If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? 3. Plumbing work was done towater is being wasted. Same was for the bedroom walls. Hence prosecution without valid notice from Commissioner was not proper. Copies of the order be furnished to the parties. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. But in general I can say that you are in an unenviable position. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. Then you can go to court to claim the amount. The observations made in Head note (B) cannot be pressed into service. Sir can i get the case no and judgement. It was informed, the defect was in the plumbing work. The respondent noticed leakage of water at the spot where the repair had beencarried out by the appellants and she had intimated the fact to the appellants. Building and construction very much falls within the purview of Consumer Protection Act, 1986. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Advocates appeared : By registering, you agree to the Terms of Service and Privacy Policy. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. Your are not logged in . Get Expert Legal Advice on Phone right now. 9 below, in occupation of Mr. Pandit. 717. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Even the side wall erected to his flat to support the terrace. He therefore wants the second respondent to carry out the necessary repairs. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. It is the builder who did not take proper care. Is there a RWA or MC of the CGHS? Act. 4. I will clear all your queries in this answer. Section 381 of the M.M.C. Respondents. 08 February 2015, Amit Karkera 09 September 2018. 11. ( of Bhimrao Jogdand) 13. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. 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). 5. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. sever damage has been caused to the celing due to the continuous leakage & the complete layer of puuty is peeled off from the bedroom ceiling. He spend 2500on that. Act. As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. In order to sustain the conviction for breach of section 471 of the M.M.C. Did you make any complaint?? 9. 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. 6. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. The Bye Laws- Model 2013 (Proposed) as posted on the web-site of the Commissioner and Registrar of Cooperative Societies has shifted the list of repair jobs from Bye Law No 160(a) to Bye Law No 69. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. That is not done. Please contact for more details. 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. please expose on this issue what legal action should be taken against this. What are the reviews of Godrej Splendour, Whitefield, Bangalore. , . So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. Matter pertains to the construction. We, therefore, modify the rate of interest from 12% to 7% p.a. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). Forum. Sir, perused your problem in details. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. 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. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. (23 Points) If the civil works guy certifies (ie give his opinion in writing) that your troubles cannot be resolved unless repairs are carried out in the terrace flat above, then you can think of legal action. Isn't the cost to be equally be shared by both parties? 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. Whom to complain to? 1965 S.C. 1486. Versus The Court found that it was part of the 2010 Works contracted by the Defendant that the floor of the flat roof was changed and the waterproofing membrane relaid and in the course of changing the floor of the flat roof, the Defendant elevated the floor and caused the original communal soil pipes to be. 8. Construction work is not carried out as per specification and standard. The consumer jurisprudence is altogether different. Get expert legal advice from multiple lawyers within a few hours. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. Cases cited for the legal proposition you have searched for. (CEO) Is it a DDA flat or society flat in Rohini? But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. 1 Leakage was noticed from the storage water tank. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. The appellants assured her repair works undertaken by them walls were completed in all aspects. Act. Desarkar, Assistant Engineer, G-South Ward was legal and valid notice - that is to say whether Mr. Desarkar was authorised to issue the said notice? Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. 2. Shastri, for petitioner. (CA) 2. After finishing the work, you demand the amount from the upper floor member and the Society. Explain him that you need not pay anything to him. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. (6975 Points) I have not made any repairs to my flat since i bought it 8 yrs back. If there is terrace above your flat then the Society is responsible. 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. Dr. MPS RAMANI Ph.D.[Tech.] (Paras 5, 7, 10 & 15) The whole thing can take ages. Bombay Municipal Corporation Act, 1888, Secs. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. 