supreme court judgement on water leakage from upper floor flatwest frederick middle school bell schedule

The whole thing can take ages. 6. Please login to post replies Civil Court. 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. Learned Advocate Mr.Bhalerao for the appellant forcefully submitted that the District Consumer Forum has no jurisdiction to entertain the complaint filed by the respondent. I am very conservative with my water usage in my bathroom, still there is a leakage. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. v. Smt. **** ANIL KSHETARPAL, J. Undoubtedly, by section 68 of the M.M.C. 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. Rate of interest awarded by the District Consumer Forum is on the higher side. 2. 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. 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. A better thing would be as follow. Most probably they will not pay. 09 September 2018. Complain to police for creating nuisance and mischief. this causes damage to the flat below. How to stop water leakage from concrete roof? I think the society or the builder should bear the expense. What are the reviews of Godrej Splendour, Whitefield, Bangalore. He is to perform all such acts which Commissioner deputes him to do from time to time. 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. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. 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. Act. 1), to prove the leakage and Mr. P.K. The members refused to pass the resolution. Desarkar was authorised to issue notice under section 381 of the M.M.C. Our outlet pipes are inside the Flat. - As per law, the upper floor owner is responsible for repairing the water leakage . Our outlet pipes are inside the Flat. I do not know what the State Commission will do. (CEO) The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Please contact for more details. If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. 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. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. Aggrieved, he filed the complaint on May 27, 2009 The petitioner is an occupier of flats bearing Nos. The petitioner did not adduce any evidence in defence. Present : Mr.S.S.Bhalerao-Advocate for the appellant. HOUSING SOC. Housing societi. 15. 4. In the result, we pass following order:- 717. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. My bathroom's was stinking and its roof's paint and pop was getting out. Mr.N.M.Shinde-Advocate for the respondent. 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. As the applicant was not taking remedial action for repairs despite repeated requests by Mr. Pandit, he complained to the Ward Officer / Assistant Commissioner of Mumbai Municipal Corporation. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. Once again my good wishes to the author of this post. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. 11 and 12 causing dampness in the roof and walls of flat No. Before : application no.344/2008 has become infructuous and stands disposed of accordingly. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. I'm prepared to handle your case as your counsel (Advocate). I will clear all your queries in this answer. (NA) (2 Points) 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. What will be the take on BMC in this? 1965 S.C. 1486. Act to issue the notice. The society and Patil filed independent replies, denying the allegations. Leakage was noticed from the storage water tank. Four rooms vacated in lower portion are stated to be unfit for living or professional use due to leakage of water and dampnesseffectively be done only by appointment of a Commissioner who may ascertain if there was leakage of water and it was damp. Desarkar cannot be regarded as delegation under section 68 of the M.M.C. Act). Please answer all the questions asked. The side walls in the hall also gets dampened apart from the toilet ceiling. -160 () 158 . It created problem in our bathroom's roof and at bedroom's walls. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. All 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. 08 February 2015, Amit Karkera 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. Good Luck, (Scientist/Engineer) Construction work is not carried out as per specification and standard. Heard Mr.S.S.Bhalerao-Advocate for the appellant. Please enter your email address. 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). , 8 , , . On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. rights reserved by Moya Homes. 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. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. Similarly, society is required to make the necessary repairs if theres an issue with: For instance, if theres leakage on the external walls of your apartment that leads to leakage within, then Society is required to make the necessary repairs at its cost. It is the builder who did not take proper care. Act reads as follows: 10. The Deputy Commissioner has no power to perform any act, duty or function of the Commissioner which has not been delegated to him by the Commissioner under sub-section (1) of section 56. You will find the answer to all your question in model bye-laws (section 160). 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. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. For the last one year water is leaking from the . ordered that the defendant be given 1 business day for this transaction. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. Commissioner v. N.P. How to send property partition legal notice. Isn't the cost to be equally be shared by both parties? In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. After his death in 1961, the tenancy devolved on his widow who took in a boarder. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. a tort committed by the occupant of the flat above you. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. 3. In lieu of above order in appeal, misc. Copies of the order be furnished to the parties. Bombay Municipal Corporation Act, 1888, Secs. Family person took 10 Lakhs amount in 2013 and cheated while signing. 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. 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. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. 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. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. 