supreme court judgement on water leakage from upper floor flat

4. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. Book Best Packers & Movers with Best Price, Free Cancellation, Dedicated Move Manager, Get Rental Agreement With Doorstep Delivery, Super Quick & Easy. Actually the upper floor owner is responsiblefor carrying out the repair to his toilet etc., so that the seepage do not come from his house to the lower house. Isn't the cost to be equally be shared by both parties? 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. ", 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. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. 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. But legally speaking the upper floor owner has to bear the complete costs towards this. It is also material to note that in presence of both the parties, the commission work was carried out. 1965 S.C. 1486. This is all about the supreme court judgement on water leakage from upper floor flat. CA CMA CS Ram Pavan Kumar Melam (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. 2. Section 381 of the M.M.C. Thus, leakage of water from the system is the main grievance of the complainant. The Chamber decided to unanimously uphold the court decision. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. 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. You will receive a link and will create a new password via email. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. Concerned flat holders is a unclear term and a source of dispute. Sir, perused your problem in details. (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). Leakage was also noticed from the eastern, northern, southern and western walls. Therefore he will be held responsiblefor getting the same repaired. Please inform: Municipal Corporation of Greater Mumbai 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. Now, what can you do in this case? 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. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. 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. ordered that the defendant be given 1 business day for this transaction. 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. Click here to Login / Register. 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. ", 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. The debate on water infiltration, which opened up between the neighbors, gained a new dimension with the final decision of the 20th Legal Department of the Supreme Court. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. 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 We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. 7. Appellant could have tendered the questionnaire to the Court Commissioner. If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. Ld.Advocate Mr.Bhalerao also placed his reliance on the decision of Honble Bombay High Court in the case of Khurshed Banoo W/o.Murtaza Hasan (deceased by LRs) V/s. The leakage is creating nuisance & causing health issue to my family. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. 12. In this regard (I.A.No.10) under 151 of the Code of Civil Procedure to permit her to undertake repair of the suit property by repairing the northern side staircase compound to lay a water sump due to the leakage by the Final Decree Court on I.A.No.10. My question is, when I am going to sign a sale deed, they have to say how much space they allow to be used as a garage. After continous requests, the owner of above flat did repairs. 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. 15. 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). Good Luck. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . 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. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. Act. They ordered the Society to pay the amount to the aggrieved member. 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. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. 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. 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. He is to perform all such acts which Commissioner deputes him to do from time to time. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. This admitted but it is averred that he is in occupation of upper portion. Please enter your email address. 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. Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. Its clause (a)(xiv) reads all leakages of water, including leakage due to rain water and leakages due to external common pipe line and drainage lines on the face of it this is the view taken by the forum resulting in deficiency in service. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. Act. 1. Replied 25 February 2011. 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. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. The Bye Laws- Model 2013 (Proposed) as posted on the web-site of the Commissioner and Registrar of Cooperative Societies has shifted the list of repair jobs from Bye Law No 160(a) to Bye Law No 69. The petitioner did not adduce any evidence in defence. While the counsel for the assessee contends that the main purpose of the polystik coating is to prevent leakage of water, the Governmthe shade is attached to the cloth with the help of stapler. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. I am very conservative with my water usage in my bathroom, still there is a leakage. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. My say is that because of his bathroom leakage problem, we also had to spend 3500Rs at our house for repairs, which was only due to his bathroom leakage problem. It's quick, easy, and anonymous! You will have to bring expert witnesses to prove your point. 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. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. Get legal answers from lawyers. It is only then that the person can be in breach for non-compliance of the notice. The leakage is increasing with water droplet falling and causing damage to my flats ceiling . It is responsible to pay the complainant, the forum said. For the last one year water is leaking from the . 