supreme court judgement on water leakage from upper floor flat
Even though the seepage is from the side walls, the water seeps into your floor from his house hence he is held responsible for the leakageor seepage. Send a legal notice, review a legal document, etc. Leakage is also noticed to the sink of the kitchen platform. 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. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. Housing societi. Jogdand finally sent registered notices to both in 2009, but got no response. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. You may sue him for: - punishment (mostly for public nuisance). Heard Mr.S.S.Bhalerao-Advocate for the appellant. You will have to bring expert witnesses to prove your point. There was some water leakage problem from the flat that was above our flat. If there is terrace above your flat then the Society is responsible. Get Expert Legal Advice on Phone right now. P.N. 6. (NA) In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. 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. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. 6. Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. 1), to prove the leakage and Mr. P.K. The petitioner did not adduce any evidence in defence. Cases referred : I am leaving on first floor in my building. Book Best Packers & Movers with Best Price, Free Cancellation, Dedicated Move Manager, Get Rental Agreement With Doorstep Delivery, Super Quick & Easy. 2. According to him, the respondent should have gone to the Civil Court to redress his grievance. Once again my good wishes to the author of this post. (CA) 5. We all were waiting for the rainy season and now that the monsoon has finally arrived, there is one issue that many of us are dealing with: Water leakage from the upper floor in society. (Scientist/Engineer) Section 471 of the M.M.C. **** ANIL KSHETARPAL, J. If there is terrace above your flat then the Society is responsible. (2 Points) Then you can go to court to claim the amount. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. 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. 06 February 2015. They will deny that they are at fault. 10. From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. Versus 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. KARNIK D.G., J.: - By this revision application, the petitioner challenges the judgment and Order dated 19th July 1999 passed by the Court of Sessions for Greater Mumbai dismissing Criminal Appeal No. Then you can go to court to claim the amount. 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. The prosecution examined Mr. Pawar, Junior Engineer (P.W. In such a situation you will have to try your own resourcefulness. In my view, the prosecution has failed to prove that Mr. P.K. 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. 1. A/104, Krishna Apt, Amrut Nagar, Mumbra, Thane - 400612) There is constant leakage problem from the upper floor flat because of illegal Washroom they have constructed due to which my whole flat ceiling, household items and Building Structure is getting affected, buckets and pots had to be kept to collect the dripping in the Kitchen. Complain to police for creating nuisance and mischief. The leakage is increasing with water droplet falling and causing damage to my flats ceiling . Consequently, delegation of powers to Mr. Desarkar by the Deputy Municipal Commissioner must be deemed to be delegation made by the Commissioner himself and therefore delegation was valid. I think the society or the builder should bear the expense. v. Smt. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. Seepage was noticed in the bathroom, which is below the staircase of the ground floor. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. They signed an agreement. The Commissioner may delegate all or only some of the powers to the Deputy Commissioner and/or an Additional Deputy Commissioner and reserve the remaining powers in himself. Hence prosecution without valid notice from Commissioner was not proper. After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. After his death in 1961, the tenancy devolved on his widow who took in a boarder. 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. Act reads as follows: It was decided to give the defendant 2 working days to dismantle the bathtub in the bathroom of the defendant's flat, to renew the ceramic coverings and joints, and then to install the acrylic bathtub. 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. The revision application is accordingly allowed and the petitioner is acquitted of all the charges. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. 11 and 12 into flat No. Lawyers are available now to answer your questions. Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. 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. He had taken with him Shri Pawar to assist him and to take measurement. Deshmukh, A.P.P., for respondent No. 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. In every such society residence of one flat out of every four flats faces this problem with no solution. However, I require an exhaustive consultation session with you first, to brief you on detail. 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. 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. Let us grow stronger by mutual exchange of knowledge. Replied 03 January 2021, Swarnava Ghosh This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. - 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. Court Commissioner is a competent person. 2. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. Functions of Commissioner, the Director and a Deputy Commissioner.- (1) The Commissioner, the Director or a Deputy Commissioner or an additional Deputy Commissioner so appointed 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: As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. (CEO) ", 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. It was informed, the defect was in the plumbing work. The society did not act against Bhalchandra Patil. She submitted that the powers were delegated to Mr. P.K. 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. (23 Points) This is all about the supreme court judgement on water leakage from upper floor flat. Per Justice Mr.B.B.Vagyani, Honble President. 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 1. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. 08 September 2018, Kishor Mehta Thanks, Amith A I've not carried out any repairs/alterations/modifications and the leakage started automatically. How to complaint against cooperative society? It is responsible to pay the complainant, the forum said. I have booked an apartment together with a garage in Serampore, West Bengal. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. 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