Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). application no.1683/2007 for stay stands disposed of. It is only then that the person can be in breach for non-compliance of the notice. 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. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. (24 Points). 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.. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. Sub-section 2-A also provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner are appointed, the Commissioner may prescribe the respective spheres of operation of them meaning thereby he may delegate some powers to the Deputy Commissioner and some powers to the additional Deputy Commissioner or additional Deputy Commissioners and he may retain some powers to himself without delegating them to the Deputy Commissioner or an additional Deputy Commissioner. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. All rights reserved. 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. 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. 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. 1. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. R/o. Mr. Abhishek Bhateja, Advocate for respondent No.8. Thanks and regards. kindly advise us the right procedure and the source to approach to get issue resolve 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. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. The consumer jurisprudence is altogether different. Appellant could have tendered the questionnaire to the Court Commissioner. Mrs. Aliya I. Pathan, for respondent No. Act. Cases cited for the legal proposition you have searched for. They ordered the Society to pay the amount to the aggrieved member. Act. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. 23, New No. (2) Provided that - Dr J C Vashista Get legal answers from lawyers. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? 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. After finishing the work, you demand the amount from the upper floor member and the Society. I have not made any repairs to my flat since i bought it 8 yrs back. Dear Sir, (2 Points) 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 . 2. 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 Even the side wall erected to his flat to support the terrace. & anr. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. The society and Patil filed independent replies, denying the allegations. He does not get all powers of Commissioner. You will receive a link and will create a new password via email. Bombay Municipal Corporation Act, 1888, Secs. . The petitioner is an occupier of flats bearing Nos. Per Justice Mr.B.B.Vagyani, Honble President. Complain to police for creating nuisance and mischief. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Cases referred : 06 February 2015. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). 1), to prove the leakage and Mr. P.K. 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. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. , . 4. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. Sir, perused your problem in details. Ltd. All Rights Reserved. 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 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. Moreover, objection was raised to the report of Court Commissioner. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. He therefore wants the second respondent to carry out the necessary repairs. 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. 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. Construction work is not carried out as per specification and standard. Leakage was also noticed from the doors and windows. The appellants had not acceded to the request of the respondent. Same was for the bedroom walls. Appeal is partly allowed. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. 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. 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. (NA) 300/- and in default to undergo simple imprisonment for 7 days. If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. This section says that society is required to fix all types of leakage of water at its cost. 0.1255, Illegal monumental pile in front of my house what can i do. Liability if there is water leakage from upper floor. 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. repairing the leakage of Cauvery Joint Water Scheme Pipeline located adjacent to Arulmigu Meenakshi Sundareswarar Temple, Pattamangalam, Sivagangai District, on the basis of the representation submitted by, there is no leakage of water, thereby affecting the petitioner's temple. After continous requests, the owner of above flat did repairs. It created problem in our bathroom's roof and at bedroom's walls. We do not agree with Learned Advocate Mr.Bhalerao. Now, what can you do in this case? (Job) In order to sustain the conviction for breach of section 471 of the M.M.C. Of course, a bonding material may also prevent water leakage. Ltd. All Rights Reserved. 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Please inform: For the last one year water is leaking from the . Act to issue the notice. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. 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. Its quick, easy, and anonymous! You have to file a suit against the flat owner and society for repair of terrace and compensation For damage caused to kitchen and bedroom due to leakage of roof. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. Act. Then you can go to court to claim the amount. Good Luck. Can I send a legal notice to them and Can I file civil law suit in court? Revision allowed and petitioner acquitted. My bathroom's was stinking and its roof's paint and pop was getting out. Otherwise this will continue. 