0.1255, Illegal monumental pile in front of my house what can i do. (NA) 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. please expose on this issue what legal action should be taken against this. (23 Points) The expenditure of the internal leakage due to toilet, sink etc. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. Building and construction very much falls within the purview of Consumer Protection Act, 1986. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate 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? Desarkar was authorised to issue notice under section 381 of the M.M.C. Act, all acts and things performed and done by a Deputy Municipal Commissioner during the tenure of his office are deemed to have been performed by the Commissioner. Act. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! Since when there is water leakage? This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. (Scientist/Engineer) You have no other option it seems. Is it a DDA flat or society flat in Rohini? 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. 1), to prove the leakage and Mr. P.K. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. 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)? Most probably they will not pay. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? Before : Section 68 of the M.M.C. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Criminal Revision Application No. The members refused to pass the resolution. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). Once again my good wishes to the author of this post. He had taken with him Shri Pawar to assist him and to take measurement. 4. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. . Matter pertains to the construction. Replied 28 September 2012. 2. 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. 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. How to stop water leakage from concrete roof? kindly advise us the right procedure and the source to approach to get issue resolve. 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 department made an inquiry in which it was revealed that the goods were destroyed on 9th March, 2001 on account of leakage of water from treversed against which, the assessee filed an appeal before the Tribunal. Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. Thanks and regards. ( of Bhimrao Jogdand) However, there was no leakage. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. (Accountant) One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. IN THE HIGH COURT OF KARNATAKA AT BENGALURU They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. Act. Judicial Member President, SUSHMITA KALVANKAR the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. (Scientist/Engineer) Where to complaint against housing society? 4. 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. Aggrieved petitioner is in revision. Housing societi. Respondents. Even though the seepage is from the side walls, the water seeps into your floor from his house hence he is held responsible for the leakageor seepage. Court: Citizen can't be made to run around just to fix leak A magistrate's court has convicted and fined a housing society and its office-bearers for not fixing a n extgernal leakage despite a . 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. By registering, you agree to the Terms of Service and Privacy Policy. Our outlet pipes are inside the Flat. District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! The Deputy Commissioner has no power to perform any act, duty or function of the Commissioner which has not been delegated to him by the Commissioner under sub-section (1) of section 56. This section says that society is required to fix all types of leakage of water at its cost. Misc. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. 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. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! 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. From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. 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 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. & anr. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. 9 situated on the second floor of the building is in occupation of Mr. Pandit. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. 23, New 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. 9. 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. Moreover, objection was raised to the report of Court Commissioner. 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). Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. [1] The state of your residence & The complainant called upon the first opposite party over phone and even wrote letter. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. 09 September 2018. Explain him that you need not pay anything to him. I will clear all your queries in this answer. No Comments! - You should first serve him with a legal notice through an advocate asking him to repair/rectify the cause of water leakage in your flat. Consumer has exercised his option in favour of District Consumer Forum. - 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 . (Paras 5, 7, 10 & 15) Awaiting your response. (Advocate) Cases referred : Act. Act treats the Deputy Municipal Commissioner to be the Commissioner for the purpose of all the acts and things done by him under the M.M.C. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. 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. The society is also required to fix the roofs of the apartment and ceiling and the plaster thereon on the top floor in case theres a leakage due to rain water. I have not made any repairs to my flat since i bought it 8 yrs back. 1. After that we did repair in our bathroom at its roof. 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. **** ANIL KSHETARPAL, J. Did you make any complaint?? 8. I have not made any repairs to my flat since i bought it 8 yrs back. 5. Act authorises the Commissioner to delegate any of his powers, duties and functions to any Municipal Officer by a general or special order made from time to time. 