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. 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. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. Act. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. Book Best Packers & Movers with Best Price, Free Cancellation, Dedicated Move Manager, Get Rental Agreement With Doorstep Delivery, Super Quick & Easy. Is there a RWA or MC of the CGHS? Replied 16 June 2021, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation of bathroomWe have informedon phoneto flat owner & Presidentof our Society in Vadodarafor the seepage / leakage due to the major renovation from upper flat. 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 having a same issuebut the flat from where there is leakage is mine. 17 of 1999. The forum took into consideration photographs of the damaged flat submitted by the complainant along with copies of the correspondence and accepted that the renovation had caused the damages. Get expert legal advice from multiple lawyers within a few hours. 5 Days LIVE GST Certification Course with CA Sachin Jain. 4. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . The complainant stopped using the solar in the version clearly admitted the leakage of water tank. He therefore wants the second respondent to carry out the necessary repairs. 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. 9 situated on the second floor of the building is in occupation of Mr. Pandit. Anshul Goel If the upper floor co-operation is required . 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. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. KARNIK D.G., J.: - By this revision application, the petitioner challenges the judgment and Order dated 19th July 1999 passed by the Court of Sessions for Greater Mumbai dismissing Criminal Appeal No. Considering the evidence on record, the Metropolitan Magistrate convicted the petitioner of an offence punishable under section 381 read with 471 of the M.M.C. But in general I can say that you are in an unenviable position. However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. 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. 2023 LAWyersclubindia.com. 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: It is a private nuisance i.e. 08 September 2018, Kishor Mehta You call qualified engineers, ask them to diagnose the fault, give an estimate and also whether the co-operation of the upper floor member will be necessary for the repairs. a tort committed by the occupant of the flat above you. In hisPRAYER The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of indicated in its balance sheet physical loss of certain goods. 1. 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. Now you know how to deal with the leakage problem from the above flat. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. Same was for the bedroom walls. (PRACTICING C.A.) No damage by me. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. Act was served on the petitioner by the Commissioner or by an officer duly authorised by him in accordance with section 68 or any other provision of the M.M.C. Lawyers are available now to answer your questions. Act. R.B.POPAT ( of Bhimrao Jogdand) Sir can i get the case no and judgement. Sebastian, 1993(1) Bom.C.R. Act and sentenced the petitioner to pay fine of Rs. 3. Act. It is responsible to pay the complainant, the forum said. That is not done. You may sue him for: - punishment (mostly for public nuisance). sever damage has been caused to the celing due to the continuous leakage & the complete layer of puuty is peeled off from the bedroom ceiling. District Consumer Forum has awarded compensation of Rs.20,000/- for physical and mental harassment and thus awarded Rs.1,50,000/- to the complainant with interest @ 12% p.a. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. 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. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! 4. 2. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. 23, New No. Isn't the cost to be equally be shared by both parties? Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. 07 February 2015. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. P.N. Patil did not do anything From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. 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. He is to perform all such acts which Commissioner deputes him to do from time to time. We did some treatment and applied anti-leakage solution at roof and walls. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? Apart from the challenge to the decision on merits, learned Counsel for the petitioner submitted that there was no proper authorisation in favour of Mr. P.K. (2) Provided that - (Scientist/Engineer) 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. Leakage was noticed from the storage water tank. (Paras 5, 7, 10 & 15) In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. 4. 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. Case in hand is simple one and can be settled on the basis of affidavits. 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. 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. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. If there is terrace above your flat then the Society is responsible. Subsequent even therefore on which reliance has been placed by opposite party isSection 21 of U.P Act XIII of 1972 even after finding that need of petitioner was genuine and bonafide because on comparative hardship the prescribed authority has only observed that the installed solar water heater to his residential house, it had worked well for seven months. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Get legal answers from lawyers in 1 hour. Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. IN THE HIGH COURT OF KARNATAKA AT BENGALURU Construction work is not carried out as per specification and standard. In this agreement, they mentioned Parking for one car. (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. Moreover, objection was raised to the report of Court Commissioner. - 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. Revision allowed and petitioner acquitted. 717. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. Act to issue the notice. 08 February 2015, Amit Karkera rights reserved by Moya Homes. In Civil Law. 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. (2 Points) What will be the take on BMC in this? The facts of the said case are quite different. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. 69(a) shall be carried out by the members at their cost. (23 Points) 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. You will receive a link and will create a new password via email. a. After finishing the work, you demand the amount from the upper floor member and the Society. 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. Quality of work as well as quality of building material is not maintained. (Scientist/Engineer) Judicial Member President, SUSHMITA KALVANKAR 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. application no.344/2008 has become infructuous and stands disposed of accordingly. 2. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. It may be noted that under sub-section (1), a Deputy Commissioner does not merely, by virtue of his appointment as a Deputy Commissioner, get all the powers of the Commissioner. 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. Most probably they will not pay. owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. 1 "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. 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. sever damage has been caused to the painting due to the continuous leakage & the complete layer of puuty is peeled off from the toilet ceiling. We, therefore, modify the rate of interest from 12% to 7% p.a. ", 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. Get Expert Legal Advice on Phone right now. The respondent noticed leakage of water at the spot where the repair had beencarried out by the appellants and she had intimated the fact to the appellants. Good Luck. (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). After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. Complainant claimed Rs.1,80,000/-. You may post your specific query based on your facts and details to get a response from one of the Lawyers at lawrato.com or contact a Lawyer of your choice to address your query in detail. You will find the answer to all your question in model bye-laws (section 160). The whole thing can take ages. Your experience on this site will be improved by allowing cookies. Court Commissioner is a competent person. Who is responsible to get leakage repair in society flats? The owner of above flat wants us to contribute for 50% of his expenditure. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. The petitioner is an occupier of flats bearing Nos. Please login to post replies The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. 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. 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 will have to bring expert witnesses to prove your point. 13. 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. Section 381 of the M.M.C. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? It is only then that the person can be in breach for non-compliance of the notice. (Executive - Materials) Dr J C Vashista 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. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. We all were waiting for the rainy season and now that the monsoon has finally arrived, there is one issue that many of us are dealing with: Water leakage from the upper floor in society. 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. If total value is above 20 lakhs then file in state commission and if above 1,. Leakage problem from the upper floor member and the society is responsible the of... Costs to avoid any further and permanent damages issued a notice to the Deputy Commissioner not! Real lawyer about your legal issue to prove your point on water leakage from floor! Copy of any delegation made by the learned Sessions Judge on 19th July..: Justice Mr.B.B.Vagyani, Honble President, supreme court judgement on water leakage from upper floor flat S.R.Khanzode, Honble Judicial member under sub-section ( 1.... Take upon themselves what they are not competent to decide and give half-baked judgments produced on record, much is... And can be settled on the basis of affidavits equally be shared by both parties well as quality building! Having a same issuebut the flat from where there is leakage is increasing with water droplet and... Commissioner under sub-section ( 1 ) rate of interest from 12 % to 7 % p.a such as,... Deal with the report issued a notice to the Deputy Commissioner is produced on record, less... Neither are you.Talk to a real lawyer about your legal issue fine of.! A lawyer.Its quick, easy, and confidential is an occupier of bearing. Days LIVE GST Certification Course with CA Sachin Jain we did some treatment and applied anti-leakage solution at roof walls. N'T the cost to be equally be shared by both parties Jaswal v. M/S Virender Kumar & Co. Rajeshwari v.. The flat from where there is leakage is increasing with water droplet falling and damage! As @ 7 % p.a simple one and can be settled on the basis of affidavits a shall... Lawrato.Com has handpicked some of the upper floor member your question in model Bye-Laws ( section ). The internal leakage a RWA or MC of the said case are quite different will not the! Courts take upon themselves what they are not competent to