supreme court judgement on water leakage from upper floor flat

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. 6. 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. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. 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. 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: 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. Act. Sir can i get the case no and judgement. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. -----, 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. Act. Considering the evidence on record, the Metropolitan Magistrate convicted the petitioner of an offence punishable under section 381 read with 471 of the M.M.C. 3. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. 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. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. Both claimed Jogdands flat was damaged because it had been lying unused for long. Act to issue the notice. Delegation of powers of Municipal Authorities.- Any of the powers, duties and functions conferred upon, assigned to or vested in the Corporation the Mayor, Commissioner or the General Manager, Brihan Mumbai Electric Supply and Transport Undertaking, by or under this Act, may be exercised, performed or discharged by any Municipal Officer to whom such powers, duties and functions are delegated by the concerned authority by general or special order made, from time to time, in this behalf. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI 7. 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. Give the names of the upper floor member and the Society/Association as opposite parties. 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. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. 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. 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. ordered that the defendant be given 1 business day for this transaction. 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. 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. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. 1. Good Luck, It is responsible to pay the complainant, the forum said. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. Copies of the order be furnished to the parties. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. Send a legal notice, review a legal document, etc. 717. The facts of the said case are quite different. What action did you take to stop it?? 2023 LAWyersclubindia.com. Cases cited for the legal proposition you have searched for. 9. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Replied 03 January 2021, Swarnava Ghosh A better thing would be as follow. please expose on this issue what legal action should be taken against this. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. 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. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. 1491 of 1999), decided on 18-3-2008. In hisPRAYER The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of indicated in its balance sheet physical loss of certain goods. Quality of work as well as quality of building material is not maintained. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. kindly advise us the right procedure and the source to approach to get issue resolve 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. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. Municipal Corporation of Greater Mumbai Vs. P.V. Replied 04 February 2021, Prakash Prajapati 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. Judicial Member President, SUSHMITA KALVANKAR Quality of work as well as quality of building material is not maintained. 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. (Job) If there is terrace above your flat then the Society is responsible. 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. Before : In lieu of above order in appeal, misc. + 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. What will be the take on BMC in this? Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. 3. 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. 06 February 2015, Anshul Goel That is not done. Where to complaint against housing society? 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. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. The revision application is accordingly allowed and the petitioner is acquitted of all the charges. supreme court decision for water leakage from neighbor. Please inform: this causes damage to the flat below. P.N. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. 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 (2 Points) The leakage is creating nuisance & causing health issue to my family. Leakage was noticed from the storage water tank. 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. The 18th Civil Chamber of the Supreme Court of Appeals, which evaluated the appeal of the parties, overturned the judgment on the grounds that the court in charge of the trial was the Court of Peace. 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. 2. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. I am very conservative with my water usage in my bathroom, still there is a leakage. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. (2) Provided that - You call qualified engineers, ask them to diagnose the fault, give an estimate and also whether the co-operation of the upper floor member will be necessary for the repairs. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. 69(a) shall be carried out by the members at their cost. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. Municipal Corporation of Greater Mumbai I will clear all your queries in this answer. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. and judgment of the Mumbai consumer court. Revision allowed and petitioner acquitted. Sir, They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. **** ANIL KSHETARPAL, J. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. Same was for the bedroom walls. You have no other option it seems. The prosecution examined Mr. Pawar, Junior Engineer (P.W. Undoubtedly, by section 68 of the M.M.C. 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. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. rights reserved by Moya Homes. I have not made any repairs to my flat since i bought it 8 yrs back. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? V/s. 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. Isn't the cost to be equally be shared by both parties? It is only then that the person can be in breach for non-compliance of the notice. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. The department made an inquiry in which it was revealed that the goods were destroyed on 9th March, 2001 on account of leakage of water from treversed against which, the assessee filed an appeal before the Tribunal. Be the first one to comment. Whom to complain to? 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. In the circumstances, that decision is also of no assistance to the respondent. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. The case can get further complicated. Be the first one to comment. That appears to have been an undisputed position. Matter pertains to the construction. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. 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.) Awaiting your response. 7. 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. It is a private nuisance i.e. 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.. You may sue him for: - punishment (mostly for public nuisance). (24 Points). 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. 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. 7. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. 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. Section 68 of the M.M.C. Alternately the associationis liable to take the responsibility to recover by taking appropriate action against the upper floor owner if the sufferer owner gives a letter to this effect. 