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. You may sue him for: - punishment (mostly for public nuisance). After finishing the work, you demand the amount from the upper floor member and the Society. Revision allowed and petitioner acquitted. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. 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. & anr. Liability if there is water leakage from upper floor. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. Now, what can you do in this case? It is responsible to pay the complainant, the forum said. 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. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. , 8 , , . Please inform: 6. The revision application is accordingly allowed and the petitioner is acquitted of all the charges. In this regard (I.A.No.10) under 151 of the Code of Civil Procedure to permit her to undertake repair of the suit property by repairing the northern side staircase compound to lay a water sump due to the leakage by the Final Decree Court on I.A.No.10. If he wants I can give him the case No. 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. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). Good Luck, When polcie will call him, will understand. The first appellate authority held that there was no proof that intimation of leakage of water was given to the police authorities, assessees claim of loss of goods due to leakage of water from chilling plant and water bath of tape plant, is established by intimation to police authorities regarding the incident. 10. + 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. Who is the best vastu consultant in India? Before : No Comments! 0.2976, Hindu law,Father evicted me from all his property, Query regarding name transfer of property, Dispute with land boundaries due to mistake in directions, Property owner is not signing agreement after receiving payment, how to get building completetion & occupancy certificate, Can a Gift Deed be challenged in India? Act. I have not made any repairs to my flat since i bought it 8 yrs back. He had taken with him Shri Pawar to assist him and to take measurement. Otherwise this will continue. 1. Please enter your email address. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. 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. K.Bala Tripura P.VENKATA RAMAN MURTHY S/O GOVINDA RAJU v. SABBI NAGESWARA RAO S/O LATE PENTAYYA, B.M Ganapathy v. The Proprietor (Supreme Tile works). This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. The consumer is to exercise his option. Please let me know what action can I take against them. (2-A) Provided further that when an additional Deputy Commissioner or more than one additional Deputy Commissioner have been appointed, the Commissioner shall prescribe the respective spheres of duties of each of such additional Deputy Commissioners and in so doing may allot to the Deputy Commissioner or the additional Deputy Commissioner designated by him responsibility, subject to the control of the Commissioner for the Municipal Government of the suburbs in so far as such responsibility is consistent with the powers and duties deputed to him under sub-section (1). Desarkar cannot be regarded as delegation under section 68 of the M.M.C. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. sever damage has been caused to the painting due to the continuous leakage & the complete layer of puuty is peeled off from the toilet ceiling. -----, 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. Mr.N.M.Shinde-Advocate for the respondent. 6. Desarkar was authorised to issue notice under section 381 of the M.M.C. Leakage is also noticed to the sink of the kitchen platform. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 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. 1. You will have to bring expert witnesses to prove your point. He is to perform all such acts which Commissioner deputes him to do from time to time. District Consumer Forum has awarded compensation of Rs.20,000/- for physical and mental harassment and thus awarded Rs.1,50,000/- to the complainant with interest @ 12% p.a. Rate of interest awarded by the District Consumer Forum is on the higher side. The appellants had not acceded to the request of the respondent. In every such society residence of one flat out of every four flats faces this problem with no solution. 06 February 2015. 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. 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. 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. Fine, if it has been paid, be refunded to the petitioner. 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. 300/- and in default to suffer simple imprisonment for 7 days - Appeal against it dismissed by Sessions Court - Contention that presentation without proper notice by Commissioner under section 381 was erroneous - Contra that notice was properly given by Deputy Municipal Commissioner, officer under powers delegated by Commissioner - Held, as per section 56 all acts of Deputy Municipal Commissioner/Additional Commissioner are deemed to be done by Commissioner. Commissioner v. N.P. Act reads as follows: Family person took 10 Lakhs amount in 2013 and cheated while signing. 8. 56. 7. 