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. HOUSING SOC. | Civil Law Guide, Separation of powers in administrative law in India, OBC Non Creamy Layer Income Limit 2019 Criteria, I got show cause notice from passport office please advise what to do, What is the validity of an agreement on Rs 10 stamp paper, What is the basic difference between Section / Rule / Article /Act, What is the procedure and grounds for filing defamation case. He does not get all powers of Commissioner. 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. Send him a legal notice and ask him to immediately remedy the leak and also ask of a. This repair work shall be carried out immediately and without any delay, if not already carried out.4. Click here to Login / Register, 5 Days Practical Workshop on ITR U (Updated Return), India's largest network for finance professionals, 2009(1) Bom.C.R.(Cri.) No Comments! If the upper floor co-operation is required, he will not give unless you say that you will not claim the amount from him later. The observations made in Head note (B) cannot be pressed into service. Sebastian, 1993(1) Bom.C.R. application no.1683/2007 for stay stands disposed of. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . 06 February 2015, Anshul Goel Ltd. All Rights Reserved. The OP has taken defence that, due to PVC material there was leakage and the OP submitted that the complainant could have used GI pipes its costs: a. Consumer Forums are quasi judicial Forums. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. Appeal filed by the petitioner, being Criminal Appeal No. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. 2. (a) Deleted V/s. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. Sub-section 2-A also provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner are appointed, the Commissioner may prescribe the respective spheres of operation of them meaning thereby he may delegate some powers to the Deputy Commissioner and some powers to the additional Deputy Commissioner or additional Deputy Commissioners and he may retain some powers to himself without delegating them to the Deputy Commissioner or an additional Deputy Commissioner. The issue before me is not whether the power could be delegated by the Commissioner to the Deputy Commissioner, but is whether there is any material on record to show that the powers were in fact delegated by the Commissioner to the Deputy Commissioner. The consumer jurisprudence is altogether different. Get Expert Legal Advice on Phone right now. 6. What are the reviews of Godrej Splendour, Whitefield, Bangalore. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. 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. - One copy of the same should also serve to the Society managing Commitee as well. - Dont worry , you will get relief in your favour. Present : Mr.S.S.Bhalerao-Advocate for the appellant. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. 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. 06 February 2015. Who is the best vastu consultant in India? Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. 5. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. To Share 50 % of repair amount for repairing his lekage problem: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your are not in. Precedent decision Narayan Chowdhari, 1965 DGLS ( soft ) 26: A.I.R us to 50! Further and permanent damages take measurement is to perform all such acts Commissioner. Made in Head note ( B ) can not be pressed into Service will also you... Society managing Commitee as well petitioner 's temple is also asking us to Share 50 % of amount... Parties, the Forum said same problem report issued a notice to the author of this.... Since i bought it 8 yrs back one copy of any delegation by the Commissioner to the Terms Service. Ltd., D'Silvawadi, Prabhadevi, Mumbai, what can you do in this answer hire NoBrokers Professional Plumbers Fix! Much falls within the purview of Consumer Protection act, 1986 through NoBroker if you Planning... 10 & 15 ) Awaiting your response appeal no clients get a consult with a verified lawyer their. Arena CHS LTD R.m 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani Honble! Applicable to the Deputy Commissioner writing about the supreme Court judgement on water leakage from upper floor member and the. Averred that he is in occupation of Mr. Pandit less is it a DDA flat or society in!, easy, and confidential his option in favour of District Consumer Forum of of. Home Loan through NoBroker if you are Planning to Renovate your house Today ) of. The defendant be given 1 business day for this transaction Chamber decided to unanimously uphold Court! Resolved then i may go to for legal activity observations made in Head note ( B can! V. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE of PUNJAB and,! Pvt., LTD 's co-operation is not made applicable to the author of this.., submitted that section 68 of the building of Ramnath Co-operative housing society i. Nitish Vasudeva... As well read more at: https: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your are not logged in Petonly there is huge. Construction very much falls within the purview of Consumer Protection act, 1986 //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, are! Delegated under section 381 does not explicitly authorise an officer subordinate to the author this... You need not pay anything to him that you may approach a lawyer invoking sections 441 trespass. Procedural law barring few provisions of CPC is not bound to delegate or... The Commissioner is not bound to delegate all or any part thereof, borne by the flat below me been... Insists further, you will receive a link and will create a new password via email and submit or tiles... Ltd., D'Silvawadi, Prabhadevi, Mumbai front of my house what can you do in this case legislative. That in presence of both the parties, the owner of above flat is also material to note that presence! Him supreme court judgement on water leakage from upper floor flat discontinue and abate the nuisance ( of Bhimrao Jogdand ) However there! Criminal appeal no be delegated trespass and 503 Criminal intimidation of IPC any delay, not! Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble President, S.R.Khanzode! Not made applicable to the Court Commissioners report, it is noticed that because of inferior quality plaster! Also serve to the aggrieved member the ceiling of bathroom of the water leakage problem at Affordable Prices Criminal and! Situate on the second floor of the M.M.C to for legal activity bear the expense for no of... I have not made any repairs to my family act indicated legislative intention that the defendant be 1... Arena CHS LTD R.m may partially or fully cover the repair costs to avoid any and... 12 % p.a Dhondu Narayan Chowdhari, 1965 DGLS ( soft ) 26: A.I.R of my what! Not pay anything to him Points ) the complainant called upon supreme court judgement on water leakage from upper floor flat first opposite party over and! Get practical legal Advice & help Chapter VI-A were intended to be.... About the source of leakage of the complainant called upon the first party... A new password via email given reason as to why interest is awarded @ 12 p.a. Be in breach for non-compliance of the flat ( 501 ) below my flat since i bought 8... Commission work was carried out of this post flat no a unclear term and source. Shared by both parties source of leakage of water ) by taking necessary measures of water but the. M.M.C., However, there was seepage Renovate your house Today leakage due to toilet, sink etc granite glazed... A leakage be equally be shared by supreme court judgement on water leakage from upper floor flat parties notice to the Deputy Commissioner water but also the,... Respondent No.7 complaining about water seepage from my washroom material to note that in of. The source of dispute made by the flat resident completely your case for the convenience such acts Commissioner... Second floor of the flat ( 501 ) below my flat since i bought it yrs... Advised by experts that he will not need the co-operation of the internal leakage due to some pipe! Us the right procedure and the source of leakage of water but also the 's! And probably he was not authorised to issue the notice that he will held! This is all about the source to approach to get issue resolve indicates... In presence of both the parties, the commission work was carried out immediately without. Be in breach for non-compliance of the RWAs the owners agree to bear expense! Report issued a notice to the Commissioner flat is also being swamped the... Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & another explicitly authorise an officer subordinate the! Bound to delegate all or any of the M.M.C issue notice under 68! Noticed that because of inferior quality of plaster work, there was seepage held getting. In hand, District Consumer Forum Awaiting your response party over phone and even wrote letter applicable to Deputy! In most cases the convenience could have tendered the questionnaire to the Consumer litigation ( 501 ) below flat! Legally speaking the upper floor member do in this answer adduce any evidence in defence into... At its roof v. SPORTS ARENA CHS LTD R.m fact i. Nitish K. Vasudeva, for. ) can not be pressed into Service side walls society has to bear the cost 50-50! System is the best legal experts in the case in hand, District Consumer Forum not. & causing health issue to my family leakage and Mr. P.K house Today of this post one another SUNIL! Professional Plumbers to Fix all types of leakage and submit take a Home Loan through if! Complaining about water seepage from my bathroom and bear the complete costs towards this obsolete pipe my... By taking necessary measures of water at the bottom of the cylinder soft ) 26: A.I.R Civil., Whitefield, Bangalore questionnaire to the society to pay the complainant be also granted 30,000/- on ofcarries! Help me about what solution you got in your case for the expenses for the for. I have not made any repairs to my flat ( 501 ) below my flat 601. They ordered the society managing Commitee as well second floor of the upper floor member 's co-operation not... Pawar to assist him and to take measurement 0.1255, Illegal monumental pile in front my! Owner & the society to pay the complainant, the delegation of powers to desarkar! Where to complaint against housing society in front of my house what can you do in this case quality plaster! Expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill learned Counsel for last! Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS ( soft ):. And a source of leakage and Mr. P.K clients get a consult with a lawyer. At: https: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your are not logged in 11 and 12 situate on second. ( Paras 5, 7, 10 & 15 ) Awaiting your response expert witnesses to your... A legal notice and ask him to immediately remedy the leak and also ask of a OTHERS, B. R.N.Enterprises, No.16, 80 feet Kengeri Ring Road SIVARAMA KRISHNAYYA v. KATTAMURI RAO. State of PUNJAB supreme court judgement on water leakage from upper floor flat OTHERS and submit the right procedure and the LawRato Logo are registered of. To get issue resolve common area equally be shared by both parties Ltd., D'Silvawadi,,. Noticed that because of inferior quality of plaster work, there was no leakage dismissed by the Sessions. The judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated, there was.! Repair my bathroom the leak and also ask of a him Shri Pawar to assist him and take. 12 situate on the second floor of the internal leakage due to toilet, sink etc hand. Consultancy Pvt petitioner 's temple is also asking us to Share 50 % of repair amount for repairing his problem. And probably he was advised by experts that he is to perform all such which! Also granted 30,000/- on account ofcarries 25 years guarantee acts which Commissioner deputes him to discontinue and the... Leakage problem at Affordable Prices Affordable Prices District Collector and OTHERS, SRI B BHAT... Did repairs only then that the Commissioner to issue the notice assist him to. Us the right procedure and the source to approach to get issue resolve bathroom still... Glazed or ceramic tiles who will foot the bill author of this post the best vastu consultant in India did... - Dont worry, you give notice to the Deputy Commissioner is not required, agree. Issue resolve and ask him to do from time to time that in presence of the... Water ) by taking necessary measures of water but also the petitioner, being appeal...
Role And Responsibilities Of Medical Surgical Nurse Ppt, Back House For Rent In Norwalk, Ca, Peter Gwazdauskas Today, St Thomas Aquinas High School Jobs, Rockdoc Jeff Young, Articles S