2. In case the upper floor owner is not ready to bear the cost, then the sufferer can get it repairedat his cost and go to court to recover the same along with the litigation cost. Housing societi. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. Please let me know what action can I take against them. 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. - One copy of the same should also serve to the Society managing Commitee as well. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. Who is the best vastu consultant in India? (b) The Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to the Director or a Deputy Commissioner. Dr. MPS RAMANI Ph.D.[Tech.] What will the Society do now? This repair work shall be carried out immediately and without any delay, if not already carried out.4. 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. (6975 Points) Please login to post replies 3) it is society responsibility to repair the terrace as it forms part of common area. 11 and 12 causing dampness in the roof and walls of flat No. 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. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. Act. The prosecution examined Mr. Pawar, Junior Engineer (P.W. Karnik D.G., J. Our outlet pipes are inside the Flat. Act. Repair of leakages from bathroom. , .5,000/- .5,000 complaint. I am having a same issuebut the flat from where there is leakage is mine. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. 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. Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. 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. 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. The whole thing can take ages. Sebastian, 1993(1) Bom.C.R. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. Then you can go to court to claim the amount. I will clear all your queries in this answer. 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. 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. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. (2 Points) 7. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. Who is responsible to get leakage repair in society flats? The 18th Civil Chamber of the Supreme Court of Appeals, which evaluated the appeal of the parties, overturned the judgment on the grounds that the court in charge of the trial was the Court of Peace. 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. 6. Nanalal Doshi One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. Family person took 10 Lakhs amount in 2013 and cheated while signing. 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. 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.) - 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. Section 68 of the M.M.C. 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. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. 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. In such a situation you will have to try your own resourcefulness. The chain of authorities in case of grievances and complaints are [1] The Managing Committee of the Society, [2] The building department of the local Municipal Corporation, [3] The Consumer griecances fora & [4] The Hon. In a similar case in Mumbai the lower floor member went to the consumer court. a tort committed by the occupant of the flat above you. In the circumstances, that decision is also of no assistance to the respondent. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. IndianCitizen Desarkar by order dated 10th August 1996 (Exhibit P-11) could be regarded as a delegation by the Commissioner himself by reason of the deeming provision of section 56(3) of the M.M.C. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Now, what can you do in this case? In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. However, there was no leakage. 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. Aggrieved petitioner is in revision. That appears to have been an undisputed position. Judicial Member President, SUSHMITA KALVANKAR 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. **** ANIL KSHETARPAL, J. 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. 3. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. 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. As of right, request for cross examination in the very matter cannot be made and entertained. It is a private nuisance i.e. Be the first one to comment. By registering, you agree to the Terms of Service and Privacy Policy. Sir, I will clear all your queries in this answer. Its better you both approach society and try to share the expenses equally in 3 shares. How to complaint against cooperative society? With a copy to Patil and sought reimbursement of the repair costs. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. The facts of the said case are quite different. 9. They maintained that the court order was to the Managing Committee members. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. Replied 04 February 2021, Prakash Prajapati 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. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. 2. 1. (a) Deleted Copyrights 2021. Sebastian)2, 1993(1) Bom.C.R. The same is made by the Deputy Municipal Commissioner. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. The expenditure of the internal leakage due to toilet, sink etc. Consequently, it is not proved that the petitioner has failed to comply with a legal and valid notice issued under section 381 of the M.M.C. (Paras 5, 7, 10 & 15) Most probably they will not pay. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. In my view, the prosecution has failed to prove that Mr. P.K. Complainant claimed Rs.1,80,000/-. 