I am having a same issuebut the flat from where there is leakage is mine. She submitted that the powers were delegated to Mr. P.K. Act was served on the petitioner by the Commissioner or by an officer duly authorised by him in accordance with section 68 or any other provision of the M.M.C. (2 Points) 3. District Consumer Forum has accepted the figure disclosed by the Court Commissioner. (2 Points) 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. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. Good Luck. 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. v. Smt. Our outlet pipes are inside the Flat. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. 09 September 2018. Thus, leakage of water from the system is the main grievance of the complainant. 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. 69(a) shall be carried out by the members at their cost. Replied 03 January 2021, Swarnava Ghosh Complain to police for creating nuisance and mischief. Court Commissioner is a competent person. (CEO) It appears that there was leakage of water from flat Nos. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. Pls guide, Can a non agriculturist buy a agriculture land at, Grandson's rights on grandfather's property, Can landlord stop water and electric while not get. They have gone on appeal to the State Commission. 4. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. Please login to post replies Act and sentenced the petitioner to pay fine of Rs. this causes damage to the flat below. 6. Where to complaint against housing society? 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. Section 471 of the M.M.C. This admitted but it is averred that he is in occupation of upper portion. There was some water leakage problem from the flat that was above our flat. 244 of 1999, (Converted from Criminal Writ Petition No. After continous requests, the owner of above flat did repairs. 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. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. Please answer all the questions asked. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. 06 February 2015, Anshul Goel (Job) IN THE HIGH COURT OF KARNATAKA AT BENGALURU In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. The consumer is to exercise his option. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. In a similar case in Mumbai the lower floor member went to the consumer court. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. 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. That appears to have been an undisputed position. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. Please inform: Act. & anr. 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. Revision application allowed. 09 September 2018. Act reads as follows: 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. Send a legal notice, review a legal document, etc. What action/compensation can be claimed by the flatowner of the flat below . All rights reserved. 08 February 2015, Amit Karkera 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. 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. Four rooms vacated in lower portion are stated to be unfit for living or professional use due to leakage of water and dampnesseffectively be done only by appointment of a Commissioner who may ascertain if there was leakage of water and it was damp. [2] The status of your redidence, whether a tenant or an owner. , . Is there a RWA or MC of the CGHS? Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI Bhimrao Jogdand alleged that member above his Bhalchandra Patil flat began extensive renovation inside his flat in 2006 resulting in leakages in his flat below. It is also material to note that in presence of both the parties, the commission work was carried out. 06 February 2015. should be borne by concerned flat holders, with the consent of the society. I've not carried out any repairs/alterations/modifications and the leakage started automatically. 2. 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. Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. HOUSING SOC. 300/- and in default to suffer simple imprisonment for 7 days - Appeal against it dismissed by Sessions Court - Contention that presentation without proper notice by Commissioner under section 381 was erroneous - Contra that notice was properly given by Deputy Municipal Commissioner, officer under powers delegated by Commissioner - Held, as per section 56 all acts of Deputy Municipal Commissioner/Additional Commissioner are deemed to be done by Commissioner. What should i do , shall i pay him or refuse? 2. Dear Sir, In such a situation you will have to try your own resourcefulness. supreme court decision for water leakage from neighbor. 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. P.N. Sir, 11 and 12 causing dampness in the roof and walls of flat No. 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? 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate The society did not act against Bhalchandra Patil. Kishor Mehta. (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). 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: They ordered the Society to pay the amount to the aggrieved member. 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. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. 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. 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). No damage by me. Nanalal Doshi It is the builder who did not take proper care. 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. I am having a same issuebut the flat from where there is leakage is mine. -----, 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. Civil Court. Be the first one to comment. I think the society or the builder should bear the expense. The appellants assured her repair works undertaken by them walls were completed in all aspects. , .5,000/- .5,000 complaint. I'm prepared to handle your case as your counsel (Advocate). 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. 9 below, in occupation of Mr. Pandit. A consumer forum here has ordered a flat owner to pay Rs two lakhs to a resident on a floor below his as cost of repairs for leakages and compensation. 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. 9. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. 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. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. Act the Commissioner is empowered to delegate any of his powers, duties and functions conferred upon, assigned or vested in him to any Municipal Officer by a general or special order made from time to time. Even gallons of water loss is happening due to leaking pipes of second floor every day. Cases cited for the legal proposition you have searched for. When polcie will call him, will understand. 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. 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. 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 so view. Mr. Abhishek Bhateja, Advocate for respondent No.8. The 2nd Civil Court of Peace, which continued its trial after the decision of non-jurisdiction of the Civil Court of First Instance, with the acceptance of the case; It is understood that the dampness, spills and blackening in the balcony and bathroom belonging to the plaintiff are caused by the defendant's apartment and the capillary gaps between the balustrades and the balcony ledge to be filled with waterproof liquid insulation materials. Get Expert Legal Advice on Phone right now. DATED THIS THE 12THDAY OF SEPTEMBER, 2022 comprised in Old Survey No.23, New Survey No.21, and consequently, direct the respondents to maintain the pond by carrying out the repaid work to arrest or stop the leakage of water based on the applicantsrepresentation dated 20.05.2015 and pass such further or other orders. 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. 1965 S.C. 1486. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. Let us grow stronger by mutual exchange of knowledge. Jogdand finally sent registered notices to both in 2009, but got no response. (Advocate) Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. I have not made any repairs to my flat since i bought it 8 yrs back. (21 Points) The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. The petitioner is an occupier of flats bearing Nos. 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. 7. 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. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). In such circumstances, you can obtain an order from the competent court to force your neighbour to carry on such repairing works. Mr.N.M.Shinde-Advocate for the respondent. 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. In the circumstances, that decision is also of no assistance to the respondent. rights reserved by Moya Homes. Complainant claimed Rs.1,80,000/-. 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