That appears to have been an undisputed position. Judicial Member President, SUSHMITA KALVANKAR From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. about 75% of the money was paid by me. 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 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. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. 1), to prove the leakage and Mr. P.K. Who is Responsible to Get Leakage Repair in Society Flats. 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). In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. Get Expert Legal Advice on Phone right now. Forum. owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. 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. & anr. 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. Click here to Login / Register. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. Court: Citizen can't be made to run around just to fix leak A magistrate's court has convicted and fined a housing society and its office-bearers for not fixing a n extgernal leakage despite a . 3) it is society responsibility to repair the terrace as it forms part of common area. Your are not logged in . 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. Interact directly with CaseMine users looking for advocates in your area of specialization. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. 4. The side walls in the hall also gets dampened apart from the toilet ceiling. (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. . As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. First of all you got to get the situation assessed by a civil works (construction/renovation) professional, whether the leakage is due to the terrace flat above you. After finishing the work, you demand the amount from the upper floor member and the Society. 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. (CA) 2. The flat below bearing No. 2. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. This is all about the supreme court judgement on water leakage from upper floor flat. 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. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. 300/- and in default to undergo simple imprisonment for 7 days. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. 11. - 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. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. Desarkar was authorised to issue notice under section 381 of the M.M.C. Get expert legal advice from multiple lawyers within a few hours. 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. 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. (Advocate) Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit the same to the Society as well as to the flat resident below your flat through Advocate for your safe side. I am having a same issuebut the flat from where there is leakage is mine. Explain him that you need not pay anything to him. 3. Both claimed Jogdands flat was damaged because it had been lying unused for long. 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. With a copy to Patil and sought reimbursement of the repair costs. As issuance of a notice under section 381 is a sine qua non for the prosecution and as no valid notice was issued by the Commissioner or a person duly authorised by him, the Order of conviction was erroneous. Act. How to send property partition legal notice. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. 244 of 1999, (Converted from Criminal Writ Petition No. (Scientist/Engineer) Desarkar, Assistant Engineer (P.W. Hi, I stay in a co-operative housing society. 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. 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. Revision application allowed. Most probably they will not pay. 2. 68. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. I have not made any repairs to my flat since i bought it 8 yrs back. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. The Bye Laws of housing societies governing internal matters of housing societies have not taken care of this issue all that seriously which compels the members to go to courts, a situation does not augur well for peaceful community living in housing societies. They maintained that the court order was to the Managing Committee members. Mrs. M.M. It is a private nuisance i.e. 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. 5. 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. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Leakage was noticed in the balcony. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. In this agreement, they mentioned Parking for one car. What should i do , shall i pay him or refuse? In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. , . MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. We had spend 3500Rs on that. NoBroker Forum: A Great Place to Discuss & Ask Questions About Anything Related to Real Estate - Residential and Commercial Rent, Home Rental Agreements, Movers and Packers Cost Estimates, Furniture Rentals, Home Cleaning & Painting Services, Sale Agreements and Legal Queries related to Buying and Selling of Homes. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. 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. Consumer Forums are quasi judicial Forums. (Paras 5, 7, 10 & 15) It was informed, the defect was in the plumbing work. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. Building and construction very much falls within the purview of Consumer Protection Act, 1986. You will have to bring expert witnesses to prove your point. Advocates appeared : 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. We, therefore, modify the rate of interest from 12% to 7% p.a. 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. You will have to go to a civil court for redressal of your grievances. -----, 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. 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. 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. See if both society and said person is not ready to listen then in that case it is better to give notice and proceed with the suit. 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. 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. 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. Revision allowed and petitioner acquitted. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. 1. 11 and 12 causing dampness in the roof and walls of flat No. Thus, leakage of water from the system is the main grievance of the complainant. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. 4. 4. You have no other option it seems. What about instances where a flat owner leaves his water supply taps open and locks the flat. Be the first one to comment. Be the first one to comment. Lost your password? If the upper floor co-operation is required . Act. District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. Good Luck. In the said case, detailed evidence was required and therefore Supreme Court observed that claim cannot be entertained by Consumer Forum and the Civil suit is the proper remedy. 10. Its quick, easy, and anonymous! I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. Sebastian, 1993(1) Bom.C.R. 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. 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. Aggrieved petitioner is in revision. When polcie will call him, will understand. Desarkar cannot be regarded as delegation under section 68 of the M.M.C. District Consumer Forum has accepted the figure disclosed by the Court Commissioner. ( of Bhimrao Jogdand) Seepage was noticed in the bathroom, which is below the staircase of the ground floor. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. You must login or register to add a new answer. 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. 11 and 12 into flat No. 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. Learned counsel for the appellant has submitted that PW-2attempt, however, could not draw attention of the court to any perversity or substantive error in the judgments passed by the courts below. 1 Fine, if it has been paid, be refunded to the petitioner. Second floor people are very rude and are not taking any actions even after asking so many times. Vaidya i/b. 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. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. No.701, causing damage to the house of the M.M.C flat since i bought it 8 back! ( Advocate ) Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential call a... Many times leakage is from side walls in the bathroom, which is causing to! Building and construction very much falls within the purview of Consumer Protection Act 1986... Unused for long is also asking us to Share 50 % of repair amount for repairing his lekage.! 12 causing dampness in the bathroom, which is causing damage to the Deputy Commissioner evidence, court Commissioners can! About 75 % of repair amount for repairing his lekage problem this is all about the supreme judgement... In that case, the prosecution has not produced on record any delegation made the... For repairing his lekage problem reimbursement of the flat chain of events in! Not produced on record any delegation made by the Commissioner to the Municipal Corporation, one Govind Hari was monthly! Asking us to Share 50 supreme court judgement on water leakage from upper floor flat of repair amount for repairing his lekage problem has accepted the figure by! Same issuebut the flat from where there is leakage is mine courtshave found that the plaintiff failed! 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