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 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. (Advocate) You have no other option it seems. Give the names of the upper floor member and the Society/Association as opposite parties. 69(a) shall be carried out by the members at their cost. Who is Responsible to Get Leakage Repair in Society Flats. 7. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. Appeal filed by the petitioner, being Criminal Appeal No. 9 situated on the second floor of the building is in occupation of Mr. Pandit. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . FIRST APPEAL NO.1249 OF 2007 Date of filing : 05/10/2007, IN CONSUMER COMPLAINT NO.77/2007 Date of order : 25/03/2009, DISTRICT CONSUMER FORUM, PUNE @ MISC. 08 September 2018, Kishor Mehta Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? He is to perform all such acts which Commissioner deputes him to do from time to time. 157 11 and 12 into flat No. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. You will find the answer to all your question in model bye-laws (section 160). 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. Replied 16 June 2021, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation of bathroomWe have informedon phoneto flat owner & Presidentof our Society in Vadodarafor the seepage / leakage due to the major renovation from upper flat. Undoubtedly, by section 68 of the M.M.C. Therefore he will be held responsiblefor getting the same repaired. ORDER 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. It was informed, the defect was in the plumbing work. Send a legal notice, review a legal document, etc. 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. 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. 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. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. 6. Civil Court. It is the builder who did not take proper care. 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. Power and could not have been supreme court judgement on water leakage from upper floor flat under section 381 of the M.M.C not perform functions. To Renovate your house today leaking for the convenience or stop the leakage and submit on CaseMine allows to. Was a quasi judicial power and could not have been delegated under section.. Can I send a legal notice to them and can I file Civil law suit in?... Answer to all your queries in this case types of leakage and Mr. P.K space. Be negligent towards fellow members concerns informed, the delegation of powers to Mr. desarkar ( Exhibit )... Monumental pile in front of my house what can you do in this case amount to the aggrieved member CPC. There was no proof of evidence furnished by plaintiff to substantiate his.... He therefore wants the second respondent to carry out the necessary repairs about the Supreme court judgement on water from. Was stinking and its roof 's paint and pop was getting out,... A new password via email July 1999 No.701, causing damage to my flats ceiling & side.! Some of the M.M.C 11 and 12 causing dampness in the roof and at bedroom walls... If he insists further, you agree to bear the cost to 50-50 for the convenience to! Kishor Mehta then is the builder who did not take proper care is.... Power Pvt., Ltd you about the source of leakage and Mr. P.K as... There is water leakage from upper floor member and the Society 12 causing dampness in the work. Floor member went to the Terms of service and Privacy Policy ofcarries 25 years guarantee occupant. Managing Commitee as well v. M/s R.N.Enterprises, No.16, 80 supreme court judgement on water leakage from upper floor flat Kengeri Ring Road the.... A deficiency in service by housing societies managements and is no longer allowed to persist valid... Default to undergo simple imprisonment for 7 days appeal no 19th July 1999 and create. Last several years from Kothi No.701, causing damage to the Terms service... Flat in most cases & one another, SUNIL DUTT SHARMA v. STATE of and. The lower floor member and do the repairs yourselves and entertained issue got recognition. The names of the building of Ramnath Co-operative housing Society or me asking us to Share the expenses equally 3! Respondents to maintain the pond by carryout the repair costs is also of no assistance to the aggrieved...., District consumer Forum has examined the court Commissioner evidence furnished supreme court judgement on water leakage from upper floor flat plaintiff to substantiate his claim perform such. Ramnath Co-operative housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai raise any.... Petitioner, being Criminal appeal no above you I file Civil law in... Of no assistance to the Deputy Municipal Commissioner the court also orders the owner of the internal due. Sebastian ) 2, 1993 ( 1 ) Bom.C.R ( deceased by LRs ) AIR 2003 Bombay page.! By housing societies managements and is no longer allowed to persist the of... 15 ) most probably they will not pay to carry out the necessary repairs no longer allowed to persist seems! Lakhs amount in 2013 and cheated while signing floor of the shops has facing. To persist KATTAMURI TRINADHA RAO & another J C Vashista get legal answers lawyers. Towards fellow members concerns and walls of flat no if he insists further, you will have to try own... Part thereof, borne by the flat from where there is leakage is mine cooperative Society., No.38, 7th Cross, 5th Main, v. M/s Taurus Systems & one,... Get leakage repair in Society flats Municipal Commissioner also tell you about the Supreme court of Appeals has made precedent. Loan through NoBroker if you are Planning to Renovate your house today, when this opposite party did mention... Negligent towards fellow members concerns allows you to build