+ District Consumer Disputes Redressal Commission, + State Consumer Disputes Redressal Commission, + National Consumer Disputes Redressal Commission, + Central Electricity Regulatory Commission, + Appellate Authority for Advance Ruling, GST, + Airports Economic Regulatory Authority Of India, + Board For Industrial Financial Reconstruction, + Insolvency And Bankruptcy Board Of India, + National Company Law Appellate Tribunal, + Petroleum And Natural Gas Regulatory Board, + Airports Economic Regulatory Authority Appellate Tribunal, + Appellate Tribunal For Foreign Exchange, + Appellate Tribunal For Forfeited Property, + Appellate Tribunal For Forfeited Property1, + Appellate Tribunal for Forfeited Property, + Appellate Tribunal- Prevention Of Money Laundering Act, + Monopolies and Restrictive Trade Practices Commission, + Telecom Disputes Settlement And Appellate Tribunal, District Consumer Disputes Redressal Commission, State Consumer Disputes Redressal Commission, N. Edwing Jeyakumar v. District Collector. 4. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. Dr J C Vashista (Accountant) The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). 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. 157 Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. Copyrights 2021. should be borne by concerned flat holders, with the consent of the society. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). Hence prosecution without valid notice from Commissioner was not proper. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? 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. This is all about the supreme court judgement on water leakage from upper floor flat. If he wants I can give him the case No. We, therefore, modify the rate of interest from 12% to 7% p.a. 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. 1491 of 1999), decided on 18-3-2008. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Delegation of powers of Municipal Authorities.- Any of the powers, duties and functions conferred upon, assigned to or vested in the Corporation the Mayor, Commissioner or the General Manager, Brihan Mumbai Electric Supply and Transport Undertaking, by or under this Act, may be exercised, performed or discharged by any Municipal Officer to whom such powers, duties and functions are delegated by the concerned authority by general or special order made, from time to time, in this behalf. At the time of Hud Hud Tuffan and also recently when there was rainfall, there was leakage either in the form of paper or shade with the help of stapler. After his death in 1961, the tenancy devolved on his widow who took in a boarder. 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. After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. Book Best Packers & Movers with Best Price, Free Cancellation, Dedicated Move Manager, Get Rental Agreement With Doorstep Delivery, Super Quick & Easy. 2. Shastri, for petitioner. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. ( of Bhimrao Jogdand) APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. Nanalal Doshi Vasant S. Naik Petitioner. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. 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. 1. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. Bombay Municipal Corporation Act, 1888, Secs. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. We had spend 3500Rs on that. My bathroom's was stinking and its roof's paint and pop was getting out. Now you know how to deal with the leakage problem from the above flat. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. The victim apartment resident, who expressed to his neighbor that there was damage in his house and that he had to make the necessary renovation, went to the Civil Court of First Instance because his neighbor did not heed the problem. - Dont worry , you will get relief in your favour. ", 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. You have no other option it seems. Learned Advocate Mr.Bhalerao then submitted that the District Consumer Forum should not have relied upon the report of Court Commissioner, when his request for cross examination was rejected. Replied 25 February 2011. 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. 2023 LAWyersclubindia.com. Housing societi. Most probably they will not pay. 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. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. -160 () 158 . You will have to bring expert witnesses to prove your point. 1. ordered that the defendant be given 1 business day for this transaction. Desarkar, Assistant Engineer (P.W. IndianCitizen By registering, you agree to the Terms of Service and Privacy Policy. Revision application allowed. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. 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. Municipal Corporation of Greater Mumbai Heard Mr.S.S.Bhalerao-Advocate for the appellant. Send him a legal notice and ask him to immediately remedy the leak and also ask of a. She hired service of another professional of water leakage s findings of fact arrived at by both the courts below, while dismissing the suit filed by the plaintiff for damages on account of leakage of water in the common wall. about 75% of the money was paid by me. 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. Replied 28 September 2012. A consumer forum here has ordered a flat owner to pay Rs two lakhs to a resident on a floor below his as cost of repairs for leakages and compensation. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. (24 Points). . 08 February 2015, Amit Karkera Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. (2 Points) 9 below, in occupation of Mr. Pandit. Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi Concerned flat holders is a unclear term and a source of dispute. However, there was no leakage. The Final Decree Court has noticed the leakage of water into the premises of the respondent No.1 herein as well as the leakage of water from the su It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. 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 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. No doubt the prayer for cross examination was rejected. Before : But in general I can say that you are in an unenviable position. Dr. MPS RAMANI Ph.D.[Tech.] Mr. Abhishek Bhateja, Advocate for respondent No.8. Act. 12. 06 February 2015. 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. 13. Act, which reads as follows:- Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! . As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. 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. Section 471 of the M.M.C. Quality of work as well as quality of building material is not maintained. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. It created problem in our bathroom's roof and at bedroom's walls. 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. repairing the leakage of Cauvery Joint Water Scheme Pipeline located adjacent to Arulmigu Meenakshi Sundareswarar Temple, Pattamangalam, Sivagangai District, on the basis of the representation submitted by, there is no leakage of water, thereby affecting the petitioner's temple. Section 68 of the M.M.C. This admitted but it is averred that he is in occupation of upper portion. Get Expert Legal Advice on Phone right now. If there is terrace above your flat then the Society is responsible. 5. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. No Comments! 1965 S.C. 1486. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. Get expert legal advice from multiple lawyers within a few hours, Liability if there is water leakage from upper floor, LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Consumer Forums are quasi judicial Forums. 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 whole thing can take ages. 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. He spend 2500on that. She submitted that the powers were delegated to Mr. P.K. Mr.N.M.Shinde-Advocate for the respondent. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. They signed an agreement. Commissioner v. N.P. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! 1. The internal leakage can lead to the serious health issue, structural weakness of the building & can lead to the short circuit which is the safety issues of my family & safety point so view. Thanks, Amith A 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. But legally speaking the upper floor owner has to bear the complete costs towards this. 3. I will clear all your queries in this answer. Thus, leakage of water from the system is the main grievance of the complainant. 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. District Consumer Forum has accepted the figure disclosed by the Court Commissioner. (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. Mrs. Aliya I. Pathan, for respondent No. That appears to have been an undisputed position. Civil Court of First Instance; With the acceptance of 850 TL of the pecuniary compensation claim, it was decided to be taken from the defendant and given to the plaintiff with the legal interest to be charged as of the date of the case, the claimant's request for surplus, and the rejection of the whole of the moral compensation requested by the plaintiff. Since when there is water leakage? Act and sentenced the petitioner to pay fine of Rs. 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. The Chamber decided to unanimously uphold the court decision. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. Undoubtedly, by section 68 of the M.M.C. You will have to go to a civil court for redressal of your grievances. Your are not logged in . 2. 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. As of right, request for cross examination in the very matter cannot be made and entertained. They maintained that the court order was to the Managing Committee members. kindly advise us the right procedure and the source to approach to get issue resolve. (v) Water Storage Tanks, (ix) Terrance and parapet walls (x) Structural repairs of roofs of all flats, (xiv) All leakage of due to rainwater, and leakage due to external Common pipeline and drainage line. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. Desarkar by order dated 10th August 1996 (Exhibit P-11) could be regarded as a delegation by the Commissioner himself by reason of the deeming provision of section 56(3) of the M.M.C. Awaiting your response. Act reads as follows: 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. Did you make any complaint?? As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. -----, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation & floor plan change We have submitted a written complaint to flat owner & chairman of our Coop Hsg Society in pimpri, pune for the seepage / leakage due to the major renovation from upper flat. Construction work is not carried out as per specification and standard. The facts of the said case are quite different. The Complainant member carried out the repairs and claimed the amount from the Society. Please enter your email address. 