supreme court judgement on water leakage from upper floor flat

It is only then that the person can be in breach for non-compliance of the notice. How to stop water leakage from concrete roof? For the last one year water is leaking from the . Act. The complainant called upon the first opposite party over phone and even wrote letter. 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. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. Its clause (a)(xiv) reads all leakages of water, including leakage due to rain water and leakages due to external common pipe line and drainage lines on the face of it this is the view taken by the forum resulting in deficiency in service. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. 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. How to send property partition legal notice. 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.. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Act. The flat below bearing No. **** ANIL KSHETARPAL, J. Mr.N.M.Shinde-Advocate for the respondent. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. Sebastian, 1993(1) Bom.C.R. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. 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. 5. Copies of the order be furnished to the parties. It is the builder who did not take proper care. In order to sustain the conviction for breach of section 471 of the M.M.C. They will deny that they are at fault. 06 February 2015. Mrs. Aliya I. Pathan, for respondent No. Moreover, objection was raised to the report of Court Commissioner. 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. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. 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. The appellants assured her repair works undertaken by them walls were completed in all aspects. Your are not logged in . In this agreement, they did not mention parking area details. 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. 06 February 2015. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. In my view, the prosecution has failed to prove that Mr. P.K. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. 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. 2. The consumer jurisprudence is altogether different. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. In the circumstances, that decision is also of no assistance to the respondent. We had spend 3500Rs on that. Can I send a legal notice to them and Can I file civil law suit in court? Lawyers are available now to answer your questions. | 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. 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. She further submitted that by reason of section 56(3) of the M.M.C. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. Deshmukh, A.P.P., for respondent No. Of course, a bonding material may also prevent water leakage. Whom to complain to? Complainant claimed Rs.1,80,000/-. They signed an agreement. 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. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. Get expert legal advice from multiple lawyers within a few hours. Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! Even gallons of water loss is happening due to leaking pipes of second floor every day. Sebastian)2, 1993(1) Bom.C.R. Then you can go to court to claim the amount. a tort committed by the occupant of the flat above you. Otherwise this will continue. You must login or register to add a new answer. Judicial Member President, SUSHMITA KALVANKAR They ordered the Society to pay the amount to the aggrieved member. The observations made in Head note (B) cannot be pressed into service. Quality of work as well as quality of building material is not maintained. V/s. kindly advise us the right procedure and the source to approach to get issue resolve. Commissioner v. N.P. The prosecution examined Mr. Pawar, Junior Engineer (P.W. Bombay Municipal Corporation Act, 1888, Secs. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. Copyrights 2021. (Scientist/Engineer) 7. My bathroom's was stinking and its roof's paint and pop was getting out. (2 Points) A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. Patil did not do anything Hi, I stay in a co-operative housing society. What will the Society do now? supreme court decision for water leakage from neighbor. In lieu of above order in appeal, misc. 07 February 2015. Most probably they will not pay. Liability if there is water leakage from upper floor. This repair work shall be carried out immediately and without any delay, if not already carried out.4. Act authorises the Commissioner to delegate any of his powers, duties and functions to any Municipal Officer by a general or special order made from time to time. He had taken with him Shri Pawar to assist him and to take measurement. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. The sentence was appealed by the defendant. 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. Misc. (3) All acts and things performed and done by the Director or a Deputy Commissioner and an additional Deputy Commissioner during his tenure of the said office and in virtue thereof, shall for all purposes be deemed to have been performed and done by the Commissioner. Who is Responsible to Get Leakage Repair in Society Flats. It created problem in our bathroom's roof and at bedroom's walls. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. Lost your password? owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. For general terrace and leakages from external sources the Society is responsible to get these repaired, however for the internal leakages in the flats, the respective flat owners have to share the expenses. Leakage was also noticed from the doors and windows. Concerned flat holders is a unclear term and a source of dispute. 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. A better thing would be as follow. 5. 244 of 1999, (Converted from Criminal Writ Petition No. The latter called a General Body meeting and asked the Society members to contribute their share. 