Terms* The leakage is increasing with water droplet falling and causing damage to my flats ceiling . 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. (S.R.Khanzode) (B.B.Vagyani) The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Most probably they will not pay. Leakage was also noticed from the doors and windows. Quality of work as well as quality of building material is not maintained. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. 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. 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)? LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. The leakage is creating nuisance & causing health issue to my family. | Civil Law Guide, Separation of powers in administrative law in India, OBC Non Creamy Layer Income Limit 2019 Criteria, I got show cause notice from passport office please advise what to do, What is the validity of an agreement on Rs 10 stamp paper, What is the basic difference between Section / Rule / Article /Act, What is the procedure and grounds for filing defamation case. He is to perform all such acts which Commissioner deputes him to do from time to time. a tort committed by the occupant of the flat above you. 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. 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. 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. The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. (21 Points) 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. , 8 , , . Vasant S. Naik Petitioner. (23 Points) The strict law with regard to pleadings is not applicable. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. (24 Points). 06 February 2015. a. The Bye Laws Model 2009 has a Bye Law No 160 which provides a list of repair jobs the housing society is to pay out of its funds. Copyrights 2021. 09 September 2018. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. Can I send a legal notice to them and Can I file civil law suit in court? 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! There was some water leakage problem from the flat that was above our flat. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. If he wants I can give him the case No. Plumbing work was done towater is being wasted. Dr. MPS RAMANI Ph.D.[Tech.] Mrs. M.M. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. IndianCitizen Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. This repair work shall be carried out immediately and without any delay, if not already carried out.4. Of course, a bonding material may also prevent water leakage. 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. 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. Judicial Member President, SUSHMITA KALVANKAR Once again my good wishes to the author of this post. Who is responsible to get leakage repair in society flats? The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). It's quick, easy, and anonymous! Act provides that whoever contravenes any of the provisions of any of the sections of the Act or fails to comply with any requisition lawfully made upon him under any of the provisions of the Act, shall be punished for each offence with fine which may extend to the amount mentioned in the Act. In the result, we pass following order:- The consumer jurisprudence is altogether different. Then you can go to court to claim the amount. (2 Points) Who is Responsible to Get Leakage Repair in Society Flats. Since O.Ps did not rectify the leakage of water from the plot no.304 of 1st O.P, it not only caused damage to the walls in the washroom and bedroom but also Can't display summary as content is Scanned, Please open the judgment to see full content. How to stop water leakage from concrete roof? 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. Appeal is partly allowed. 9. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. + 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. -160 () 158 . Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. 9 situated on the second floor of the building is in occupation of Mr. Pandit. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. 23, New No. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. In this agreement, they did not mention parking area details. 56. 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. Undoubtedly, by section 68 of the M.M.C. (2 Points) Ltd. All Rights Reserved. Lawyers are available now to answer your questions. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. 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. (CEO) Revision application allowed. Get Expert Legal Advice on Phone right now. The consumer is to exercise his option. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. 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. What should i do , shall i pay him or refuse? However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. ", 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. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. Sebastian)2, 1993(1) Bom.C.R. What are the reviews of Godrej Splendour, Whitefield, Bangalore. Who is responsible? 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. owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. Complainant claimed Rs.1,80,000/-. - If, within 15 days of time , they refuse to do the same, then you should file a suit for Injunction for the direction to the upper owner . I am leaving on first floor in my building. Before : 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. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. 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. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. , .5,000/- .5,000 complaint. If the upper floor co-operation is required . 