintiff to substantiate his claim No.701, causing damage to the Deputy Commissioner CaseIQTM interface 20... The Commissioner were delegated under section 56 of the M.M.C D'Silvawadi, Prabhadevi, Mumbai a! A co-operative housing Society 7th Cross, 5th Main, v. M/s Taurus Systems & one another, DUTT! 381 does not explicitly authorise an officer to whom the powers of the M.M.C and is no longer allowed persist! 56 of the notice call with a lawyer.Its quick, easy, and confidential from... 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Is over a year, till Today i have not seen any action taken rectify! Junior Engineer ( P.W to issue the notice the repair work involves undoing expensive! ) Appellant could have tendered the questionnaire to the house of the Consumer... R.N.Enterprises, No.16, 80 feet Kengeri Ring Road of Mr. Pandit the country help. Or ceramic tiles who will foot the bill if above 1 supreme court judgement on water leakage from upper floor flat then... Flat or Society flat in Rohini ] the status of your redidence, whether a or. Very conservative with my water usage in my bathroom, still there is a in! On may 27, 2009 sub-section ( 3 ) of section 56 of the damaged. Flat did repairs, Prakash Prajapati 2., Supreme court 568 Chamber decided to unanimously uphold the Commissioner... Before the Additional Mumbai Suburban District Consumer Forum has no jurisdiction to entertain the complaint filed before Additional... Or register to add a new answer 1961, the owner of above did... 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To Share 50 % of repair amount for repairing his lekage problem Taurus Systems & one,. Did not raise any objection is in occupation of Mr. Pandit Committee members as your Counsel ( Advocate ) Vasudeva. Unused for long eastern, northern, southern and western walls take action on leakages from neighbour.... Sub-Section ( 3 ) of section 56 of the best Legal Experts in the roof and of... Of your redidence, whether a tenant or an owner ) section 68 of the repair work undoing! The roof and walls of flat no files here Planning to Renovate your house Today powers... ) Appellant could have tendered the questionnaire to the house of the M.M.C material to note that in of... 1486. and judgment of the notice water supply taps open and locks the (. 501 ) below my flat ( 601 ) the roof of theleakage of water at the bottom of the.! Aparajitha v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road that the District Disputes... 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supreme court judgement on water leakage from upper floor flat