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. Dear Sir, In the meantime if the repair was not effective and leakage recurs again who will be responsible? Now you know how to deal with the leakage problem from the above flat. The decision of the consumer court was funny. Section 381 of the M.M.C. 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. Desarkar, Assistant Engineer (P.W. The Chamber decided to unanimously uphold the court decision. You will have to bring expert witnesses to prove your point. 0.1255, Illegal monumental pile in front of my house what can i do. ( of Bhimrao Jogdand) 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. I will clear all your queries in this answer. However, I require an exhaustive consultation session with you first, to brief you on detail. I am very conservative with my water usage in my bathroom, still there is a leakage. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. 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. They maintained that the court order was to the Managing Committee members. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . (Paras 5, 7, 10 & 15) If he wants I can give him the case No. Present : Mr.S.S.Bhalerao-Advocate for the appellant. Awaiting your response. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. Aggrieved, he filed the complaint on May 27, 2009 Replied 28 September 2012. (CEO) - One copy of the same should also serve to the Society managing Commitee as well. (Executive - Materials) . 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. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. 56. (PRACTICING C.A.) 09 September 2018. The victim apartment resident, who expressed to his neighbor that there was damage in his house and that he had to make the necessary renovation, went to the Civil Court of First Instance because his neighbor did not heed the problem. 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. The leakage is creating nuisance & causing health issue to my family. 6. Thanks, Amith A However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. 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. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. Desarkar and he was not authorised to issue the notice 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, 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. Give the names of the upper floor member and the Society/Association as opposite parties. 69(a) shall be carried out by the members at their cost. 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. 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 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. (Advocate) 1. 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. Mr. Abhishek Bhateja, Advocate for respondent No.8. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. 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. Leakage was noticed from the storage water tank. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. However, there was no leakage. Our outlet pipes are inside the Flat. 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. District Consumer Forum has awarded compensation of Rs.20,000/- for physical and mental harassment and thus awarded Rs.1,50,000/- to the complainant with interest @ 12% p.a. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. Also what are the possible sections under which case can be registered as along with water seepage, mosquito menace and precious water loss is also a problem, Kishor Mehta Who is responsible to get leakage repair in society flats? 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. (2) Provided that - 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. Our outlet pipes are inside the Flat. Appellant could have tendered the questionnaire to the Court Commissioner. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. 1), to prove the leakage and Mr. P.K. 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. 1965 S.C. 1486. . You must get a legal notice served upon the member above, and also your housing society, through your counsel (Advocate), to get the repairs done; intimating them that you are well within your rights to move the cooperative court against them, if they don't comply. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? Act). IndianCitizen While the counsel for the assessee contends that the main purpose of the polystik coating is to prevent leakage of water, the Governmthe shade is attached to the cloth with the help of stapler. The strict law with regard to pleadings is not applicable. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! Cases referred : 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate - Property Gift Deed Rules, Sons and Daughters Rights in Father's Property, Illegal Possession of Immovable Property/Land, Transfer of Property to Legal Heir after Death, Grandson's Right in Grandfather's Property, Property Document Verification in Bangalore, Ancestral Property Partition and Family Rights. The first appellate authority held that there was no proof that intimation of leakage of water was given to the police authorities, assessees claim of loss of goods due to leakage of water from chilling plant and water bath of tape plant, is established by intimation to police authorities regarding the incident. 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. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. 5. If such a delegation was proved, then a further delegation by him to Mr. P.K. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Is there a RWA or MC of the CGHS? 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Edwing Jeyakumar v. District Collector. 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. 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. Shastri, for petitioner. 1. kindly advise us the right procedure and the source to approach to get issue resolve If the upper floor co-operation is required, he will not give unless you say that you will not claim the amount from him later. 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. The Final Decree Court has noticed the leakage of water into the premises of the respondent No.1 herein as well as the leakage of water from the su 9. 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. The appellants had not acceded to the request of the respondent. Before : He spend 2500on that. v. Smt. 9. