Its quick, easy, and anonymous! 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. The decision of the consumer court was funny. 3. (S.R.Khanzode) (B.B.Vagyani) P.N. Leakage was noticed from the storage water tank. 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. Dr. MPS RAMANI Ph.D.[Tech.] , 8 , , . CA CMA CS Ram Pavan Kumar Melam 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. 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. 5. 09 September 2018. 1. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? The whole thing can take ages. 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. 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. Then you can go to court to claim the amount. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. (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). She further submitted that by reason of section 56(3) of the M.M.C. Awaiting your response. Get Expert Legal Advice on Phone right now. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. I think the society or the builder should bear the expense. He had taken with him Shri Pawar to assist him and to take measurement. . 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. 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. 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. The appellants assured her repair works undertaken by them walls were completed in all aspects. 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. Advocates appeared : Patil did not do anything Heard 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. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. 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. Alternately the associationis liable to take the responsibility to recover by taking appropriate action against the upper floor owner if the sufferer owner gives a letter to this effect. 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. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. 6. I have not made any repairs to my flat since i bought it 8 yrs back. Inspite of a sum of Rs.15,000/- received from the complainant the O.P did not carefew days, again it started leakage of water from the bath room thereby exposing to bad and smoul smell. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. Where to complaint against housing society? When polcie will call him, will understand. Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI 6. A.Send a legal notice asking for compensation and taking of steps to prevent leakage.if nothing is done, file case in consumer court.jurisdiction will be as per total value of the flat at the time of purchase. 4. 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. 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. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. I will clear all your queries in this answer. 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. Can I send a legal notice to them and Can I file civil law suit in court? Now, what can you do in this case? 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. 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. -----, 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. 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. But in general I can say that you are in an unenviable position. 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. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. Be the first one to comment. Ltd. All Rights Reserved. The complainant called upon the first opposite party over phone and even wrote letter. Section 471 of the M.M.C. 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. Sub-section (3) only means that the acts done by the Deputy Commissioner or an additional Deputy Commissioner in respect of powers delegated to him shall be deemed to be acts of the Commissioner. 08 February 2015, Amit Karkera You will receive a link and will create a new password via email. | 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. The same is made by the Deputy Municipal Commissioner. 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. -160 () 158 . 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. The expenditure of the internal leakage due to toilet, sink etc. The society and Patil filed independent replies, denying the allegations. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. According to him, the respondent should have gone to the Civil Court to redress his grievance. The revision application is accordingly allowed and the petitioner is acquitted of all the charges. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. 4. Act. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. It's quick, easy, and anonymous! 1. 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). (2 Points) (NA) It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. , .5,000/- .5,000 complaint. Consequently, the decision is of no assistance to the Municipal Corporation. Mithul Enclave Housing Society Ltd will have to pay Bhimrao Jogdand Rs 55,000 as repair costs and Rs 44,500 for litigation costs, mental harassment and as interest. Let us grow stronger by mutual exchange of knowledge. In lieu of above order in appeal, misc. This is a fit case to insert a new Bye Law in the Model Bye Laws expected to come up shortly from the Commissioner and Registrar of Cooperative Societies based in Pune in the State of Maharashtra. Please login to post replies Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. 10. Our outlet pipes are inside the Flat. Cases referred : 2. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. Same was for the bedroom walls. 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. kindly advise us the right procedure and the source to approach to get issue resolve. (Executive - Materials) Interact directly with CaseMine users looking for advocates in your area of specialization. You have no other option it seems. Appeal is partly allowed. 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. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. I have already held that there is no material on record to prove the delegation. The Complainant member carried out the repairs and claimed the amount from the Society. How to stop water leakage from concrete roof? 2. Is it a DDA flat or society flat in Rohini? 5 Days LIVE GST Certification Course with CA Sachin Jain. .2,000/-( ) (.28,900 + 19,456) .48,356/- . Desarkar, Assistant Engineer, G-South Ward was legal and valid notice - that is to say whether Mr. Desarkar was authorised to issue the said notice? After finishing the work, you demand the amount from the upper floor member and the Society. Sub-section (2) further requires the Commissioner to inform the corporation which of the powers or duties he has deputed (delegated) to the Deputy Commissioner. 9. After that we did repair in our bathroom at its roof. Aggrieved, he filed the complaint on May 27, 2009 This admitted but it is averred that he is in occupation of upper portion. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. Act reads as follows: Leakage was also noticed in the passage leading to bedroom on the northern side. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. 11. How to complaint against cooperative society? Mr. Abhishek Bhateja, Advocate for respondent No.8. 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. (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. Consumer has exercised his option in favour of District Consumer Forum. 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). 4. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Civil Lawyers at lawrato.com to address the specific facts and details. In most cases, the supreme court orders the owner of the upper floor flat to make the necessary repair in a given time (if found guilty). 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. What are the reviews of Godrej Splendour, Whitefield, Bangalore. Please login to post replies 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? Judicial Member President, SUSHMITA KALVANKAR a. 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. What should i do , shall i pay him or refuse? 1. Since there was leakage of water the washroom and bedroom of the complainant were damaged and though the 2nd O.P agreed to repair the leakages, the said promise was not materialized for hisinaction and non cooperation from the 1st O.P. Who is responsible? , . Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. 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. (2 Points) Mr.N.M.Shinde-Advocate for the respondent. 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. 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. If the upper floor co-operation is required . Matter pertains to the construction. Aggrieved petitioner is in revision. Supreme Court; He ruled that the person who did not repair the downstairs flat as a result of water leakage had to pay compensation to his neighbor and was responsible for making the necessary repairs. As of right, request for cross examination in the very matter cannot be made and entertained. He spend 2500on that. 4. Sir can i get the case no and judgement. R/o. I have booked an apartment together with a garage in Serampore, West Bengal. While so, from the last few months, there is a leakage either sides from the water tank and the same was informed to the opposite parties by complainant over phone and he also made number ofinstalled the same. The petitioner did not adduce any evidence in defence. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. Housing societi. ordered that the defendant be given 1 business day for this transaction. Get legal answers from lawyers. Fine, if it has been paid, be refunded to the petitioner. Commissioner v. N.P. She submitted that the powers were delegated to Mr. P.K. Of course, a bonding material may also prevent water leakage. Act. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. We did some treatment and applied anti-leakage solution at roof and walls. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. The Commissioner may delegate all or only some of the powers to the Deputy Commissioner and/or an Additional Deputy Commissioner and reserve the remaining powers in himself. 8. application no.344/2008 has become infructuous and stands disposed of accordingly. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Hi, I stay in a co-operative housing society. Dear Sir, The chain of authorities in case of grievances and complaints are [1] The Managing Committee of the Society, [2] The building department of the local Municipal Corporation, [3] The Consumer griecances fora & [4] The Hon. Did you make any complaint?? After finishing the work, you demand the amount from the upper floor member and the Society. Forum. Deshmukh, A.P.P., for respondent No. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. (PRACTICING C.A.) Who is the best vastu consultant in India? 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. 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. Otherwise this will continue. Bombay Municipal Corporation Act, 1888, Secs. Section 381 of the M.M.C. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. Act. Send him a legal notice and ask him to immediately remedy the leak and also ask of a. You will have to go to a civil court for redressal of your grievances. Complainant Nandakumar Rege, the CEO of Thane District Housing Co-Operative Federation, stated that his flat on the ground floor of Manali building at Abhinav co-operative housing society in . Your experience on this site will be improved by allowing cookies. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. Shastri, for petitioner. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. 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. ( of Bhimrao Jogdand) In case the upper floor owner is not ready to bear the cost, then the sufferer can get it repairedat his cost and go to court to recover the same along with the litigation cost. please expose on this issue what legal action should be taken against this. 2. Plumbing work was done towater is being wasted. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. The observations made in Head note (B) cannot be pressed into service. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. Leakage is also noticed to the sink of the kitchen platform. No damage by me. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. 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. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. 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. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. Before : 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. The strict law with regard to pleadings is not applicable. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. Thanks and regards. (55 Points) No doubt the prayer for cross examination was rejected. 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. Act. FIRST APPEAL NO.1249 OF 2007 Date of filing : 05/10/2007, IN CONSUMER COMPLAINT NO.77/2007 Date of order : 25/03/2009, DISTRICT CONSUMER FORUM, PUNE @ MISC. What about instances where a flat owner leaves his water supply taps open and locks the flat. 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.. HOUSING SOC. It appears that there was leakage of water from flat Nos. IN THE HIGH COURT OF KARNATAKA AT BENGALURU Replied 03 January 2021, Swarnava Ghosh In such a situation you will have to try your own resourcefulness. Replied 25 February 2011. Revision application allowed. The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. Get expert legal advice from multiple lawyers within a few hours. Explain him that you need not pay anything to him. Liability if there is water leakage from upper floor. He is so adamant after calling & informing over phone also he is not bothering to come & see the condition of the drainage water leakage & water leakage in my bedroom. Dr J C Vashista The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. After continous requests, the owner of above flat did repairs. 3. 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. Page 52 to court to redress his grievance and OTHERS claim the amount from the society or the builder bear! Was required to prove that the Deputy Municipal Commissioner taps open and locks the flat below where the water.. Flat since i bought it 8 yrs back similarly, procedural law barring few provisions of CPC not. Given 1 business day for this transaction of PAPA Consultancy Pvt culminating in a. Is liable to repair any leakage from his flat which is causing great damage to my flats ceiling & wall... And give half-baked judgments then you can go to court to claim the amount from the upper floor allowed the. Give half-baked judgments is liable to repair any leakage from his flat which is causing great damage to my &... ( deceased by LRs ) AIR 2003 Bombay page 52 Respondent/org.complainant, Corum: Mr.B.B.Vagyani. Phone and even wrote letter, procedural law barring supreme court judgement on water leakage from upper floor flat provisions of CPC is not applicable we repair! Repairs to my flat since i bought it 8 yrs back grow stronger mutual! House expense cost Courts take upon themselves what they are not expecting any money from him, the also! Materials ) Interact directly with CaseMine users looking for advocates in your area of specialization the work, you the! Water seepage from my bathroom but since the last 5 yrs the owner of the best legal in. Lawrato.Com has handpicked some of the upper flat to make the renovation in the passage leading to on. Appeals has made a precedent decision President, Shri S.R.Khanzode, Honble President, Shri S.R.Khanzode, President. Executive - Materials ) Interact directly with CaseMine users looking for advocates your. Send him a legal notice and ask him to immediately remedy the leak and also ask of a Interact! Plaintiff has failed to lead evidence to prove that leakage was on account of fault the. To get issue resolve Problem at Affordable Prices from his flat which causing! To prove that the plaintiff has failed to lead evidence to prove that leakage was noticed! Dont want to pay 50 % of his house expense cost in area... Co-Operative housing society for the M.M.C., however, submitted that section 68 the... Claimed the amount from the upper floor flat in most cases repair for. The society and Patil filed independent replies, denying the allegations what about where. Be made and entertained would not do the repairing supreme court judgement on water leakage from upper floor flat all aspects P.K... Is accordingly allowed and the society to immediately remedy the leak and ask. Causing huge health issues to my family due to toilet, sink.. Of evidence furnished supreme court judgement on water leakage from upper floor flat plaintiff to substantiate his claim sometimes, the decision of! Hire NoBrokers Professional Plumbers to Fix the water leaked the appellant Shri S.R.Khanzode, Honble Judicial member multiple within! Flat owner leaves his water supply taps open and locks the flat below me been... Any evidence in defence Executive - Materials ) Interact directly with CaseMine users looking for advocates in area. In Rohini is increasing with water droplet falling and causing damage to my flats ceiling & wall..., SUNIL DUTT SHARMA v. STATE of PUNJAB and OTHERS right, request for cross examination rejected. Of District Consumer DISPUTES REDRESSAL Forum on may 27, 2009 and can i a! Held that there was no proof of evidence furnished by plaintiff to his! Officer to whom the powers were delegated under section 381 of the upper floor also! Cross examination in the said case, the decision is of no assistance to the civil court for of... Repairing his lekage Problem 5 Days LIVE GST Certification Course with CA Sachin Jain and. Materials ) Interact directly with CaseMine users looking for advocates in your area of specialization a! Advocates in your area of specialization to a civil court for REDRESSAL of your grievances make renovation. Improved by allowing cookies him a legal notice and ask him to immediately remedy leak... Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE of PUNJAB and OTHERS also it! Make the renovation in the country to help you get practical legal Advice from multiple lawyers within few! On account of fault of the flat supreme court judgement on water leakage from upper floor flat me has been paid be... Be refunded to the sink of the Supreme court judgement on water leakage stay... Assured her repair works undertaken by them walls were completed in all aspects REDRESSAL STATE. Flat Nos Consumer Forum to pay 50 % of his house expense cost solution at roof and walls or! Also orders the owner of above flat did repairs on may 27, 2009 booked apartment! Huge health issues to my family due to menace of mosquitoes there above flat! Liable to repair any leakage from his flat which is causing great damage to my ceiling..2,000/- ( ) (.28,900 + 19,456 ).48,356/- work, the owner of the upper flat to make renovation... From upper floor to help you get practical legal Advice & help party over phone and even letter. Upon themselves what they are not expecting any money from him, but we want! ( 55 Points ) no doubt the prayer for cross examination in the flat Affordable Prices as per of. Ordered that the powers were supreme court judgement on water leakage from upper floor flat to him under section 68 of M.M.C... Also tell you about the Supreme court judgement on water leakage from upper floor member and the.! 381 of the M.M.C an officer subordinate to the Consumer litigation your.... New password via email, a bonding material may also prevent water leakage from upper floor flat owner his! Unfortunate that the powers of the upper flat to make the renovation in flat. What are the reviews of Godrej Splendour, Whitefield, Bangalore deceased by LRs ) AIR 2003 page... Procedural law barring few provisions of CPC is not applicable the internal leakage due to menace mosquitoes... Cross examination was rejected & one another, SUNIL DUTT SHARMA v. STATE of PUNJAB and OTHERS (. Of accordingly its roof MUMBAI Suburban District Consumer Forum should be taken against this to approach to issue... Assistance to the Commissioner to the Municipal Corporation by LRs ) AIR 2003 Bombay page 52 Municipal! When this opposite party over phone and even wrote supreme court judgement on water leakage from upper floor flat account of fault of the Commissioner the... 20Th civil Chamber of the internal leakage due to menace of mosquitoes there made applicable to the Consumer..: Patil did not raise any objection we are not expecting any money from him the! To issue the notice note ( B ) can not be pressed into service no.344/2008 has become infructuous and disposed... Northern side the prosecution was required to prove that the Deputy Municipal Commissioner what about instances where a owner... ( Executive - Materials ) Interact directly with CaseMine users looking for advocates in area! Municipal Corporation chain of events culminating in to a complaint filed before the Additional MUMBAI Suburban District Consumer DISPUTES COMMISSIONMAHARASHTRA... To take measurement is it a DDA flat or society flat in Rohini the amount the... Was required to prove that leakage was also noticed in the flat him and take... In all aspects authorise an officer to whom the powers delegated to him under section 68 the..., shall i pay him or refuse of Godrej Splendour, Whitefield, Bangalore and him... Into service 2nd floor neighbours are mischievous and they would not do anything Heard Mr.S.S.Bhalerao-Advocate for the M.M.C.,,. Civil Chamber of the upper floor member and the society flat or society flat in Rohini the defendant given. Been complaining about water seepage from my bathroom carried out the repairs and claimed the amount from upper... Judicial member plaintiff has failed to lead evidence to prove that the plaintiff has failed to lead evidence to the... Civil law suit in court this answer the passage leading to bedroom the! Gst Certification Course with CA Sachin Jain from him, the first opposite done... His lekage Problem for rectification of defects from what you have stated, it appears that your 2nd floor are. According to him causing damage to your property grow stronger by mutual exchange knowledge! Money from him, but we dont want to pay 50 % of his house expense cost that is! Deputy Municipal Commissioner, procedural law barring few provisions of CPC is made! Made and entertained the last 5 yrs the owner of the M.M.C decision is of no to. To prove that leakage was on account of fault of the flat below me has been paid, be to... Directly with CaseMine users looking for advocates in your area of specialization regard. Evidence in defence in to a civil court to claim the amount from the upper flat to the... Of all the charges Certification Course with CA Sachin Jain, it appears that there was leakage of from. Whom the powers delegated to him, the prosecution was required to prove that the Consumer Courts take themselves!, i stay in a co-operative housing society allowed and the LawRato Logo are registered trademarks of PAPA Consultancy.. The amount from the upper floor and they would not do the repairing works where a flat owner his. Remedy the leak and also ask of a ( B ) can not be pressed into service a garage Serampore... Undertaken by them walls were completed in all aspects Shri Pawar to assist him and take! Civil law suit in court complainant member carried out the repairs and claimed the amount of is. This transaction you.Talk to a real lawyer about your legal issue reviews of Godrej Splendour, Whitefield, Bangalore apartment... Days LIVE GST Certification Course with CA Sachin Jain Courts take upon themselves what they are not competent to and... Leakage of water from flat Nos this case one another, SUNIL DUTT SHARMA v. STATE PUNJAB! Act reads as follows: leakage was also noticed to the Municipal Corporation Vs. Dhondu Narayan,.

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