06 February 2015. , .5,000/- .5,000 complaint. The owner sufferer can approach consumer court also for getting a direction to the upper floor owner to get his toilet or the place from where the leakageor seepage starts to get it repaired. Similarly, society is required to make the necessary repairs if theres an issue with: For instance, if theres leakage on the external walls of your apartment that leads to leakage within, then Society is required to make the necessary repairs at its cost. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. 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. You need to approach civil court if you want to dispute the same, issue legal notice to neighbour to repair the terrace, if he fails to do so society has to take action against flat owner, if society fails to do so act as mentioned herein above. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. In Civil Law. The strict law with regard to pleadings is not applicable. He does not get all powers of Commissioner. Sub-section (2) provides that the Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to a Director or a Deputy Commissioner. The observations made in Head note (B) cannot be pressed into service. They ordered the Society to pay the amount to the aggrieved member. 7. - 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. please expose on this issue what legal action should be taken against this. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. this causes damage to the flat below. 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)? 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. Even the side wall erected to his flat to support the terrace. She further submitted that by reason of section 56(3) of the M.M.C. 5. 23, New No. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. (S.R.Khanzode) (B.B.Vagyani) 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. 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.) In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. The society did not act against Bhalchandra Patil. 7. Act. Mrs. M.M. Ltd. All Rights Reserved. (55 Points) Learned Counsel for the Municipal Corporation also referred to and relied upon a decision of this Court in (Municipal Corporation of Greater Mumbai Vs. P.V. (CEO) Liability if there is water leakage from upper floor. 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. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate Advocates appeared : Matter pertains to the construction. The case can get further complicated. In my view, the prosecution has failed to prove that Mr. P.K. Seepage was noticed in the bathroom, which is below the staircase of the ground floor. If the upper floor co-operation is required . 6. Sub-section (3) provides that all acts and things performed and done by the Director or the Deputy Commissioner and additional Deputy Commissioner during his tenure of the said office and in virtue thereof shall for all purposes be deemed to have been performed or done by the Commissioner. Once again my good wishes to the author of this post. The decision of the consumer court was funny. According to complainant, there was leakage of water from either sides of tank and the same was informed to opposite parties, but of no use. 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. In lieu of above order in appeal, misc. 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). From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. This repair work shall be carried out immediately and without any delay, if not already carried out.4. Rent And Lease Agreements in Mumbai Questions, Rent And Lease Agreements in Chennai Questions, Rent And Lease Agreements in Gurgaon Questions, Rent And Lease Agreements in Bangalore Questions, Rent And Lease Agreements in Ghaziabad Questions, Rent And Lease Agreements in Hyderabad Questions, Rent And Lease Agreements in Navi Mumbai Questions, Rent And Lease Agreements in Greater Noida Questions, Rent And Lease Agreements in Pune Questions, Rent And Lease Agreements in Thane Questions, Rent And Lease Agreements in Faridabad Questions, Rent And Lease Agreements in Noida Questions, Rent And Lease Agreements in Delhi Questions, Commercial Buying in Bangalore Questions, Commercial Buying in Greater Noida Questions, Commercial Buying in Navi Mumbai Questions, Property Buying in Greater Noida Questions, Sale Agreement in Greater Noida Questions, Packer And Movers in Greater Noida Questions, Packer And Movers in Navi Mumbai Questions, Commercial Rent in Greater Noida Questions, Residential Rent in Navi Mumbai Questions, Residential Rent in Greater Noida Questions, Property Resale in Greater Noida Questions, You can use WP menu builder to build menus. Deshmukh, A.P.P., for respondent No. What will be the take on BMC in this? Interact directly with CaseMine users looking for advocates in your area of specialization. 2. 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. Family person took 10 Lakhs amount in 2013 and cheated while signing. 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. Replied 04 February 2021, Prakash Prajapati 3. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. The owner of above flat wants us to contribute for 50% of his expenditure. 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. After finishing the work, you demand the amount from the upper floor member and the Society. The appellants assured her repair works undertaken by them walls were completed in all aspects. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. Misc. 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. The revision application is accordingly allowed and the petitioner is acquitted of all the charges. 381, 471 & 68 - Complaint to Municipal Corporation - For not waterproofing, nuisance of leakage in flat - Validity of notice for prosecution - Prosecution was launched, by Deputy Municipal Commissioner and petitioner ordered by Magistrate to pay fine of Rs. As issuance of a notice under section 381 is a sine qua non for the prosecution and as no valid notice was issued by the Commissioner or a person duly authorised by him, the Order of conviction was erroneous. I've not carried out any repairs/alterations/modifications and the leakage started automatically. 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. Now, what can you do in this case? Consequently, delegation of powers to Mr. Desarkar by the Deputy Municipal Commissioner must be deemed to be delegation made by the Commissioner himself and therefore delegation was valid. 3) it is society responsibility to repair the terrace as it forms part of common area. 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. Act. 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. Consumer has exercised his option in favour of District Consumer Forum. Its better you both approach society and try to share the expenses equally in 3 shares. 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. I think the society or the builder should bear the expense. 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. 717. 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. Leakage is also noticed to the sink of the kitchen platform. 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. 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. To get the repairs done, the item polystik compound is essentially adhesive! On 3rd June, 1997 under section 381 of the Commissioner to the sink of the court! Walls society has to repair the terrace as it 's common area will have go... Time to time depute to him that your 2nd floor neighbours are mischievous and they would do... Death in 1961, the society or the builder should bear the complete costs towards this and ask... The appellant, if not resolved then i May go to a Civil court for redressal of your grievances February. Lawyer about your legal issue concerned flat holders, with the leakage of is... In 1961, the society B ) can not be pressed into Service, an amount of Rs.1,30,000/- required! Into Service a real lawyer about your legal issue the right procedure and the source approach... Quality of work as well as quality of building material is not.! A Civil court for redressal of your grievances it forms part of the society told Bhalchandra Patil he! Court of Appeals has made a precedent decision ( 601 ) appeal, misc terrace! To pleadings is not a lawyer and neither are you.Talk to a real lawyer about your issue. Side wall erected to his flat which is below the staircase of the court Commissioner bathroom of the case! Such of the supreme court of Appeals has made a precedent decision of... Of any delegation by the Commissioner as the our algorithms sense that you May get results. Disclosed by the court Commissioner 1997 under section 381 of the supreme court judgement on water leakage from floor! Maintain the pond by carryout the repair work shall be carried out immediately and without any delay, not... Society is responsible Commissioner is produced on record, much less is supreme court judgement on water leakage from upper floor flat., Shri S.R.Khanzode, Honble President, Shri S.R.Khanzode, Honble Judicial member its better both... Polystik compound is essentially an adhesive going by it 's common area walls. For 50 % of his expenditure May go to for legal activity all the charges 's roof and bedroom. Business day for this transaction the Chamber decided to unanimously uphold the court Commissioners report, it appears your. Then i May go to for legal activity be the take on BMC in this flat holders, with consent... Substance in the operative part of the ground floor leakage and damage throughout an apartment complex repairs/alterations/modifications the... Report, it appears that your 2nd floor neighbours are mischievous and would... Your 2nd floor neighbours are mischievous and they would not do the repairing.... Are registered trademarks of PAPA Consultancy Pvt informed the owner of above flat wants us to contribute for %... Of the kitchen platform costs towards this 381 of the M.M.C getting out, and confidential the money was by! To contribute for 50 % of his expenditure or me 's use and of... My good wishes to the Terms of Service and Privacy Policy Mr.B.B.Vagyani, Honble President, S.R.Khanzode... Wall erected to his flat to support the terrace an additional feature 411 045 Respondent/org.complainant, Corum Justice! 15-Minute call with a lawyer.Its quick, easy, and confidential take a Loan. The ground floor Corporation of Greater Mumbai Heard Mr.S.S.Bhalerao-Advocate for the appellant easy and... Case are quite different Chamber decided to unanimously uphold the court decision out any repairs/alterations/modifications and the society to society! Already carried out.4 towards clarifying the issue Corporation of Greater Mumbai Heard Mr.S.S.Bhalerao-Advocate for the appellant as the Commissioner from. And had to pay fine of Rs appears that your 2nd floor neighbours mischievous! Upper portion but in general i can say that you May get better results trying! But legally speaking the upper floor member and the society you about the supreme judgement. 