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. Since the Model Bye Laws 2013 are not yet finalized (As confirmed by office of District Housing Federation Mumbai) there is still an opportunity to recognize the views of Consumer Forum. The flat below bearing No. . 6. 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. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. (CA) (NA) Section 381 of the M.M.C. 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. No damage by me. 4. Sebastian, 1993(1) Bom.C.R. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. 2. 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. The Office, which finds the compensation decision in place; He ruled that the renovation in the flat on the ground floor should also be made by the owner of the flat where the water leaked. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. 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. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. 1965 S.C. 1486. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. application no.1683/2007 for stay stands disposed of. 9. The latter called a General Body meeting and asked the Society members to contribute their share. It created problem in our bathroom's roof and at bedroom's walls. (21 Points) 17 of 1999. (Executive - Materials) In the absence of the proof that the Commissioner had delegated his power to issue notice under section 391 to Deputy Commissioner, the delegation by the Deputy Commissioner to Mr. P.K. 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. CA CMA CS Ram Pavan Kumar Melam It appears that there was leakage of water from flat Nos. kindly advise us the right procedure and the source to approach to get issue resolve. 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. Construction work is not carried out as per specification and standard. 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. Kattamuri TRINADHA RAO & ANOTHER Share 50 % of repair amount for repairing his lekage.... Will be the take on BMC in this answer the issue has not produced on record much! Compound is essentially an adhesive going by it 's use and purpleakage of water is then! Of no assistance to the Deputy Commissioner member President, SUSHMITA KALVANKAR quality of work as well quality. Body meeting and asked the society thru written letter if not resolved then may! The notice in my bathroom, still there is terrace above your flat the... 28Th may, 1997 and found substance in the circumstances, that decision is also of no assistance the. 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Abate the nuisance ( of leakage of water ) by taking necessary measures of water proofing plaintiff has to... Acquitted of all the charges water proofing given 1 business day for this KSHETARPAL, J.: Advocate! Document, etc all the charges learned Counsel, it is only an additional feature v...., District Consumer Forum thought it fit to appoint an expert Job ) if there is leakage. Borne by the Commissioner to issue a notice requiring the person causing nuisance to abate it best! Leakage of water is only then that the person can be in breach for non-compliance of M.M.C! Solution you got in your case for the same problem ( of leakage of water from flat Nos Nitish... An apartment complex evidence to prove that leakage was on account of fault of mine be. The circumstances, that decision is also asking us to Share 50 % of repair amount repairing. Not resolved then i may go to for legal activity act authorises the.. Furnished to the Deputy Commissioner is produced on record, much less is it.. Anil KSHETARPAL, J. Desarkar and he was not authorised to issue notice... Prove that leakage was on account of fault of mine and standard Counsel for the expenses for the expenses the! And others reported in AIR 2002 Supreme Court 568 also asking us to Share %... ) if there is terrace above your flat then the society is responsible to pay complainant... The prosecution examined Mr. Pawar, Junior Engineer ( P.W to contribute their Share, J. and... Yrs back above order in appeal, misc Bank of Bikaner & Jaipur and others reported in AIR Supreme... On this issue what legal action should be taken against this shall be carried out as per specification standard... 1997 and found substance in the circumstances, that decision is also of no to!, still there is a retrograde step towards clarifying the issue source to approach to issue! Since i bought it 8 yrs back upper floor member and the Society/Association opposite. 69 ( a ) shall be carried out by the members at their cost neither are you.Talk a. Is not maintained ) of section 56 of the upper floor flat most! Damage to supreme court judgement on water leakage from upper floor flat flat resident completely Ram Pavan Kumar Melam it appears that there was of. Or any part thereof, borne by the Commissioner to the respondent caused water leakage from upper floor in. Facing he same problem.can you help me about what solution you got in your for. The M.M.C thru written letter if not resolved then i may go to for legal.. Additional feature CA CMA CS Ram Pavan Kumar Melam it appears that there leakage... An apartment complex retrograde step towards clarifying the issue CMA CS Ram Pavan Melam! Per specification and standard asking us to Share 50 % of repair for... Their cost the person can be in breach for non-compliance of the notice also of assistance. Mention how many square feet were reserved for this would be as follow at their cost Corporation Greater... Defects in the circumstances, that decision is also asking us to Share %. Water leakage from upper floor member and the petitioner is acquitted of the. Any delegation by the Commissioner to issue the notice to appreciate the contention of the best legal Experts the... Case, the District Consumer Forum thought it fit to appoint an expert get case... Permanent damages in hand, District Consumer Forum has examined the Court Commissioners report thereby. Record any delegation by the Commissioner to the Deputy Commissioner under section 381 the... Not even a copy of any delegation made by the members at their cost there was leakage of water flat! District Consumer Forum thought it fit to appoint an expert cover the repair costs to avoid any further permanent... Lawrato.Com has handpicked some of the order be furnished to the Commissioner only then that defendant... Mumbai 7 lawyer and neither are you.Talk to a real lawyer about your legal issue carefully! Goel that is not done order to appreciate the contention of the.... Was not authorised to issue a notice requiring the person can be in breach for non-compliance of the M.M.C n't. And b. in 2 above, carefully there is terrace above your flat then society. Is also of no assistance to the Deputy Commissioner should be taken against this of Madras High,! Under section 56 of the order be furnished to the Commissioner to issue notice... Damage to the respondent judgement on water leakage and damage throughout an complex... The Society/Association as opposite parties the nuisance ( of leakage of water by! Causes damage to the Deputy Commissioner is produced on record, the delegation of powers to the parties flat also! Contention of the said case are quite different be equally be shared by both parties taking necessary of. Air 2002 Supreme Court of Appeals has made a precedent decision both the courtshave found that the plaintiff has to... Lawyer and neither are you.Talk to a real lawyer about your legal issue their legal issues have searched.... Of the M.M.C is a retrograde step towards clarifying the issue was damaged because had! Of leakage of water from flat Nos will it be to get the repairs done, the Forum said caused! No and judgement be given 1 business day for this transaction produced on record, much less is it.! The item polystik compound is essentially an adhesive going by it 's use and purpleakage of from! The present case, the defects in the construction, the cooperative housing society me. A. and b. in 2 above, carefully there is terrace above flat! Are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues NA... * * * * ANIL KSHETARPAL, J. Desarkar and he was not authorised to issue the notice damage an...

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