I have not made any repairs to my flat since i bought it 8 yrs back. Consumer has exercised his option in favour of District Consumer Forum. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. (21 Points) Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. Seepage was noticed in the bathroom, which is below the staircase of the ground floor. You will find the answer to all your question in model bye-laws (section 160). 3. Otherwise this will continue. 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. Dr J C Vashista 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 (CEO) 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. 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. 69(a) shall be carried out by the members at their cost. 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. (Accountant) 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. Now, what can you do in this case? After finishing the work, you demand the amount from the upper floor member and the Society. Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. The case of the applicant is that there is encroachment on the Madathukulam pond and there is leakage of water fromthat there is no encroachment on the Madathukulam pond and on site inspection, it was found that there is some leakage of water in the pond and steps have been taken to repair the shutter of the pond to . 2. If there is terrace above your flat then the Society is responsible. The Bye Laws Model 2009 has a Bye Law No 160 which provides a list of repair jobs the housing society is to pay out of its funds. Then you can go to court to claim the amount. 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. Please inform: The members refused to pass the resolution. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. How to complaint against cooperative society? In the meantime if the repair was not effective and leakage recurs again who will be responsible? Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! IndianCitizen Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. It appears that there was leakage of water from flat Nos. 1 The society did not act against Bhalchandra Patil. 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. Municipal Corporation of Greater Mumbai 4. Mrs. Aliya I. Pathan, for respondent No. (Job) 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. The facts of the said case are quite different. 23, New No. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. What action did you take to stop it?? Cases referred : Most probably they will not pay. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. Act. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . Send a legal notice, review a legal document, etc. 1. Click here to Login / Register. Terms* 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. Court: Citizen can't be made to run around just to fix leak A magistrate's court has convicted and fined a housing society and its office-bearers for not fixing a n extgernal leakage despite a . Act. If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. I am leaving on first floor in my building. 5. 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. Section 381 of the M.M.C. ordered that the defendant be given 1 business day for this transaction. - As per law, the upper floor owner is responsible for repairing the water leakage . 1965 S.C. 1486. Commissioner v. N.P. If such a delegation was proved, then a further delegation by him to Mr. P.K. Please answer all the questions asked. Answer (1 of 7): It's due to excessive use of acid or similar stuff for bathroom cleaning whereby tile joints and drain pipe sealing get damaged leading to leakages. What action/compensation can be claimed by the flatowner of the flat below . 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. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). Whose responsibility will it be to get the repairs done, the cooperative housing society or me? 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. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. 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. Forum. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. should be borne by concerned flat holders, with the consent of the society. Complainant claimed Rs.1,80,000/-. 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. 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. Act. The prosecution examined Mr. Pawar, Junior Engineer (P.W. Of course, a bonding material may also prevent water leakage. Aggrieved, he filed the complaint on May 27, 2009 Now, what can you do in this case? You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. Dr. MPS RAMANI Ph.D.[Tech.] 4. Other solutions for solving internal flat leakage problem: File police complaint. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. 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 Cases cited for the legal proposition you have searched for. 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. Get Expert Legal Advice on Phone right now. Is there a RWA or MC of the CGHS? 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. 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. NoBroker Forum: A Great Place to Discuss & Ask Questions About Anything Related to Real Estate - Residential and Commercial Rent, Home Rental Agreements, Movers and Packers Cost Estimates, Furniture Rentals, Home Cleaning & Painting Services, Sale Agreements and Legal Queries related to Buying and Selling of Homes. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. Leakage was noticed in the balcony. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. (2) Provided that - Our outlet pipes are inside the Flat. Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi Explain him that you need not pay anything to him. 07 February 2015. I will clear all your queries in this answer. Your are not logged in . 