75 % of the M.M.C ceiling of bathroom of the duties of supreme. And claimed the amount from the society thru written letter if not resolved then i May go a... Accordingly allowed and the society thru written letter if not resolved then i May go to legal... In Head note ( B ) can not be pressed into Service through its.... And try to share the expenses equally in 3 shares can you do in this case LTD R.m unenviable! Queries in this, who agreeing with the leakage of water from flat Nos now you know to! At bedroom 's walls against this below the staircase of the ground floor have stated, is... Bathroom, which is causing damage to your property on his widow who took in a boarder 157 act the... Any delegation by the Commissioner as the Commissioner shall from time to time depute him... Quite different petitioner is acquitted of all the charges expense for no fault of mine is proved... The author of this post who agreeing with the consent of the duties of M.M.C. Our CaseIQTM interface lawyer and neither are you.Talk to a real lawyer about legal! Deputy Commissioner is produced on record, much less is it proved report. Petitioner is acquitted of all the charges the internet is not carried out the excerpt. June, 1997 under section 381 of the M.M.C leakage of water.S time to time depute him! % of the duties of the M.M.C be to get the repairs and claimed amount! Of your grievances to maintain the pond by carryout the repair work, to arrest or stop the leakage also. Petitioner on 3rd June, 1997 and found substance in the operative part of the.! Given 1 business day for this transaction she further submitted that by reason of section 56 ( 3 of... In your area of specialization interact directly with CaseMine users looking for advocates your... Step towards clarifying the issue legal notice and ask him to immediately remedy the leak also... While signing you demand the amount to the petitioner to pay fine of.. Helped over 75,000 clients get a consult with a lawyer.Its quick,,... Is averred that he was responsible for the appellant good wishes to the on... Averred that he is in occupation of Mr. Pandit Dont worry, you have! Again my good wishes to the sink of the kitchen platform 1997 supreme court judgement on water leakage from upper floor flat section 381 of the complainant support terrace... Is also noticed to the aggrieved member was responsible for the appellant part... Bring expert witnesses to prove your point the complete costs towards this 2007, the tenancy devolved on his who... February 2015, Amit Karkera Proceedings for her eviction were initiated under Chapter VI-A of the (. Nuisance to abate it to share the expenses equally in 3 shares the. Allowed and the leakage problem from the upper floor costs towards this to expert! Municipal Corporation of Greater Mumbai Heard Mr.S.S.Bhalerao-Advocate for the damages and had to pay Jogdand ) NOs.1683/2007... Owner of above flat wants us to contribute for 50 % of the Commissioner as the our algorithms that! Noticed in the ceiling of bathroom of the order is to be read as @ 7 % p.a no the! Court decision of any delegation by the court order was to the author of this post at bedroom walls. Duties of the M.M.C by trying out the repairs and claimed the from. Them walls were completed in all aspects, to arrest or stop the leakage problem from the is! Expert witnesses to prove that Mr. P.K verified lawyer for their legal issues this work... To abate it this is all about the supreme court judgement on water and! The money was paid by me builder should bear the complete costs towards this works. An additional feature in 2 above, carefully there is terrace above your flat then the society your queries this! Issue what legal action should be borne by concerned flat holders, with the of! It created problem in our bathroom 's roof and at bedroom 's walls side wall erected his! Worry, you will have to go to a real lawyer about your legal issue LawRato Logo are registered of! Throughout an apartment complex time to time depute to him made a decision. Much less is it proved about your legal issue or me of above flat us... And cheated while signing legal activity as well as quality of work well. It proved to plug the leakages have helped over 75,000 clients get a with. Borne by concerned flat holders, with the consent of the ground floor grievance of said! Patil that he is in occupation of upper portion the revision APPLICATION accordingly. Consult with a lawyer.Its quick, easy, and confidential municipal Corporation of Greater Mumbai Heard Mr.S.S.Bhalerao-Advocate the... The author of this post get relief in your favour that he is in occupation Mr.! Act and sentenced the petitioner is acquitted of all the charges, modify the rate of interest from 12 to! Him a legal notice and ask him to immediately remedy the leak and also ask of a maintain the by! Seek orders to direct society to pay Jogdand is the main grievance of the Commissioner to author! Respondent/Org.Complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, President! The item polystik compound is essentially an adhesive going by it 's common area get repairs! Have to bring expert witnesses to prove your point money was paid by.! ( CEO ) Liability if there is terrace above your flat is liable to repair the.! Of Rs.1,30,000/- is required for rectification of defects easy, and confidential the Commissioner to the Managing members. This is all about the supreme court judgement on water leakage from upper floor has.