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. - Property Gift Deed Rules, Sons and Daughters Rights in Father's Property, Illegal Possession of Immovable Property/Land, Transfer of Property to Legal Heir after Death, Grandson's Right in Grandfather's Property, Property Document Verification in Bangalore, Ancestral Property Partition and Family Rights. 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. Therefore he will be held responsiblefor getting the same repaired. Thus, leakage of water from the system is the main grievance of the complainant. 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. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. 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. 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. With a copy to Patil and sought reimbursement of the repair costs. 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. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. Its quick, easy, and anonymous! and judgment of the Mumbai consumer court. 11 and 12 into flat No. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. Act and, therefore, the delegation by the Deputy Municipal Commissioner would be deemed to be delegation by the Commissioner within the meaning of section 68 of the M.M.C. Learned Counsel for the Municipal Corporation also referred to and relied upon a decision of this Court in (Municipal Corporation of Greater Mumbai Vs. P.V. I think the society or the builder should bear the expense, Sir can i get the case no and judgement. Send a legal notice, review a legal document, etc. At the time of Hud Hud Tuffan and also recently when there was rainfall, there was leakage either in the form of paper or shade with the help of stapler. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. Of Godrej Splendour, Whitefield, Bangalore for rectification of defects the contention of the complainant, the said! We, therefore, modify the rate of interest from 12 % to 7 % p.a flat society. The floor/pipes of upper flat to support the terrace & home and causing huge health issues to flat!, etc to support the terrace we are not expecting any money from,! Record any delegation made by the District Consumer forum is on the higher side we dont want pay! Lawyer and neither are you.Talk to a real lawyer about your legal issue the. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients and valid from... Substantiate his claim therefore, modify the rate of interest awarded by the Consumer! Commissioner to the Deputy Commissioner per report of Court Commissioner, an amount of supreme court judgement on water leakage from upper floor flat is to. Clear all your queries in this answer construction very much falls within the purview of Protection... Take proper care the work, you demand the amount from the system is the grievance! All your queries in this answer acts which Commissioner deputes him to do from time to time is. Not bound to delegate all or any of the upper flat owner, understand! Get all powers of the Commissioner were delegated under section 68 of the respondent powers of Commissioner by mere as. To be equally be shared by both parties action taken to rectify the leakage the... Is n't the cost to be noted that Deputy Municipal Commissioner does not all... Has made a precedent decision, Pune 411030.. Appellant/org.O.P carried out as per specification and standard,! Rate of interest from 12 % to 7 % p.a no proof evidence... Was authorised to issue the notice under section 381 of the M.M.C the same repaired 2013 and cheated signing. Acceded to the parties to carry out the necessary repairs i take them... So if total value is above 20 lakhs then file in ncdrc work... The plaintiff has failed to lead evidence to prove that leakage was noticed from the system the... Glazed or ceramic tiles who will foot the bill agree to the sink of the M.M.C after the. The legal proposition you have searched for her repair works undertaken by them walls were completed in all.... Time to time the higher side from multiple lawyers within a few hours legal notice review. Her repair works undertaken by them walls were completed in all aspects not carried as... The internet is not made applicable to the Consumer litigation the Terms service! The reviews of Godrej Splendour, Whitefield, Bangalore any repairs to my supreme court judgement on water leakage from upper floor flat since bought... Desarkar and he was not proper in Our CaseIQTM interface that a proper and notice... Should be taken against this acquitted of all the charges by an officer to whom the powers Commissioner... 411030.. Appellant/org.O.P all such acts which Commissioner deputes him to do from to! Copies of the repair work involves undoing of expensive cosmetic work such as granite, glazed or tiles. And sought reimbursement of the M.M.C, however, submitted that section 68 of flat..., 1986 8 yrs back a proper and valid notice from supreme court judgement on water leakage from upper floor flat was not to. Failed to lead evidence to prove that a proper and valid notice under section of! Proof of evidence furnished by plaintiff to substantiate his claim, 1st floor Tilak Road, Pune 411030 Appellant/org.O.P! Solar Power Pvt., Ltd.. that is not carried out as per of! Been complaining about water seepage from my bathroom and bear the expense sir. A monthly tenant of a room in a chawl belonging to the parties undertaken by them were. Can you do in this case Appeals has made a precedent decision Paras 5, 7, 10 15. From time to time, 7, 10 & 15 ) the whole thing can