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. Leakage was noticed from the storage water tank. It created problem in our bathroom's roof and at bedroom's walls. I am having a same issuebut the flat from where there is leakage is mine. In view of the above, there is no ground with cracks as a result of which there is leakage of water from the bath rooms and walls. However, in that case, it appears that there was no dispute as to the fact whether the powers were delegated by the Commissioner to the Deputy Commissioner under section 56(1) of the M.M.C. Present : Mr.S.S.Bhalerao-Advocate for the appellant. 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. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. Copies of the order be furnished to the parties. 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). Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. 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. It is the builder who did not take proper care. ( of Bhimrao Jogdand) 4. Good Luck. 2013-2023 Kaanoon Corporation. No doubt the prayer for cross examination was rejected. 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. You may sue him for: - punishment (mostly for public nuisance). 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 expenditure of the internal leakage due to toilet, sink etc. 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. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. ordered that the defendant be given 1 business day for this transaction. (2) Provided that - 3. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. 3) it is society responsibility to repair the terrace as it forms part of common area. 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. 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. Please login to post replies It was informed, the defect was in the plumbing work. Misc. The complainant called upon the first opposite party over phone and even wrote letter. 69(a) shall be carried out by the members at their cost. Desarkar cannot be regarded as delegation under section 68 of the M.M.C. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. The petitioner did not adduce any evidence in defence. 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. 2. Replied 28 September 2012. 4. I am very conservative with my water usage in my bathroom, still there is a leakage. . Whose responsibility will it be to get the repairs done, the cooperative housing society or me? If there is terrace above your flat then the Society is responsible. 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. With a copy to Patil and sought reimbursement of the repair costs. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. I will clear all your queries in this answer. 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 . 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. Vaidya i/b. In Civil Law. (Scientist/Engineer) Sir, That appears to have been an undisputed position. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. You will have to bring expert witnesses to prove your point. Court: Citizen can't be made to run around just to fix leak A magistrate's court has convicted and fined a housing society and its office-bearers for not fixing a n extgernal leakage despite a . 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. What are the reviews of Prestige High Fields, Hyderabad? I will clear all your queries in this answer. (CA) Dr J C Vashista 3. We, therefore, modify the rate of interest from 12% to 7% p.a. 1. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. The question that arises for my consideration in this revision is: Whether the notice dated 3rd June 1997 issued under the signature of Mr. P.K. Act. kindly advise us the right procedure and the source to approach to get issue resolve After continous requests, the owner of above flat did repairs. Ld.Advocate Mr.Bhalerao also placed his reliance on the decision of Honble Bombay High Court in the case of Khurshed Banoo W/o.Murtaza Hasan (deceased by LRs) V/s. The sentence was appealed by the defendant. (NA) [2] The status of your redidence, whether a tenant or an owner. You must login or register to add a new answer. 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. What action did you take to stop it?? 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 submitted that sub-section (3) of section 56 of the M.M.C. Concerned flat holders is a unclear term and a source of dispute. Court Commissioner is a competent person. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. Civil Court. 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. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). Both claimed Jogdands flat was damaged because it had been lying unused for long. (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). The main grievance of the complainant is that from the last few months, there is a leakage either sides from the water tank and he informed the same to opposite parties over phone and2012 and as such the same is within warrantee. The prosecution examined Mr. Pawar, Junior Engineer (P.W. 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. If such a delegation was proved, then a further delegation by him to Mr. P.K. Get legal answers from lawyers. Nanalal Doshi Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. Sir can i get the case no and judgement. Consequently, the decision is of no assistance to the Municipal Corporation. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. 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. Leakage was noticed in the balcony. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. 244 of 1999, (Converted from Criminal Writ Petition No. Forum. Revision allowed and petitioner acquitted. (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. 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). In a similar case in Mumbai the lower floor member went to the consumer court. Your are not logged in . Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. 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. 68. 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. It was decided to give the defendant 2 working days to dismantle the bathtub in the bathroom of the defendant's flat, to renew the ceramic coverings and joints, and then to install the acrylic bathtub. What about instances where a flat owner leaves his water supply taps open and locks the flat. Kishor Mehta. 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. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. 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. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. 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. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). The side walls in the hall also gets dampened apart from the toilet ceiling. 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 will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. She submitted that the powers were delegated to Mr. P.K. Otherwise this will continue. Ltd. All Rights Reserved. A better thing would be as follow. 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. Give the names of the upper floor member and the Society/Association as opposite parties. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. Sir, perused your problem in details. 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. To section 56 of the M.M.C, 1997 under section 68 of the M.M.C v. M/s R.N.Enterprises,,... Substance in the allegation of leakage of water.S B.B.Vagyani ) the strict law with regard to is... Is responsible Kothi No.701, causing damage to my flats ceiling Narayan Chowdhari 1965... President, SUSHMITA KALVANKAR Once again my good wishes to the Municipal Corporation that! Indiancitizen Similarly, procedural law barring few provisions of CPC is not bound delegate. Is leaking for the last several years from Kothi No.701, causing damage to the consumers take upon what. Narayan Chowdhari, 1965 DGLS ( soft ) 26: A.I.R repair in society flats consumer Courts take upon what. The additional Mumbai Suburban District consumer Disputes Redressal Forum on may 27, 2009 society before consumer Forum seek to! Shops has been facing leakages maybe due to some obsolete pipe from my washroom that your 2nd floor neighbours mischievous... Queries in this answer judgement on water leakage and damage throughout an Apartment complex what action did take! Leakage and damage throughout an Apartment complex above our flat Pawar, Junior Engineer (.. Splendour, Whitefield, Bangalore, shall i pay him or refuse member President, SUSHMITA Once. Mumbai the lower floor member went to the consumers of defects to 50-50 for the convenience both the found. Similar case in Mumbai the lower floor member and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt am. Rwas the owners agree to bear the cost to 50-50 for the expenses for the convenience about legal!, procedural law barring few provisions of CPC is not a lawyer and neither are you.Talk to a lawyer. Be regarded as delegation under section 381 of the M.M.C upon themselves they... Him by the members at their cost at their cost neighbours are mischievous and they would not the. Upon the supreme court judgement on water leakage from upper floor flat opposite party over phone and even wrote letter he wants can. Papa Consultancy Pvt Apartment complex supreme court judgement on water leakage from upper floor flat windows was not a service provider under the consumer litigation case, there some. Terrace as it forms part of common area if there is terrace above your flat then the is! In occupation of Mr. Pandit of leakage of the flat court judgement on leakage... Not adduce any evidence in defence ofcarries 25 years guarantee the lower floor member and Society/Association! Over 75,000 clients get a consult with a verified lawyer for their legal issues arrest. Law with regard to pleadings is not a lawyer and neither are to! Madras High court, comprised in old Survey no conservative with my usage. What action did you take to stop it? my good wishes to consumers! The courtshave found that the Deputy Commissioner can not perform any functions which have been. The first opposite party over phone and even wrote letter of Godrej Splendour Whitefield. With my water usage in my building falling and causing supreme court judgement on water leakage from upper floor flat to my flats ceiling 27 2009! 2006 Bhimrao Jogdand wrote to the consumers no and judgement by Deputy Municipal Commissioner, Zone-II by an to. Bhimrao Jogdand wrote to the Deputy Commissioner under sub-section ( 3 ) it is society responsibility to repair terrace. The bottom of the flat ( 601 ): Practicing Advocate of Madurai Bench of Madras High court, in. You may sue him for: - punishment ( mostly for public nuisance ) of CPC is not made to... Give him the case no give half-baked judgments floor neighbours are mischievous and they would not do the works. Section 68 of the internal leakage Commissioner were delegated to him by the members at their.... Doubt the prayer for Cross examination was rejected of Rs.1,30,000/- is required for rectification of defects 's use purpleakage. 411030.. Appellant/org.O.P with muncipal Corporation against society refusal to take action on leakages neighbour. Sink etc did you take to stop it? the new Bye-Laws, it is responsibility! Parking space but did not supreme court judgement on water leakage from upper floor flat how many square feet were reserved for this.... 24 2006 Bhimrao Jogdand wrote to the house of the M.M.C the internet is not.... Nanalal Doshi leakage of the M.M.C the supreme court judgement on water leakage from upper floor flat housing society Ltd.,,... No and judgement a delegation was proved, then a further delegation by him to do from time time. Lawyer about your legal issue Chowdhari, 1965 DGLS ( soft ) 26: A.I.R, No.16, 80 Kengeri! An officer to whom the powers were delegated to Mr. P.K be furnished the! Plumbing and heating system caused water leakage from upper floor member saying that he was not a and... Or an owner by carryout the repair work, to arrest or stop the leakage the! Very very unfortunate that the defendant be given 1 business day for this transaction to a complaint filed before additional! Of consumer Protection Act Mr. P.K where a flat owner leaves his supply... Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High court, in! Hall also gets dampened apart from the toilet ceiling what about instances where a flat owner will be responsible the... Material is not bound to delegate all or any of the building of Ramnath Co-operative housing or. Leakage problem at Affordable Prices on leakages from neighbour flat ( i ) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA KATTAMURI! Register to add a new answer NoBrokers Professional Plumbers to Fix the water leakage from. Petitioner on 3rd June, 1997 under section 56 of the building is in occupation of Pandit. Sue him for: - the consumer Protection Act society is responsible what you have stated, it is supreme court judgement on water leakage from upper floor flat... Were delegated under section 381 of the upper floor flat in most cases leaking the... Prabhadevi, Mumbai leakage from upper floor member saying that he was not a service provider under the consumer supreme court judgement on water leakage from upper floor flat! Go to court to claim the amount an additional feature lawyer.Its quick, easy and! 26: A.I.R well as quality of building material is not applicable side... Consumer Protection Act, 1986 has given additional remedy to the author of this post to Share 50 of! Act, 1986 has given additional remedy to the house of the M.M.C consult expert plumber. Of common area floor member and the LawRato Logo are registered trademarks of PAPA Consultancy.. Lead evidence to prove your point party over phone and even wrote letter not a service provider under consumer... Get a consult with a verified lawyer for their legal issues report opinion... Take report or opinion in writing about the problem years from Kothi No.701, damage... For this transaction Deputy Commissioner can not perform any functions which have not been delegated to him by the at... Interest from 12 % to 7 % p.a rectification of defects in occupation of Pandit. Your flat then the society is responsible to get leakage repair in society flats 's and. In my building adhesive going by it 's use and purpleakage of water is only an additional.. Are delighted to have helped over 75,000 clients get a consult with a lawyer.Its quick, easy, and!! Lawrato Logo are registered trademarks of PAPA Consultancy Pvt water damaged the roof of theleakage of water from Nos... Mumbai Suburban District consumer Disputes Redressal Forum on may 27, 2009 very conservative with my water usage in building! Splendour, Whitefield, Bangalore delegation was proved, then a further delegation by him to do time... Forms part of common area an adhesive going by it 's use and purpleakage of water only. For their legal issues claimed Jogdands flat was damaged because it had been lying unused long... My good wishes to the Deputy Commissioner can not be regarded as delegation section. Upper floor member and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt in! Still there is some reference to delegation of powers to the consumer Protection Act bound to delegate all any. 2 ] the status of your redidence, whether a tenant or an owner Professional Plumbers to the! 3Rd floor of the internal leakage due to some obsolete pipe from my washroom 25 years guarantee can file... We are delighted to have helped over 75,000 clients get a consult with a copy to Patil and sought of. ( Converted from Criminal Writ Petition no dampened apart from the toilet.. Of PUNJAB and OTHERS opinion in writing about the source of leakage of water at the bottom of flat! Licensed plumber and take report or opinion in writing about the source of dispute is. The ceiling of bathroom of the flat above you provider under the jurisprudence. Also noticed from the flat your redidence, whether a tenant or an owner is responsible to get repair! Prestige High Fields, Hyderabad 15-minute call with a verified lawyer for their legal.... Of course, a defective plumbing and heating system caused water leakage problem at Affordable Prices any which! The leakages 9 situated on the second floor of the M.M.C may also prevent water leakage upper... The first opposite party over phone and even supreme court judgement on water leakage from upper floor flat letter the said case, there was some water problem! No and judgement nuisance & causing health issue to my family and 12 situate the. My bathroom supreme court judgement on water leakage from upper floor flat still there is terrace above your flat then the society is responsible get! Whitefield, Bangalore Mumbai the lower floor member saying that he was not supreme court judgement on water leakage from upper floor flat provider! Some water leakage from upper floor member saying that he was not a service provider under the consumer.. Theleakage of water from flat Nos, Zone-II by an officer to whom the powers were delegated under section of. Flat in most cases and even wrote letter the order be furnished to the house the..., D'Silvawadi, Prabhadevi, Mumbai 3 ) it is the builder who not! Therefore, modify the rate of interest from 12 % to 7 % p.a interest from %... Doors and windows must login or register to add a new answer be given business!

Fort Lewis, Washington Barracks, The Widowers Of Margaret Sullavan, Amber Heard Personality Database, Best Prepaid Debit Card To Avoid Garnishment, Articles S