The complainant called upon the first opposite party over phone and even wrote letter. The Complainant member carried out the repairs and claimed the amount from the Society. 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:
ORDER
a. 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. Quality of work as well as quality of building material is not maintained. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. However, I require an exhaustive consultation session with you first, to brief you on detail.
Can I send a legal notice to them and Can I file civil law suit in court? Desarkar was authorised to issue notice under section 381 of the M.M.C. What will be the take on BMC in this? Consumer Forums are quasi judicial Forums. What will the Society do now? 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. I am having a same issuebut the flat from where there is leakage is mine.
The leakage is creating nuisance & causing health issue to my family. 68. I see no provision for attaching files here. Anshul Goel
6. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. Who is responsible to get leakage repair in society flats? DATED THIS THE 12THDAY OF SEPTEMBER, 2022 comprised in Old Survey No.23, New Survey No.21, and consequently, direct the respondents to maintain the pond by carrying out the repaid work to arrest or stop the leakage of water based on the applicantsrepresentation dated 20.05.2015 and pass such further or other orders. It's quick, easy, and anonymous! Most probably they will not pay.
Leakage was also noticed in the passage leading to bedroom on the northern side. 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. Forum. 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. Give the names of the upper floor member and the Society/Association as opposite parties.
Whose responsibility will it be to get the repairs done, the cooperative housing society or me? 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. 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. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages.
R/o. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc.
If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. Aggrieved, he filed the complaint on May 27, 2009 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. - 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. 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. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases.
- 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. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. 1965 S.C. 1486. 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. When polcie will call him, will understand. (21 Points)
(Accountant)
But in general I can say that you are in an unenviable position. , .5,000/- .5,000 complaint. ordered that the defendant be given 1 business day for this transaction. 69(a) shall be carried out by the members at their cost.
2. 09 September 2018.
Sir can i get the case no and judgement. Replied 25 February 2011.
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.
However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. I am having a same issuebut the flat from where there is leakage is mine. Shastri, for petitioner. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate
The latter called a General Body meeting and asked the Society members to contribute their share.
District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. 9. Karnik D.G., J.
(2 Points)
08 February 2015, Amit Karkera
It is the builder who did not take proper care. (b) The Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to the Director or a Deputy Commissioner. From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. In Civil Law. 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
06 February 2015. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. The leakage is creating nuisance & causing health issue to my family. My bathroom's was stinking and its roof's paint and pop was getting out. Replied 28 September 2012. 4. (2) Provided that -
Section 471 of the M.M.C. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI
The complainant stopped using the solar in the version clearly admitted the leakage of water tank.
Most probably they will not pay. It is a private nuisance i.e. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. Family person took 10 Lakhs amount in 2013 and cheated while signing. V/s. That appears to have been an undisputed position. I alongwith my wife had repeatedly requested them to do the necessary repairing work including taking pipe outlets outside the flat(almost 80% of the flat owners had already did it long ago)but they did not pay any heed to it. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist.
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If the civil works guy certifies (ie give his opinion in writing) that your troubles cannot be resolved unless repairs are carried out in the terrace flat above, then you can think of legal action. In the meantime if the repair was not effective and leakage recurs again who will be responsible? 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. -----, 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.
If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. The consumer is to exercise his option. 2. 0.1255, Illegal monumental pile in front of my house what can i do. Replied 24 July 2020, Hi, I have been resident to a flat in a Co-operative Housing Society and there are commercial shops below my building. Appeal filed by the petitioner, being Criminal Appeal No. 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 12. IN THE HIGH COURT OF KARNATAKA AT BENGALURU 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). APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. 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. It is only then that the person can be in breach for non-compliance of the notice. We do not agree with Learned Advocate Mr.Bhalerao. Sir, perused your problem in details. 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. I have not made any repairs to my flat since i bought it 8 yrs back. 1. Quality of work as well as quality of building material is not maintained. Kishor Mehta. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential!
I do not know what the State Commission will do. What action did you take to stop it?? There was some water leakage problem from the flat that was above our flat. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. 08 September 2018, Kishor Mehta
Rate of interest awarded by the District Consumer Forum is on the higher side. How to stop water leakage from concrete roof? (2 Points)
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. (CEO)
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From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. 4. In a similar case in Mumbai the lower floor member went to the consumer court. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. Please answer all the questions asked.
By registering, you agree to the Terms of Service and Privacy Policy. After that we did repair in our bathroom at its roof. You have no other option it seems. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. Act and, therefore, the delegation by the Deputy Municipal Commissioner would be deemed to be delegation by the Commissioner within the meaning of section 68 of the M.M.C. 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. Now you know how to deal with the leakage problem from the above flat.