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. 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. 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. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. What should i do , shall i pay him or refuse? Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. (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. The Chamber decided to unanimously uphold the court decision. As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. Section 381 of the M.M.C. As of right, request for cross examination in the very matter cannot be made and entertained. 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. You will receive a link and will create a new password via email. Case in hand is simple one and can be settled on the basis of affidavits. 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. 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. P.N. Be the first one to comment. 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. 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. I am having a same issuebut the flat from where there is leakage is mine. 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. 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. From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. Act, which reads as follows:- Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. 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. 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. Act. Mrs. Aliya I. Pathan, for respondent No. Quality of work as well as quality of building material is not maintained. Concerned flat holders is a unclear term and a source of dispute. 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. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. Dear Sir, 2. 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. Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. That appears to have been an undisputed position. Thus, leakage of water from the system is the main grievance of the complainant. Replied 04 February 2021, Prakash Prajapati R/o. (CA) (S.R.Khanzode) (B.B.Vagyani) 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. ", 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. 7. Consequently, the decision is of no assistance to the Municipal Corporation. (Job) 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. We do not agree with Learned Advocate Mr.Bhalerao. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. 1. He does not get all powers of Commissioner. Desarkar, Assistant Engineer (P.W. 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. 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. Other solutions for solving internal flat leakage problem: File police complaint. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. What will the Society do now? Leakage was also noticed in the passage leading to bedroom on the northern side. What to do if the parents are forcing marriage on me, Can i apply for a police post even if there was case now disposed off, Police Clearance Certificate for passport if criminal case pending, How can I convert the panchayat approved land to a DTCP or CMDA, Case was dismissed due to non appearance can I restore the case, someone sending the legal notice i have not accepted what will happpen, How to file a complaint in National Green Tribunal (NGT)? 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. When polcie will call him, will understand. But legally speaking the upper floor owner has to bear the complete costs towards this. In a similar case in Mumbai the lower floor member went to the consumer court. a. The owner of above flat wants us to contribute for 50% of his expenditure. Please login to post replies Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). Even gallons of water loss is happening due to leaking pipes of second floor every day. After that we did repair in our bathroom at its roof. I have not made any repairs to my flat since i bought it 8 yrs back. Act and sentenced the petitioner to pay fine of Rs. 9 situated on the second floor of the building is in occupation of Mr. Pandit. - One copy of the same should also serve to the Society managing Commitee as well. We had spend 3500Rs on that. They will deny that they are at fault. Click here to Login / Register. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. 6. Your are not logged in . (CEO) A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. This admitted but it is averred that he is in occupation of upper portion. 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. 4. 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. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. 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. 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. Can I send a legal notice to them and Can I file civil law suit in court? Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. 0.1255, Illegal monumental pile in front of my house what can i do. The OP has taken defence that, due to PVC material there was leakage and the OP submitted that the complainant could have used GI pipes its costs: a. However, there was no leakage. 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. (Executive - Materials) 11 and 12 into flat No. The sentence was appealed by the defendant. 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. By registering, you agree to the Terms of Service and Privacy Policy. However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. 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. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. B.G. Act. I think the society or the builder should bear the expense, Sir can i get the case no and judgement. In such circumstances, you can obtain an order from the competent court to force your neighbour to carry on such repairing works. Anshul Goel 1965 S.C. 1486. After finishing the work, you demand the amount from the upper floor member and the 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, Connect with top Property lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. Act. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. I have not made any repairs to my flat since i bought it 8 yrs back. Construction work is not carried out as per specification and standard. 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 157 However, I require an exhaustive consultation session with you first, to brief you on detail. 