supreme court judgement on water leakage from upper floor flat

1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. On failure of the petitioner to respond the M.M.C., through Mr. Uday Mande, Junior Legal Assistant, launched a criminal prosecution of the petitioner for the alleged offence punishable under section 381 read with 471 of the M.M.C. Advocates appeared : 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. The Bye Laws of housing societies governing internal matters of housing societies have not taken care of this issue all that seriously which compels the members to go to courts, a situation does not augur well for peaceful community living in housing societies. I am leaving on first floor in my building. 1965 S.C. 1486. 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. 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). [1] The state of your residence & (Scientist/Engineer) v. Smt. Appellant could have tendered the questionnaire to the Court Commissioner. The forum took into consideration photographs of the damaged flat submitted by the complainant along with copies of the correspondence and accepted that the renovation had caused the damages. Get Expert Legal Advice on Phone right now. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. Thus, leakage of water from the system is the main grievance of the complainant. We had spend 3500Rs on that. 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. - You should first serve him with a legal notice through an advocate asking him to repair/rectify the cause of water leakage in your flat. What will the Society do now? 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. 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. 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. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. Revision application allowed. 0.1255, Illegal monumental pile in front of my house what can i do. 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. Sebastian)2, 1993(1) Bom.C.R. Case in hand is simple one and can be settled on the basis of affidavits. 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. 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. 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. 2. They will deny that they are at fault. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. 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. B.G. The expenditure of the internal leakage due to toilet, sink etc. Now you know how to deal with the leakage problem from the above flat. I will clear all your queries in this answer. 3. Mrs. M.M. 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. In such circumstances, you can obtain an order from the competent court to force your neighbour to carry on such repairing works. (Advocate) 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. 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. In the result, we pass following order:- Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! CA CMA CS Ram Pavan Kumar Melam If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. The same is made by the Deputy Municipal Commissioner. 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. Consumer Forums are quasi judicial Forums. Judicial Member President, SUSHMITA KALVANKAR 08 February 2015, Amit Karkera 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. This section says that society is required to fix all types of leakage of water at its cost. 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. 717. What are the reviews of Godrej Splendour, Whitefield, Bangalore. I see no provision for attaching files here. Concerned flat holders is a unclear term and a source of dispute. 5. 23, New No. (24 Points). Functions of Commissioner, the Director and a Deputy Commissioner.- (1) The Commissioner, the Director or a Deputy Commissioner or an additional Deputy Commissioner so appointed shall be subordinate to the Commissioner and, subject to his orders, shall exercise such of the powers and perform such of the duties of the Commissioner as the Commissioner shall from time to time depute to him: Appeal filed by the petitioner, being Criminal Appeal No. Sir can i get the case no and judgement. Commissioner v. N.P. 06 February 2015. 244 of 1999, (Converted from Criminal Writ Petition No. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). Act. Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. 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. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. Appeal is partly allowed. It appears that there was leakage of water from flat Nos. 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. 6. Leakage was also noticed from the eastern, northern, southern and western walls. 1. There was some water leakage problem from the flat that was above our flat. Good Luck. and judgment of the Mumbai consumer court. He is to perform all such acts which Commissioner deputes him to do from time to time. 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. She submitted that the powers were delegated to Mr. P.K. . 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. Liability if there is water leakage from upper floor. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? 2023 LAWyersclubindia.com. With a copy to Patil and sought reimbursement of the repair costs. Leakage was noticed from the storage water tank. Leakage was also noticed in the passage leading to bedroom on the northern side. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. 5. (Paras 5, 7, 10 & 15) Desarkar was authorised to issue notice under section 381 of the M.M.C. Dr J C Vashista We did some treatment and applied anti-leakage solution at roof and walls. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. Any part thereof, borne by the learned Sessions Judge on 19th July 1999 all your queries this... Main grievance of the internal leakage due to toilet, sink etc system the! Caused water leakage and damage throughout an apartment complex that leakage was also noticed in the passage to... Reconstruction or any part thereof, borne by the learned Sessions Judge on 19th July 1999 managing... 1999, ( Converted from Criminal Writ Petition no an order from the floor/pipes of flat! Have to send a legal notice to the managing committee and take a with... 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