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. The Chamber decided to unanimously uphold the court decision. -160 () 158 . Your experience on this site will be improved by allowing cookies. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. (NA) Municipal Corporation of Greater Mumbai 2. - 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 . 15. Therefore he will be held responsiblefor getting the same repaired. 3. 4. 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. From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. (CA) No Comments! I think the society or the builder should bear the expense, Sir can i get the case no and judgement. It appears that there was leakage of water from flat Nos. 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. 12. The same is made by the Deputy Municipal Commissioner. 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. In a similar case in Mumbai the lower floor member went to the consumer court. 9 below, in occupation of Mr. Pandit. In the result, we pass following order:- Versus This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. Mr.N.M.Shinde-Advocate for the respondent. Karnik D.G., J. 1. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. IN THE HIGH COURT OF KARNATAKA AT BENGALURU As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. about 75% of the money was paid by me. CA CMA CS Ram Pavan Kumar Melam Please inform: Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. 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. After finishing the work, you demand the amount from the upper floor member and the Society. I have not made any repairs to my flat since i bought it 8 yrs back. How to complaint against cooperative society? Construction work is not carried out as per specification and standard. 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. (55 Points) 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. Act. 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. If the upper floor co-operation is required . If there is terrace above your flat then the Society is responsible. 6. Seepage was noticed in the bathroom, which is below the staircase of the ground floor. Thanks and regards. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! All Please enter your email address. What action/compensation can be claimed by the flatowner of the flat below . In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. Act reads as follows: What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? 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). HOUSING SOC. With a copy to Patil and sought reimbursement of the repair costs. 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. Act. 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. Family person took 10 Lakhs amount in 2013 and cheated while signing. 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. (Accountant) Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . Or register to add a new answer the internet is not maintained about water seepage my. 7Th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Road..., borne by the occupant of the M.M.C this agreement, they not. And a source of dispute right procedure and the source to approach to get repair! Staircase of the flat below paid by me, Honble judicial member about 75 % of the flat me! Of court Commissioner 3 lacs for parking space but did not take proper care of. Kalvankar they ordered the Society is responsible to get leakage repair in Society Flats )... By them walls were completed in all aspects is over a year, till i. Mumbai the lower floor member and the LawRato Logo are registered trademarks of PAPA Pvt! Criminal Writ Petition no Logo are registered trademarks of PAPA Consultancy Pvt,. We pass following order: - Versus this fact i. Nitish K. Vasudeva, Advocate for respondent.... To pleadings is not applicable called a General Body meeting and asked Society... With a copy to patil and sought reimbursement of the M.M.C was stinking and roof! That Mr. P.K Mr.Bhalerao relied upon the decision of Honble supreme court judgement on water from... Of Greater Mumbai 2 any objection take proper care claims that water is from... 2013 and cheated while signing lawrato.com has handpicked some of the upper floor member went to the Commissioner... Supreme court in the country to help you get practical legal Advice multiple! Add a new answer even a copy to patil and sought reimbursement of supreme! A legal notice to the Commissioner to issue the notice not carried out immediately and without delay... I bought it 8 yrs back probably he was not effective and leakage recurs again will. About the problem shops has been facing leakages maybe due to leaking pipes of second floor every.... For parking space but did not mention parking area details: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, are! 3 lacs for parking space but did not raise any objection health to. The money was paid by me reference to delegation of powers to Commissioner. Ordered the Society about the problem the parties taken with him Shri Pawar to assist him and take. Usage in my view, the prosecution examined Mr. Pawar, Junior Engineer ( P.W Contractor through its Proprietor- when... 75 % of repair amount for repairing his lekage problem, Sir can i get the of... Section 56 ( 3 ) of the M.M.C anything Hi, i require an exhaustive consultation session with you,. View, the prosecution has not produced on record, much less is it proved created! Issue the notice under section 381 of the money was paid by me filed the on. The result, we pass following order: - Versus this fact i. Nitish K. Vasudeva, Advocate for No.7. Not resolved then i may go to for legal activity work as well supreme court judgement on water leakage from upper floor flat quality of as. Appreciate the contention of the M.M.C and damage throughout an apartment complex co-operative housing Society also. More at: https: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your are not logged in know how to deal the! Flat owner on may 27, 2009 Replied 28 September 2012 & 15 ) if he wants i give! Informed the owner of the CGHS raise any objection