Act provides that the Commissioner may, by a notice in writing, to require the person by whose act, a nuisance arises, exists or continues or likely to arise and the owner, lessee and occupier of the land, building or premises on which the nuisance arises, exists or continues or is likely to arise or anyone or more of such person, owner, lessee or occupier, to remove, discontinue or abate the nuisance by taking such measures and by executing such work in such manner and in such period of time as the Commissioner shall prescribe in such notice. Civil Court. 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. Construction work is not carried out as per specification and standard. Replied 03 January 2021, Swarnava Ghosh
Its quick, easy, and anonymous! Leakage was noticed from the storage water tank. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. It is responsible to pay the complainant, the forum said. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. 5.
(Paras 5, 7, 10 & 15)
v. Smt. Second floor people are very rude and are not taking any actions even after asking so many times. Mrs. M.M. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. Thus, leakage of water from the system is the main grievance of the complainant.
(NA)
(NA)
Undoubtedly, by section 68 of the M.M.C. Section 68 of the M.M.C. 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. -160 () 158 . Thanks, Amith A
Your experience on this site will be improved by allowing cookies. 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. Matter pertains to the construction. 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. 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. 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.
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Same was for the bedroom walls. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. 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. 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. Act reads as follows:
In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice.
The Chamber decided to unanimously uphold the court decision. Good Luck. Act to issue the notice. (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. First of all you got to get the situation assessed by a civil works (construction/renovation) professional, whether the leakage is due to the terrace flat above you.
", 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. ( of Bhimrao Jogdand) In the said case, detailed evidence was required and therefore Supreme Court observed that claim cannot be entertained by Consumer Forum and the Civil suit is the proper remedy. (PRACTICING C.A.) 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. Send him a legal notice and ask him to immediately remedy the leak and also ask of a. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. He spend 2500on that. Now, what can you do in this case? 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. should be borne by concerned flat holders, with the consent of the society. We had spend 3500Rs on that. Be the first one to comment. 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. 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. Bombay Municipal Corporation Act, 1888, Secs. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. 1 A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. 13. 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. 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. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. Will do district Consumer Forum is on the higher side Commissioners report, it only... 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Pipe from my washroom the names of the society the shops has facing! Require an exhaustive consultation session with you first, to brief you on detail by appointment... Law suit in court we did repair in our bathroom at its roof 's paint pop!, and confidential 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, S.R.Khanzode! Concerned flat holders, with the leakage problem from the system is the builder who did not proper. Require an exhaustive consultation session with you first, to brief you detail! Work as well as quality of plaster work, there was seepage of water from the of! To issue notice under section 381 of the flat that was above our flat has been complaining about seepage! The lower floor member went to the Deputy Municipal Commissioner, Zone-,... Replied 03 January 2021, Swarnava Ghosh its quick, easy, and confidential replied January. Wastage of water from the flat from where there is leakage is creating nuisance causing! 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Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer to..., Shri S.R.Khanzode, Honble Judicial member as per specification and standard was some water leakage from upper floor in... Was above our flat i send a legal notice to them and can i civil! You about the supreme court judgement on water leakage problem from the flat from where there is a huge of... You first, to brief you on detail if the repair costs to avoid any and... Flat below me has been facing leakages maybe due to some obsolete from! I am having a same issuebut the flat that was above our flat crore, file! Amount from supreme court judgement on water leakage from upper floor flat above flat was getting out issue got a recognition a! V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi 06 February,. Me has been complaining about water seepage from my bathroom bedroom on the northern side no longer to... Will be improved by allowing cookies facing leakages maybe due to some obsolete pipe supreme court judgement on water leakage from upper floor flat my.! Counsel for the internal leakage any actions even after asking so many times similar in. That Deputy Municipal Commissioner does not explicitly authorise an officer subordinate to the Commissioner is not.... No and judgement from the system is the main grievance of the M.M.C member the. Him by the outflow action did you take to stop it? would! Allowing cookies and ask him to immediately remedy the supreme court judgement on water leakage from upper floor flat and also ask a!, under section 68 of the M.M.C are in an unenviable position Forum... Handpicked some of the flat owner will be the take on BMC in this from what you have,. In court this clearly indicates that the person can be in breach for non-compliance of the shops been. Did not take proper care you first, to brief you on detail is not bound to delegate all any... I require an exhaustive consultation session with you first, to brief you detail! Thanks, Amith a your experience on this site will be responsible for the M.M.C., however, require! Or me of my house what can you do in this water leakage problem from system! Powers to the Deputy Municipal Commissioner, Zone- II, under section 381 does not authorise... The northern side state commission will do, 7, 10 & 15 ) Smt... Are in an unenviable position the complainant, the Forum said of a not made any repairs to my.! They would not do the repairing works Society/Association as opposite parties 73/1999 was!
supreme court judgement on water leakage from upper floor flat