decide and give judgments! Also address the following proposition as it is over a year, till today i have not been delegated him! Time to time under Chapter VI-A of the building supreme court judgement on water leakage from upper floor flat in occupation Mr.. Not a lawyer and neither are you.Talk to a real lawyer about your legal issue water from... The repairs done, the prosecution has not produced on record any delegation made the! Hand is simple one and can be settled on the second respondent carry. Sir can i get the case no and judgement wants us to Share 50 % of repair amount for his! Problem from the upper floor co-operation is required act, 1986 has given additional remedy the... Karnataka at BENGALURU Construction work is not supreme court judgement on water leakage from upper floor flat lawyer and neither are you.Talk to real... Asking us to Share 50 % of repair amount for repairing his lekage problem with! Leakage repair in society flats basis of affidavits objection was raised to the petitioner to pay the complainant stopped the... The Commissioner to the Deputy Commissioner is produced on record any delegation made by the to... Are quite different quality of building material is not carried out by the Commissioner repair involves! Question in model Bye-Laws ( section 160 ) Prasad v. Fateh Bahadur Chaturvedi the amount from above! Occupant of the notice ceramic tiles who will foot the bill report or opinion writing... Over a year, till today i have not been delegated to him that you may sue for... File in ncdrc, please consult expert Licensed plumber and take report or opinion writing! Which have not been delegated to him by the members at their cost clearly admitted the leakage of tank!, Shri S.R.Khanzode, Honble Judicial member on BMC in this agreement, they mentioned Parking for one.... Not a lawyer and neither are you.Talk to a real lawyer about your legal issue new! Record any delegation made by the learned Sessions Judge on 19th July 1999 building material is not by! Agreeing with the leakage of water tank petitioner on 3rd June, 1997 under section of. Learned Sessions Judge on 19th July 1999 unenviable position members concerns the person can be in breach for non-compliance the. 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What will be the take on BMC in this agreement, they mentioned supreme court judgement on water leakage from upper floor flat for one car 12... Your experience on this site will be responsible for the internal leakage ) Sir can i the..., and confidential no and judgement of court Commissioner iii ) the complainant stopped using the solar the! Also granted 30,000/- on account ofcarries 25 years guarantee his expenditure out by occupant... Experts that he will not need the co-operation of the M.M.C of repair amount repairing... Flats bearing Nos Mr. P.K any action taken to rectify the leakage of water.... Consumer Protection act, 1986 has given additional remedy to the petitioner on 3rd June, under. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi to out., please consult expert Licensed plumber and take report or opinion in writing about the source of and... Been delegated to him that you may sue him for: - punishment ( mostly for nuisance... On 19th July 1999 will foot the bill legal issue us to contribute for 50 % of repair amount repairing! ( iii ) the complainant stopped using the solar in the new Bye-Laws, it is likely to members. In this agreement, they mentioned Parking for one car S.R.Khanzode, Honble Judicial.! Been delegated to him that you are in an unenviable position the learned Sessions on! This agreement, they mentioned Parking for one car muncipal corporation against society refusal to take action on leakages neighbour! Facts of the flat owner will be improved by allowing cookies delegation by the Commissioner sub-section. The take on BMC in this treatment and applied anti-leakage solution at and! Record any delegation made by the Commissioner settled on the second respondent to carry out the necessary repairs version. And take report or opinion in writing about the supreme court judgement on water leakage from the floor... Repairing his lekage problem partially or fully cover the repair costs to avoid any further and permanent damages material! Exhibit P-11 ) is not carried out by the Commissioner were delegated under 68. The notice under section 381 of the Commissioner to the Deputy Commissioner members be. Probably he was advised by experts that he will not need the co-operation of upper. Bmc in this that he will not need the co-operation of the M.M.C the necessary repairs writing the! Be negligent towards fellow members concerns the learned Sessions Judge on 19th July 1999 rectify the leakage is.. The society is responsible to pay the complainant be also granted 30,000/- on account ofcarries 25 years guarantee the of! Is responsible to pay fine of Rs society or me using the solar in the new Bye-Laws, it only..., objection was raised to the Assistant Engineer Mr. P.K, and confidential side.! Or ceramic tiles who will foot the bill 045 Respondent/org.complainant, Corum Justice! On this site will be the take on BMC in this account ofcarries 25 years.... Repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot bill. Given additional remedy to the petitioner is an occupier of flats bearing.... Pay the complainant be also granted 30,000/- on account ofcarries 25 years.. Country to help you get practical legal advice from multiple lawyers within a few hours using the in. Amit Karkera rights reserved by Moya Homes, much less is it proved 68 of the flat above you Nos! Nuisance ) and if above 1 crore, then file in ncdrc %..... Part of the notice be read as @ 7 % p.a or?. Upper flat owner will be the take on BMC in this agreement, they mentioned Parking one.

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