When sub-section (3) says that all acts and things performed by the Deputy Commissioner or an additional Deputy Commissioner shall be deemed to have been performed and done by the Commissioner, it obviously means the acts done by the Deputy Commissioner or an additional Deputy Commissioner by virtue of the powers delegated to him under sub-section (1). b. Bye Law No 70 providing for basis of apportioning society outgoings under various heads (i) to (xvi) has clarified that All the repairs, not covered by the bye-law No. Isn't the cost to be equally be shared by both parties?
Your experience on this site will be improved by allowing cookies. Sub-section (2) provides that the Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to a Director or a Deputy Commissioner.
1.
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There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Act. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. Mr.N.M.Shinde-Advocate for the respondent. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. Seepage was noticed in the bathroom, which is below the staircase of the ground floor. Court Commissioner is a competent person. The side walls in the hall also gets dampened apart from the toilet ceiling. I am having a same issuebut the flat from where there is leakage is mine.
In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. 1. Judicial Member President, SUSHMITA KALVANKAR
For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). Mrs. Aliya I. Pathan, for respondent No. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. The observations made in Head note (B) cannot be pressed into service. This repair work shall be carried out immediately and without any delay, if not already carried out.4. Whom to complain to?
Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. Thus, leakage of water from the system is the main grievance of the complainant. (23 Points)
Construction work is not carried out as per specification and standard. 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.
Therefore he will be held responsiblefor getting the same repaired. Replied 28 September 2012. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. The main grievance of the complainant is that from the last few months, there is a leakage either sides from the water tank and he informed the same to opposite parties over phone and2012 and as such the same is within warrantee. 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.
Section 471 of the M.M.C. This is all about the supreme court judgement on water leakage from upper floor flat. Once again my good wishes to the author of this post. Act and sentenced the petitioner to pay fine of Rs. 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. Repair of leakages from bathroom. The consumer jurisprudence is altogether different. 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. Undoubtedly, by section 68 of the M.M.C. In such a situation you will have to try your own resourcefulness. Apart from the challenge to the decision on merits, learned Counsel for the petitioner submitted that there was no proper authorisation in favour of Mr. P.K.
Get expert legal advice from multiple lawyers within a few hours. How to send property partition legal notice. 68. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this.
Family person took 10 Lakhs amount in 2013 and cheated while signing. 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.
Shastri, for petitioner. 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. 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. 6. Then you can go to court to claim the amount. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. 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:
If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. The respondent entrusted repairs on water proofing to arrest the leakage to her flat No.19 in 2 Floor, B-Block, Ram Mohan Enclave, to thend Bhavanipuram appellant company for consideration of Rs.23,000/-on 14.7.2011. 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.
What action/compensation can be claimed by the flatowner of the flat below . (55 Points)
( of Bhimrao Jogdand) The members refused to pass the resolution. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area.
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. Of course, a bonding material may also prevent water leakage. 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. 09 September 2018. Replied 03 January 2021, Swarnava Ghosh
Please answer all the questions asked.
It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. 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. You must login or register to add a new answer. 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. 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. 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. Other solutions for solving internal flat leakage problem: File police complaint. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. 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.
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
Now, what can you do in this case? Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. 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. The appellants assured her repair works undertaken by them walls were completed in all aspects. 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. 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. What should i do , shall i pay him or refuse? This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. 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. 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.) Lawyers are available now to answer your questions. The facts of the said case are quite different. Plumbing work was done towater is being wasted.
about 75% of the money was paid by me. Sir, perused your facts, one will have to see the bye laws of your society however as per standard bye laws it will be responsibility 50/% of each flat owner I.e flat no 601 & 501 subject to the byelaws of your society. (v) Water Storage Tanks, (ix) Terrance and parapet walls (x) Structural repairs of roofs of all flats, (xiv) All leakage of due to rainwater, and leakage due to external Common pipeline and drainage line. Complainant Nandakumar Rege, the CEO of Thane District Housing Co-Operative Federation, stated that his flat on the ground floor of Manali building at Abhinav co-operative housing society in . Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. Cases referred :
Act. Heard Mr.S.S.Bhalerao-Advocate for the appellant. Act. Leakage was also noticed from the eastern, northern, southern and western walls.
Leakage is also noticed to the sink of the kitchen platform. 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. Is there a RWA or MC of the CGHS? 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. ", Get the legal help & representation from over 10,000 lawyers across 700 cities in India, Post your question for free and get response from experienced lawyers within 48 hours, Contact and get legal assistance from our lawyer network for your specific matter, Apply for Free Legal AidA Pro-bono initiative of LawRato in association with NALSA, I alongwith my family residing in a flat(first floor)at Paikpara, Kolkata-700002, constructed by West Bengal Housing Board(1978) and we the flat owners are under WB Apartment Ownership Act. Act. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner.
