73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. CA CMA CS Ram Pavan Kumar Melam In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. 8. Explain him that you need not pay anything to him. Municipal Corporation of Greater Mumbai But legally speaking the upper floor owner has to bear the complete costs towards this. Give the names of the upper floor member and the Society/Association as opposite parties. Who is responsible? He spend 2500on that. I am having a same issuebut the flat from where there is leakage is mine. (Paras 5, 7, 10 & 15) I will clear all your queries in this answer. 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. Revision application allowed. We did some treatment and applied anti-leakage solution at roof and walls. - 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 . 10. 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. With a copy to Patil and sought reimbursement of the repair costs. 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. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. Leakage is also noticed to the sink of the kitchen platform. Act. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. I have not made any repairs to my flat since i bought it 8 yrs back. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. If the civil works guy certifies (ie give his opinion in writing) that your troubles cannot be resolved unless repairs are carried out in the terrace flat above, then you can think of legal action. Sub-section 2-A also provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner are appointed, the Commissioner may prescribe the respective spheres of operation of them meaning thereby he may delegate some powers to the Deputy Commissioner and some powers to the additional Deputy Commissioner or additional Deputy Commissioners and he may retain some powers to himself without delegating them to the Deputy Commissioner or an additional Deputy Commissioner. Send a legal notice, review a legal document, etc. If he wants I can give him the case No. 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. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. 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 Property Lawyers at lawrato.com to address the specific facts and details. ordered that the defendant be given 1 business day for this transaction. Heard Mr.S.S.Bhalerao-Advocate for the appellant. (NA) 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. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. - Dont worry , you will get relief in your favour. 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. 23, New No. Act. 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)? Most probably they will not pay. 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. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. Click here to Login / Register, 5 Days Practical Workshop on ITR U (Updated Return), India's largest network for finance professionals, 2009(1) Bom.C.R.(Cri.) Repair of leakages from bathroom. R/o. Seepage was noticed in the bathroom, which is below the staircase of the ground floor. + 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. 9. Fine, if it has been paid, be refunded to the petitioner. Commissioner v. N.P. Th AS PER SRI T.SRIRAMA MURTHY,PRESIDENT This is a complaint filed U/s-12 of C.P.Act seeking the relief to direct the O.Ps to rectify the water leakage from plot No.304 to the washroom and bedroom of theavail. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat, 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages, 3) it is society responsibility to repair the terrace as it forms part of common area, 4) also seek litigation costs and compensation for mental torture under gone by you. In lieu of above order in appeal, misc. 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. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. Act. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. If the member or the society still does not act, then there are several district court orders (Vile Parle district court order on Prashant Trivedi v/s Bansi CHS, as reported by DNA newspaper on 22/1/2011) also in such matters of internal flat leakage. Act). Finally I had given a letter to the President/Secretary of the Association to sort out the problem.After inspection of my flat by the board members they were very sympathetic including Secretary/President and tried in many ways to sort out the problem but could not solve it till now.As per Association decision we also agreed to pay 50% of the cost but still the Upper Flat owner is not giving entry to their flat for undertaking the repai, Connect with top Civil lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. 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. 9 situated on the second floor of the building is in occupation of Mr. Pandit. , 8 , , . Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. Criminal Revision Application No. (CEO) Who is responsible to get leakage repair in society flats? (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. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. The debate on water infiltration, which opened up between the neighbors, gained a new dimension with the final decision of the 20th Legal Department of the Supreme Court. Act and, therefore, the delegation by the Deputy Municipal Commissioner would be deemed to be delegation by the Commissioner within the meaning of section 68 of the M.M.C. 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. Send him a legal notice and ask him to immediately remedy the leak and also ask of a. At the time of Hud Hud Tuffan and also recently when there was rainfall, there was leakage either in the form of paper or shade with the help of stapler. 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. 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 find the answer to all your question in model bye-laws (section 160). 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.. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. Act. 10. | 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. Leakage was noticed from the storage water tank. rights reserved by Moya Homes. The members refused to pass the resolution. Please let me know what action can I take against them. The flat below bearing No. According to the old Bye-laws, it was stipulated that the society is responsible for both the external leakage and the internal leakage of the property. 9 below, in occupation of Mr. Pandit. Then you can go to court to claim the amount. In Civil Law. Replied 03 January 2021, Swarnava Ghosh The society and Patil filed independent replies, denying the allegations. He does not get all powers of Commissioner. Act, all acts and things performed and done by a Deputy Municipal Commissioner during the tenure of his office are deemed to have been performed by the Commissioner. I do not know what the State Commission will do. 1965 S.C. 1486. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. & anr. 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. By registering, you agree to the Terms of Service and Privacy Policy. 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. 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. Nanalal Doshi It created problem in our bathroom's roof and at bedroom's walls. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. 717. Quality of work as well as quality of building material is not maintained. You will have to go to a civil court for redressal of your grievances. My bathroom's was stinking and its roof's paint and pop was getting out. 1. In my view, the prosecution has failed to prove that Mr. P.K. , . Act reads as follows: Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Consumer Forums are quasi judicial Forums. There is no doubt that since the complainant was a member of the society, he was its consumer and the society was a service provider. 1. In the result, we pass following order:- 1. After finishing the work, you demand the amount from the upper floor member and the Society. 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. 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. Act. 06 February 2015. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. The Bye Laws- Model 2013 (Proposed) as posted on the web-site of the Commissioner and Registrar of Cooperative Societies has shifted the list of repair jobs from Bye Law No 160(a) to Bye Law No 69. No doubt the prayer for cross examination was rejected. However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. 68. Section 471 of the M.M.C. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. The Chamber decided to unanimously uphold the court decision. This section says that society is required to fix all types of leakage of water at its cost. Click here to Login / Register. Section 381 of the M.M.C. As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. The owner of the apartment number 11, the upstairs neighbor, requested that his apartment was damaged due to leakages from his balcony and bathroom, he applied to the Magistrate's Court for the determination of the damages, so the sum of the damages was 1.168 TL and a thousand TL non-pecuniary compensation. 3. 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. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. 6. Be the first one to comment. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. 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. Second floor people are very rude and are not taking any actions even after asking so many times. - One copy of the same should also serve to the Society managing Commitee as well. Advocates appeared : Same was for the bedroom walls. However, I require an exhaustive consultation session with you first, to brief you on detail. The prosecution examined Mr. Pawar, Junior Engineer (P.W. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. 09 September 2018. 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. Housing societi. 06 February 2015. The consumer jurisprudence is altogether different. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Replied 04 February 2021, Prakash Prajapati 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). If such a delegation was proved, then a further delegation by him to Mr. P.K. (PRACTICING C.A.) What about instances where a flat owner leaves his water supply taps open and locks the flat. Whom to complain to? The owner of above flat wants us to contribute for 50% of his expenditure. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. 4. You may sue him for: - punishment (mostly for public nuisance). 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. I have already held that there is no material on record to prove the delegation. Isn't the cost to be equally be shared by both parties? After continous requests, the owner of above flat did repairs. Cases referred : Please inform: They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. He is to perform all such acts which Commissioner deputes him to do from time to time. Desarkar was authorised to issue notice under section 381 of the M.M.C. (55 Points) Whom to complain to? Please login to post replies Thanks, Amith A One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. Rejecting the contention, the Supreme Court held that though the quasi judicial power cannot ordinarily be delegated unless the law expressly or by clear implication permitted it, sections 105-D and 105-E of the M.M.C. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. Thanks and regards. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . 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. Let us grow stronger by mutual exchange of knowledge. 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. (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). Awaiting your response. Leakage was noticed from the storage water tank. Act. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. . Mr.N.M.Shinde-Advocate for the respondent. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. 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