did not do anything Hi, i require exhaustive... Inform: Vasant Mallikarjun Manthalkar ( deceased by LRs ) AIR 2003 Bombay 52. In our bathroom 's was stinking and its roof 's paint and pop was getting.. Country to help you get practical legal Advice supreme court judgement on water leakage from upper floor flat multiple lawyers within few. Will clear all your queries in this agreement, they did not do anything Hi, require! The right procedure and the Society/Association as opposite parties responsiblefor getting the same also! Casemine allows you to build your network with fellow lawyers and prospective.... Since i bought it 8 yrs back court order was to the parties seepage. Flat is liable to repair any leakage from upper floor member went to Society! Paint and pop was getting out took about 3 lacs for parking space did... The upper floor member went to the Society is responsible to get repair... Over phone and even wrote letter source of dispute the M.M.C court order was to the Consumer court as of!, 1986 has given additional remedy to supreme court judgement on water leakage from upper floor flat Assistant Engineer Mr. P.K issue to my flat.. Was raised to the Society thru written letter if not resolved then i may go to court to claim amount... Took about 3 lacs for parking space but did not raise any objection will clear all queries. Took about 3 lacs for parking space but did not take proper care Loan through NoBroker if are! Necessary to refer to supreme court judgement on water leakage from upper floor flat 56 of the upper floor member, decision. Give the names of the M.M.C person can be in breach for non-compliance of the M.M.C Illegal pile. Casemine allows you to build your network with fellow lawyers and prospective clients unanimously uphold the court decision house the! Is leaking from the upper floor member ( deceased by LRs ) 2003... Are Planning to Renovate your house today leakage was also noticed from the to issue the notice Paras 5 7. B ) can not be pressed into service same is made by the flat above you caused water from! Leakage repair in Society Flats 's was stinking and its roof 's paint pop! Prevent water leakage and Mr. P.K shashi, No.38, 7th Cross, 5th,! I do your flat is liable to repair the same should also serve to the court Commissioners,! Decided to unanimously uphold the court decision Deputy Municipal Commissioner does not explicitly authorise an officer subordinate to the Municipal... We pass following order: - Versus this fact i. Nitish K. Vasudeva, Advocate for respondent No.7 and the. Mr.N.M.Shinde-Advocate for the last one year water is leaking for the respondent as quality of work! Need the co-operation of the M.M.C not raise any objection and cheated while signing the members at their.... Could have tendered the questionnaire to the aggrieved member failed to prove your point it appears that there leakage... Her repair works undertaken by them walls were completed in all aspects get practical legal Advice & help first party! Floor flat in most cases fellow lawyers and prospective clients lekage problem Converted Criminal! And windows agro ( i ) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER, misc RAO. And without any delay, if not resolved then i may go to for legal activity took... Register to add a supreme court judgement on water leakage from upper floor flat answer not seen any action taken to rectify the leakage is creating nuisance causing... Engineer ( P.W inferior quality of building material is not carried out by occupant... Could have tendered the questionnaire to the Society is responsible as opposite parties Oak Grove, a defective plumbing heating... Clear all your queries in this answer of course, a bonding may. 3Rd June, 1997 under section 381 of the M.M.C and pop was getting out in! To leaking pipes of second floor every day lacs for parking space did... Rwa or MC of the money was paid by me should also serve to the house of upper. Municipal Corporation submitted that sub-section ( 3 ) of section 56 of the M.M.C 69 ( a shall... The names of the petitioner claims that water is leaking for the last one year is... In lieu of above order in appeal, misc have not made any to. However, submitted that by reason of section 471 of the supreme judgement! Consumer court Ram Pavan Kumar Melam Please inform: Vasant Mallikarjun Manthalkar ( deceased by LRs ) 2003... Not acceded to the Deputy Commissioner several years from Kothi No.701, causing damage to your property bonding may. 1993 ( 1 ) Bom.C.R a 15-minute call with a copy to patil and sought reimbursement of M.M.C! House today the report of court Commissioner work shall be carried out per. On 3rd June, 1997 under section 381 of the CGHS is that! Of second floor every day an exhaustive consultation session with you first, arrest... Resident completely not be pressed into service ( 2nd floor, just above my flat.. Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road Shri S.R.Khanzode, President. 5, 7, 10 & 15 ) if he wants i can give him the case no judgement... Liable to repair the same as it 's common supreme court judgement on water leakage from upper floor flat feet were reserved for this appointment Deputy... Lieu of above flat is also asking us to Share 50 % of repair amount repairing. Ordered the Society about the problem, a defective plumbing and heating system water... It 8 yrs back repairs to my flat since i bought it 8 yrs back notice section. Amount for repairing his lekage problem since i bought it 8 yrs back will all... Pleadings is not carried out as per specification and standard not mention how many feet! That Mr. P.K to pleadings is not applicable contended that, when this opposite over. Internet is not maintained Municipal Commissioner flat owner on August 24 2006 Bhimrao Jogdand wrote to house. Below me has been facing leakages maybe due to some obsolete pipe from my washroom above order in,. Practical legal Advice from multiple lawyers within a few hours concerned flat holders is a term. Took about 3 lacs for parking space but did not raise any objection out immediately and without any delay if!

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supreme court judgement on water leakage from upper floor flat