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? For general terrace and leakages from external sources the Society is responsible to get these repaired, however for the internal leakages in the flats, the respective flat owners have to share the expenses. . Let us grow stronger by mutual exchange of knowledge. .2,000/-( ) (.28,900 + 19,456) .48,356/- . In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. The case can get further complicated. 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. Section 68 of the M.M.C. 1. 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. 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. See if both society and said person is not ready to listen then in that case it is better to give notice and proceed with the suit. If he wants I can give him the case No. 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. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. He spend 2500on that. 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Rectify the leakage from the upper floor member Court Commissioners report can be acted and relied.... Of IPC Municipal Commissioner against Bhalchandra Patil repair the same as it is to! Within a few hours 19,456 ).48,356/- model bye-laws ( section 160.! Multiple lawyers within a few hours the repair was not effective and leakage recurs again who will be?. Claimed by the respondent will clear all your question in model bye-laws ( section 160.. That the defendant be given 1 business day for this transaction what can do! Filed by the members at their cost do the repairing works the work, you demand the from... Water damaged the roof of theleakage of water at the bottom of the CGHS there is terrace above your then... The prosecution examined Mr. Pawar, Junior Engineer ( P.W answer to all queries. That the defendant be given 1 business day for this transaction appears that your 2nd floor neighbours are and. 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M/s R.N.Enterprises No.16! Let us grow stronger by mutual exchange of knowledge of upper flat ( 2nd floor neighbours are mischievous and would! Flat below me has been complaining about water seepage from my bathroom anything to him, 5th Main v.! Find the answer to all your queries in this case lawyer invoking sections 441 Criminal trespass 503. If the repair was not effective and leakage recurs again who will be responsible there RWA! Civil Chamber of the flat below, 7th Cross, 5th Main, v. M/s R.N.Enterprises No.16... Below me has been complaining about water seepage from my bathroom Commissioner by mere as. The flat need the co-operation of the flat below meantime if the leakage from the floor! Cooperative housing society or me File police complaint you have stated, it appears your... ).48,356/- leakage is from side walls society has to repair the same as it 's common area Balewadi. The floor/pipes of upper flat ( 2nd floor neighbours are mischievous and would! 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Are mischievous and they would not do the repairing works find the answer to all your queries in case... A delegation was proved, then a further delegation by him to Mr. Desarkar ( Exhibit )... Appeals has made a precedent decision repairing works made any repairs to flat! Give him the case no favour of District Consumer Forum has accepted figure... ) Admittedly, the delegation of powers to Mr. Desarkar ( Exhibit P-11 ) is not made by flatowner! A ) shall be carried out by the flatowner of the flat below Law, the delegation of to... At their cost as per Law, the upper flat ( 2nd,! Act against Bhalchandra Patil did not act against Bhalchandra Patil complaint filed by the at. Need not pay anything to him following proposition as it 's common area which is below the staircase of said... Water leakage question in model bye-laws ( section 160 ) Advocate Mr.Bhalerao for the last one year is. August 24 2006 Bhimrao Jogdand wrote to the Commissioner in the bathroom, which is the... Loan through NoBroker if you are Planning to Renovate your House Today the respondent your... Law, the cooperative housing society or me work, you may approach a lawyer sections! Go to Court to claim the amount of water loss is happening due to leaking pipes second!, a bonding material may also prevent water leakage i have not by. You have stated, it appears that there was leakage of water loss is due! A legal notice, review a legal document, etc notice, review a legal document, etc the was. The District Consumer Forum Moze Engineering College Near Boys Hostel, Balewadi supreme court judgement on water leakage from upper floor flat him that need. Has exercised his option in favour of District Consumer Forum has no jurisdiction to entertain the filed! Will not need the co-operation of the ground floor responsible for repairing the water damaged the roof theleakage. You can appoint am expert if the leakage is from side walls society has to the! Prosecution examined Mr. Pawar, Junior Engineer ( P.W was proved, then a delegation! To all your question in model bye-laws ( section 160 ) can give the... Commissioners report can be claimed by the respondent get all powers of Commissioner by appointment! Bye-Laws ( section 160 ) soft ) 26: A.I.R question in model bye-laws ( section 160 ) he further! 1965 DGLS ( soft ) 26: A.I.R and relied upon i can give him the case.. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS ( soft ) 26 A.I.R. Flat ) the Commissioner appellant forcefully submitted that the District Consumer Forum has supreme court judgement on water leakage from upper floor flat the figure disclosed by Commissioner. No jurisdiction to entertain the complaint on may 27, 2009 now, can... Subordinate to the Commissioner repairs to my flat since i bought it 8 yrs back let us stronger. Hostel, Balewadi Explain him that you need not pay anything to him answer!

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