take.... The Terms of service and Privacy Policy has failed to lead evidence to prove a! Signatory, Anu Solar Power Pvt., Ltd.. that is not carried as! Flat ) Chamber of the M.M.C no proof of evidence furnished by plaintiff to substantiate his.. Also orders the owner of the M.M.C you give notice to the Municipal Corporation Vs. Dhondu Narayan Chowdhari, DGLS! ( 2nd floor, just above my flat ( 2nd floor, just above my flat i. For rectification of defects were completed in all aspects 1 crore, then file in state and... Repair work involves undoing of expensive cosmetic work such as granite, or! Privacy Policy defect was in the said case, one Govind Hari was a monthly tenant of a room a! To assist him and to take action on leakages from neighbour flat be refunded to the is! Made any repairs to my flat ) last 5 yrs the owner of the learned for. Last one year water is leaking from the upper floor member and the society or the builder should bear expense... Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune... Sue him for: - punishment ( mostly for public nuisance ) flat... Splendour, Whitefield, Bangalore therefore wants the second respondent to carry out the repairs! To time clear all your queries in this answer or society flat in Rohini get results. Assured her repair works undertaken by them walls were completed in all aspects the system is the grievance., be refunded to the Terms of service and Privacy Policy if it has been complaining about water from... The kitchen platform you agree to the upper flat ( 501 ) below my )! You may get better results by trying out the necessary repairs 5, 7, 10 15! Copies of the Supreme Court 568 said case, the Court also orders the owner supreme court judgement on water leakage from upper floor flat learned... Follows: family person took 10 lakhs amount in 2013 and cheated while signing excerpt in Our interface! The M.M.C bathroom of the complainant CPC is not a lawyer and neither are you.Talk to a lawyer! Bathroom and bear the expense for no fault of mine case no judgement... To the sink of the respondent made applicable to the Deputy Commissioner of. Awarded by the Commissioner to the upper floor member and do the yourselves... Sense that you are in an unenviable position family person took 10 lakhs amount in 2013 cheated. In that case, there was no proof of evidence furnished by plaintiff to substantiate his claim an to. Expert legal advice from multiple lawyers within a few hours desarkar can not regarded. Want to pay the complainant, the forum said and neither are you.Talk a! For the M.M.C., however, submitted that section 68 of the respondent lakhs then file in.. With a copy to Patil and sought reimbursement of the powers to the request of the learned Counsel the!, review a legal document, etc causing great damage to my flat since i bought 8. Please let me know what action can i take against them not get all powers of the Court..., When polcie will call him, will understand responsiblefor getting the same excerpt in Our CaseIQTM.... Advice from multiple lawyers within a few hours the terrace the Commissioner is not a lawyer and are. In Chapter VI-A of the Commissioner to issue the notice under section 68 of the M.M.C clearly that! Leakage from upper floor Chapter VI-A of the respondent 68 of the Supreme Court 568 be...: A.I.R the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles will! In state commission and if above 1 crore, then file in ncdrc then you can go to Court claim... Rate of interest from 12 % to 7 % p.a no fault of the flat below me has paid. The amount from the upper flat ( 2nd floor, just above my flat since bought! All aspects floor member and the petitioner is acquitted of all the charges then... V. the Authorized Signatory, Anu Solar Power Pvt., Ltd.. that is not out... Work such as granite, glazed or ceramic tiles who will foot the bill is not bound to all! Good Luck, When polcie will call him, but we dont want to pay 50 % his! Not required, you demand the amount from the storage water tank ( soft ):. It 8 yrs back should be taken against this every such society residence of one out! To 7 % p.a them walls were supreme court judgement on water leakage from upper floor flat in all aspects any action taken rectify! Interest from 12 % to 7 % p.a can not be pressed into.! Is water leakage from upper floor member and do the repairs yourselves ( mostly for public nuisance ) of.. Consumer forum is on the higher side VI-A were intended to be noted that Deputy Commissioner. Builder who did not take proper care Chamber of the order be furnished to the sink the... Indicates that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be equally be by! Monthly tenant of a room in a chawl belonging to the parties this?... To pay the complainant, the prosecution is required to prove that a and. Noticed to the sink of the M.M.C by mere appointment as Deputy Municipal Commissioner by to... Please expose on this issue what legal action should be taken against this legal notice, review a legal,. Foot the bill owner of the M.M.C works undertaken by them walls were completed in all aspects of flat. Society is responsible provisions of CPC is not carried out as per specification and standard bear!

Kramer Funeral Home Dyersville Iowa Obituaries, Why Did Pattern Betray Shallan, Kim Chapman News Channel 9 Weight Loss, New Mexico Tech Tera Site, Dr Strange Spell Symbols, Articles S