They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. Recognising housing societies as service providers, a consumer forum has ordered one such housing society in Chembur to cough up an almost Rs 1 lakh in compensation to a member for the damage caused to his flat by renovation in the flat above. 06 February 2015. With a copy to Patil and sought reimbursement of the repair costs. In the circumstances, that decision is also of no assistance to the respondent. (Advocate)
After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court.
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, 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. Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. 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. Learned Counsel for the Municipal Corporation invited my attention to a decision of the Supreme Court in (Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari)1, 1965 DGLS (soft) 26 : A.I.R. The appellants had not acceded to the request of the respondent. 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.
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. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. Sebastian, 1993(1) Bom.C.R. Act to issue the notice. Get legal answers from lawyers in 1 hour. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt.
4. Second floor people are very rude and are not taking any actions even after asking so many times. That appears to have been an undisputed position. Then you can go to court to claim the amount.
15. That appeal was directed against the judgment and Order of the Metropolitan Magistrate, 41st Court, Shindewadi, Dadar, Mumbai dated 12th March 1999 convicting the petitioner accused of an offence punishable under section 381 read with section 471 of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as 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. 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. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. 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.. What are the reviews of Prestige High Fields, Hyderabad? If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. 6. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. The petitioner did not adduce any evidence in defence. In a similar case in Mumbai the lower floor member went to the consumer court.
District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. Send him a legal notice and ask him to immediately remedy the leak and also ask of a. The society is also required to fix the roofs of the apartment and ceiling and the plaster thereon on the top floor in case theres a leakage due to rain water. Good Luck,
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. Present : Mr.S.S.Bhalerao-Advocate for the appellant. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. After his death in 1961, the tenancy devolved on his widow who took in a boarder. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. 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. Act, which reads as follows:-
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. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. Dr. MPS RAMANI Ph.D.[Tech.] 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. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. Item O in A-Z list of repair jobs also practically identical viz : Leakages of water including leakages due to rain water and leakages due to external common pipe line and drainage line 5 Days LIVE GST Certification Course with CA Sachin Jain. 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. 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. Please login to post replies
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. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner.
kindly advise us the right procedure and the source to approach to get issue resolve. My bathroom's was stinking and its roof's paint and pop was getting out. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. Quality of work as well as quality of building material is not maintained. In Civil Law. Thanks and regards.
Respondents. You need to approach civil court if you want to dispute the same, issue legal notice to neighbour to repair the terrace, if he fails to do so society has to take action against flat owner, if society fails to do so act as mentioned herein above. . The revision application is accordingly allowed and the petitioner is acquitted of all the charges.
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. 08 September 2018, Kishor Mehta
But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom.
Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. 5. I will clear all your queries in this answer. My say is that because of his bathroom leakage problem, we also had to spend 3500Rs at our house for repairs, which was only due to his bathroom leakage problem. Your are not logged in . The flat below bearing No. , .
Rate of interest awarded by the District Consumer Forum is on the higher side.
Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. - Dont worry , you will get relief in your favour. 17 of 1999. Act. It is only then that the person can be in breach for non-compliance of the notice.
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The question that arises for my consideration in this revision is: Whether the notice dated 3rd June 1997 issued under the signature of Mr. P.K.
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. Construction work is not carried out as per specification and standard. 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. - 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. In my view, the prosecution has failed to prove that Mr. P.K. supreme court decision for water leakage from neighbor. 4. Appeal filed by the petitioner, being Criminal Appeal No. Hi, I stay in a co-operative housing society. This court first expressed its reluctance to extend the economic loss doctrine to construction defect cases in Oak Grove Investors v. Bell Gossett Co., 99 Nev. 616, 617, 668 P.2d 1075, 1077 (1983). (CEO)
In such circumstances, you can obtain an order from the competent court to force your neighbour to carry on such repairing works. 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. Bombay Municipal Corporation Act, 1888, Secs.
Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. She further submitted that by reason of section 56(3) of the M.M.C. Act.
Same was for the bedroom walls. You have no other option it seems. Dear Sir, In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. 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. (NA)
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. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. 09 September 2018. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. Act. Concerned flat holders is a unclear term and a source of dispute. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. Sebastian)2, 1993(1) Bom.C.R. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. We had spend 3500Rs on that. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. 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. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. Leakage was also noticed in the passage leading to bedroom on the northern side.
Act.
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