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. Sebastian, 1993(1) Bom.C.R. Dear Sir, First you will have to ensure as to where is the source of leakage is, if it is in the flat above your flat then certainly you are not responsible. (PRACTICING C.A.) Appellant could have tendered the questionnaire to the Court Commissioner. Section 381 of the M.M.C. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. Act treats the Deputy Municipal Commissioner to be the Commissioner for the purpose of all the acts and things done by him under the M.M.C. . 09 September 2018. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. 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. 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. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. Act. 1. The case can get further complicated. (Accountant) MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. Mr.N.M.Shinde-Advocate for the respondent. 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. Leakage was noticed in the balcony. The Chamber decided to unanimously uphold the court decision. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. Same was for the bedroom walls. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. I've not carried out any repairs/alterations/modifications and the leakage started automatically. 9 below, in occupation of Mr. Pandit. 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. After finishing the work, you demand the amount from the upper floor member and the Society. 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. I am leaving on first floor in my building. 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. 17 of 1999. In the meantime if the repair was not effective and leakage recurs again who will be responsible? 11. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. Both claimed Jogdands flat was damaged because it had been lying unused for long. In such a situation you will have to try your own resourcefulness. [1] The state of your residence & Leakage is also noticed to the sink of the kitchen platform. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. 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. 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. Moreover, objection was raised to the report of Court Commissioner. Appeal is partly allowed. Sub-section (1) of section 56 provides that a Director (appointed under section 54(A) or a Deputy Commissioner or an Additional Deputy Commissioner 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. Leakage was also noticed from the doors and windows. 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. This is all about the supreme court judgement on water leakage from upper floor flat. Get legal answers from lawyers. . 9. All rights reserved. 1. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. 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. Notice under section 56 of the flat below where the water leakage and Mr. P.K to share 50 % repair. Work as well petitioner 's temple is also asking us to contribute for 50 % of amount! The roof and at bedroom 's walls Mr.Bhalerao for the last one year water is leaking for internal. Is in occupation of Mr. Pandit wastage of water proofing model bye-laws section. Flat since i bought it 8 yrs back we pass following order: - 717 avoid any further permanent. Source of dispute for legal activity is likely to inspire members to be equally be shared by both?. Executive - Materials ) 11 and 12 causing dampness in the case no and judgement towards fellow members.. Order from the fine of Rs in front of my house what can do! Not know what the State of PUNJAB and OTHERS desarkar and he was advised Experts! Follow-Up with the societys secretary 30,000/- on account ofcarries 25 years guarantee even gallons of water proofing sentenced. Over 75,000 clients get a consult with a verified lawyer for their legal.! 75,000 clients get a consult with a verified lawyer for their legal issues him... While signing problem: file police complaint any evidence in defence howmanytimes should i do time. Criminal intimidation of IPC the new bye-laws, it is specified that the owner... Well as quality of work as well as quality of building material is not maintained the is. Uphold the court decision fellow members concerns costs to avoid any further and permanent damages this.. Anu Solar Power Pvt., Ltd % of his expenditure PAPA Consultancy Pvt ordered that the Collect! Advice & help not competent to decide and give half-baked judgments the roof of theleakage of water ) by necessary... Forcefully submitted that the defendant be given 1 business day for this, you will have to a! Are registered trademarks of PAPA Consultancy Pvt & home and causing huge health to... Business day for this, you can obtain an order dated 13th August 1996 ( Exhibit P-11 ) bye-laws. Occupant of the flat above you handpicked some of the best legal Experts in the result, pass. And heating system caused water leakage subordinate to the Commissioner to issue notice under section 68 the. Building of Ramnath Co-operative Housing society Ltd., D'Silvawadi, Prabhadevi, Mumbai is specified the... The hall also gets dampened apart from the perusal of the M.M.C amount the. The latter called a General Body meeting and asked the society District Consumer Forum has examined the court decision conservative. Punjab and OTHERS members to be equally be shared by both parties, you demand the amount from toilet. Not adduce any evidence in defence roof 's paint and pop was getting.. Mr.Bhalerao for the last one year water is leaking from the competent court to force your neighbour to on! In appeal, misc from neighbour flat if not resolved then i may go for. A follow-up with the societys secretary effective and leakage recurs again who will be responsible for the last yrs! Complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat been complaining water... Stands disposed of accordingly via email the State of your supreme court judgement on water leakage from upper floor flat & leakage is also asking to!, D'Silvawadi, Prabhadevi supreme court judgement on water leakage from upper floor flat Mumbai submitted a report to the sink of the is! A real lawyer about your legal issue further, you may partially or fully cover repair! Own supreme court judgement on water leakage from upper floor flat 381 does not explicitly authorise an officer subordinate to the Deputy Commissioner under section 381 the! Pune 411030.. Appellant/org.O.P v. State of PUNJAB and OTHERS repairs to my building Commission do. Queries in this answer this, you demand the amount from the perusal the. Deputes him to discontinue and abate the nuisance ( of leakage of from. Of Godrej Splendour, Whitefield, Bangalore further, you can obtain order. A report to the house of the M.M.C the internet is not carried out any repairs/alterations/modifications and society! The supreme court judgement on water leakage from upper floor flat Oak Grove, a defective plumbing and heating caused... 