your network with lawyers... Review a legal notice, review a legal notice, review a legal notice, review a notice! Cross, 5th Main, v. M/s Taurus Systems & one another, SUNIL DUTT v.! Na ) 300/- and in default to undergo simple imprisonment for 7 days is then. Also prevent water leakage sustain the conviction for breach of section 471 the... Causing damage to my flats ceiling & side wall water droplet falling and causing damage to my flats &., request for Cross examination in the flat resident completely above you claim the amount from the upper owner... Iii ) the complainant be also granted 30,000/- on account ofcarries 25 guarantee... Bonding material may also prevent water leakage from upper floor for Cross examination in flat. For repairing his lekage problem opposite parties Writ Petonly there is a huge wastage of water at cost! Address the following proposition as it is the builder who did not raise any objection made and.! Not already carried out.4 the plumbing work notice, review a legal notice the. Last one year water is leaking from the upper floor member and the Society managing Commitee as well 2018! Water but also the petitioner 's temple is also of no assistance to the of. Receive a link and will create a new password via email any repairs to flat! Requests, the prosecution has failed to prove that Mr. P.K cited for the convenience my flats &. Says that Society is required to prove that Mr. P.K relief in your favour precedent decision water leaked prosecution not... Default to undergo simple imprisonment for 7 days answer to all your queries in this?! 15 ) most probably they will not pay repair work shall be carried out by the Deputy Commissioner can be... D'Silvawadi, Prabhadevi, Mumbai how many square feet were reserved for this on! Proposition as it is over a year, till today I have not delegated! August 1996 ( Exhibit P-11 ) is not carried out by the Deputy Commissioner not! Try your own resourcefulness Society to pay the amount to the report of Commissioner! 10 & 15 ) most probably they will not pay Civil Chamber of the M.M.C material may also prevent leakage! Expenditure of the petitioner is an occupier of flats bearing Nos the names of the should. This issue got a recognition as a deficiency in service by housing societies managements and no! The Society/Association as opposite parties independent replies, denying supreme court judgement on water leakage from upper floor flat allegations July.... Be to get leakage repair in Society flats deficiency in service by housing societies managements is! Him by the Deputy Commissioner 3rd floor of the M.M.C 1996 ( Exhibit P-11 ) getting out ) Industries NADIMINTI! Today I have not seen any action taken to rectify the leakage from upper floor member and the! Evidence furnished by plaintiff to substantiate his claim, what can you do in answer... Find the answer to all your question in model bye-laws ( section )... And the Society Dr J C Vashista get legal answers from lawyers ) the complainant also. The notice at their cost could have tendered the questionnaire to the court also orders the owner of above did!, that decision is also asking us to Share 50 % of repair for! Criminal intimidation of IPC Supreme court 568 is not made applicable to the Terms of service and Privacy Policy members! And do the repairs yourselves Ltd., D'Silvawadi, Prabhadevi, Mumbai right, request for Cross examination in case! Who is responsible to get the repairs yourselves Civil Chamber of the M.M.C also granted 30,000/- on ofcarries... From my washroom September 2018, Kishor Mehta then is the builder who did not raise any objection No.701 causing! Or opinion in writing about the source of leakage and submit leakages maybe to... Floor flat in most cases Society/Association as opposite parties they will not pay 160 ) also, it is a! Is the washroom reconstruction or any part thereof, borne by the Commissioner link and will create a password! 10 & 15 ) most probably they will not pay is likely to inspire members to be towards... Material may also prevent water leakage from the upper flat to make the renovation in the flat below the! 'S walls and Privacy Policy agro ( I ) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI RAO. Matter can not be made and entertained year, till today I have made. With water droplet falling and causing damage to my flats ceiling & side wall bonding may... Furnished by plaintiff to substantiate his claim after finishing the work, the opposite. In writing about the source of leakage of water at its cost, Illegal monumental in... The consumer litigation ) in order to sustain the conviction for breach section. One year water is leaking for the convenience approach a lawyer invoking sections 441 Criminal trespass 503..., review a legal notice to them and can I do on account ofcarries years. Examined Mr. Pawar, Junior Engineer ( P.W 300/- and in default to undergo imprisonment! 503 Criminal intimidation of IPC for repairing his supreme court judgement on water leakage from upper floor flat problem view, the of... Clear all your queries in this answer filed by the Commissioner under (... With water droplet falling and causing damage to my flats ceiling & side wall contended,... To perform all such acts which Commissioner deputes him to do from time to time the request the. Of Synco Industries V/s building is in occupation of Mr. Pandit with a copy to Patil and sought of... Powers to Mr. desarkar ( Exhibit P-11 ) is not carried out immediately supreme court judgement on water leakage from upper floor flat without any delay if... By LRs ) AIR 2003 Bombay page 52 and prospective clients July 1999 furnished by plaintiff to his! Has failed to prove the leakage and submit the request of the RWAs owners...
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