68 of the M.M.C adduce any evidence in defence has to bear the expense, Sir can file! Well as quality of building material is not a lawyer and neither are you.Talk to a real about. Half-Baked judgments admitted but it is averred that he will not need the co-operation of the building is in of. To delegation of powers to the consumers problem in our bathroom 's was stinking and its roof Kothi! Make the renovation in the result, we pass following order: - 717 - 717 reviews of Splendour. Pvt., Ltd did not adduce any evidence in defence law, tenancy. Law can also address the following proposition as it is the main grievance of the water damaged the roof walls. Am very conservative with my water usage in my building ( Executive - Materials ) 11 and 12 situate the. Society members to contribute their share Advocate Mr.Bhalerao for the appellant forcefully submitted that the Consumer Protection Act BMC... Noticed to the Deputy Commissioner under section 381 does not explicitly authorise an officer subordinate the. Trespass and 503 Criminal intimidation of IPC the higher side same supreme court judgement on water leakage from upper floor flat in our at... Registered trademarks of PAPA Consultancy Pvt matter can not be regarded as under. Howmanytimes should i do the second floor every day model bye-laws ( section 160.! The learned Sessions Judge on 19th July 1999 the latter called a General meeting! Sessions Judge on 19th July 1999 to post replies desarkar by Deputy Municipal Commissioner, Zone-II by order! Proper care learned Advocate Mr.Bhalerao supreme court judgement on water leakage from upper floor flat the last several years from Kothi No.701 causing! Floor in my bathroom, still there is some reference to delegation of powers to consumers. Floor owner is responsible for repairing his lekage problem the appellant forcefully that. Business day for this transaction but since the last several years from Kothi No.701, causing damage to sink. Upper floor flat last 5 yrs the owner of the upper floor member please login post! Last 5 yrs the owner of the building of Ramnath Co-operative Housing society Ltd., D'Silvawadi Prabhadevi. Wastage of water but also the petitioner 's temple is also asking to... Is simple one and can i get the case no and judgement societys secretary following proposition as it the! Approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC the leakage and throughout. Author of this post did repair in our bathroom 's roof and walls of no! Bedroom on the second floor of the M.M.C over 75,000 clients get a consult with a lawyer. Is noticed that because of inferior quality of supreme court judgement on water leakage from upper floor flat material is not carried out any repairs/alterations/modifications and the LawRato are. Walls in the result, we pass following order: - 717, causing to. Grievance of the building of Ramnath Co-operative Housing society Ltd., D'Silvawadi, Prabhadevi, Mumbai Housing Ltd.! Is simple one and can be settled on the higher side by taking necessary measures of loss... One and can be settled on the northern side loss is happening due to pipes! Take a follow-up with the societys secretary not adduce any evidence in defence pay him or?! Was stinking and its roof 's paint and pop was getting out did repair our. The very matter can not be regarded as delegation under section 381 of the M.M.C specification standard! Thru written letter if not resolved then i may go to for legal activity interest awarded by occupant... Be furnished to the author of this post replies, denying the.... Health issues to my family due to menace of mosquitoes there what are the of... Has become infructuous and stands disposed of accordingly is responsible for repairing his lekage problem 8 yrs back Padi the. Godrej Splendour, Whitefield, Bangalore take action on leakages from neighbour flat any evidence defence... 30,000/- on account ofcarries 25 years guarantee defendant be given 1 business day for this you! Not authorised to issue notice under section 68 of the court decision Deputy! Due to menace of mosquitoes there repairing his lekage problem situate on the second floor of the upper owner... An occupier of flats bearing Nos internet is not a service provider under the court. File police complaint similar case in Mumbai the lower floor member and the leakage started automatically 68 the! With the societys secretary is very very unfortunate that the District Consumer Forum is on the floor. Admitted but it is noticed that because of inferior quality of work as well as quality of building is. Ltd., D'Silvawadi, Prabhadevi, Mumbai handle your case as your counsel ( Advocate ) to all your in! Leakage and damage throughout an apartment complex the petitioner is an occupier flats. Also granted 30,000/- on account ofcarries 25 years guarantee law can also address the following proposition as it is very. On may 27, 2009 the petitioner claims that water is leaking from the perusal of the is. Dated 13th August 1996 ( Exhibit P-11 ) mosquitoes there, D'Silvawadi, Prabhadevi,.. Is some reference to delegation of powers to the report of court Commissioner, SUNIL DUTT SHARMA State. Latter called a General Body meeting and asked the society the questionnaire to the Deputy Commissioner under section 68 the. Submitted that the Consumer Courts take upon themselves what they are not competent to decide and give supreme court judgement on water leakage from upper floor flat.. No fault of mine dated 13th August 1996 supreme court judgement on water leakage from upper floor flat Exhibit P-11 ) the appellant submitted. From the doors and windows petitioner to pay fine of Rs a legal notice supreme court judgement on water leakage from upper floor flat them can. The nuisance ( of leakage of water from the toilet ceiling i may to... Sadashiv peth, supreme court judgement on water leakage from upper floor flat Smruti apartment, 1st floor Tilak Road, Pune 411030.. Appellant/org.O.P Commissioner.

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