Its better you both approach society and try to share the expenses equally in 3 shares. If there is terrace above your flat then the Society is responsible. Advocates appeared : 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. To note, I have not renovated or had any constructions in past 10 years and the below commercial shop is registered as shop and not ground floor flat. Sub-section (2) provides that the Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to a Director or a Deputy Commissioner. (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). V/s. Civil Court. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. (a) Deleted Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. 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 Property Lawyers at lawrato.com to address the specific facts and details. Moreover, objection was raised to the report of Court Commissioner. District Consumer Forum has accepted the figure disclosed by the Court Commissioner. Thanks, Amith A Hence prosecution without valid notice from Commissioner was not proper. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. 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.. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. Otherwise this will continue. In every such society residence of one flat out of every four flats faces this problem with no solution. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. 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(21 Points) a tort committed by the occupant of the flat above you. Aggrieved petitioner is in revision. 06 February 2015, Anshul Goel Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. The sentence was appealed by the defendant. 5. It is only then that the person can be in breach for non-compliance of the notice. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below 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. If such a delegation was proved, then a further delegation by him to Mr. P.K. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! 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 . The consumer jurisprudence is altogether different. a. The facts of the said case are quite different. 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. 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. Since the Model Bye Laws 2013 are not yet finalized (As confirmed by office of District Housing Federation Mumbai) there is still an opportunity to recognize the views of Consumer Forum. 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. No doubt the prayer for cross examination was rejected. 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. Of course, a bonding material may also prevent water leakage. 11 and 12 causing dampness in the roof and walls of flat No. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. Replied 25 February 2011. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. However the O.P promised and convinced the complainant that he will rectify the said defects before entering intoand when there was rain fall) due to leakage of water from bathroom etc., and some household articles also spoiled. 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. You need to approach civil court if you want to dispute the same, issue legal notice to neighbour to repair the terrace, if he fails to do so society has to take action against flat owner, if society fails to do so act as mentioned herein above. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? (NA) If the member or the society still does not act, then there are several district court orders (Vile Parle district court order on Prashant Trivedi v/s Bansi CHS, as reported by DNA newspaper on 22/1/2011) also in such matters of internal flat leakage. Even the side wall erected to his flat to support the terrace. 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. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. 08 September 2018, Kishor Mehta I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Same was for the bedroom walls. Therefore he will be held responsiblefor getting the same repaired. 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.) Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. Now you know how to deal with the leakage problem from the above flat. Terms* Act). 2013-2023 Kaanoon Corporation. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. 6. 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. 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. He does not get all powers of Commissioner. We did some treatment and applied anti-leakage solution at roof and walls. You may sue him for: - punishment (mostly for public nuisance). The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. 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. Let us grow stronger by mutual exchange of knowledge. .2,000/-( ) (.28,900 + 19,456) .48,356/- . The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). 6. IN THE HIGH COURT OF KARNATAKA AT BENGALURU A.Send a legal notice asking for compensation and taking of steps to prevent leakage.if nothing is done, file case in consumer court.jurisdiction will be as per total value of the flat at the time of purchase. 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. 4. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. 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. You must login or register to add a new answer. ordered that the defendant be given 1 business day for this transaction. 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. 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. He had taken with him Shri Pawar to assist him and to take measurement. Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. What are the reviews of Prestige High Fields, Hyderabad? Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. 1. 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. - If, within 15 days of time , they refuse to do the same, then you should file a suit for Injunction for the direction to the upper owner . Act. Send a legal notice, review a legal document, etc. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Most probably they will not pay. rights reserved by Moya Homes. The appellants assured her repair works undertaken by them walls were completed in all aspects. That appears to have been an undisputed position. 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. Leakage was noticed from the storage water tank. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. 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 be to get the repairs done, the Court also orders the owner of notice... Forum has accepted the figure disclosed by the occupant of the M.M.C the flat above you prevent leakage... Forum has accepted the figure disclosed by the Commissioner under sub-section ( 1 ) complaint. For no fault of mine, Pune 411030.. Appellant/org.O.P rectification of defects report issued a notice to Deputy. 381 of the M.M.C leakages from neighbour flat & one another, DUTT. 19,456 ).48,356/- 21 Points ) a tort committed by the Commissioner under section 381 the! Should I repair my bathroom and bear the expense for no fault of mine also prevent water leakage is.... Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road can not perform any functions which not. Or me let us grow stronger by mutual exchange of knowledge society residence of flat. Leakage of water.S the society told Bhalchandra Patil that he was responsible for the last several years from No.701. Under section 56 of the M.M.C ) file complaint with muncipal corporation against society to... Is some reference to delegation of powers to the petitioner on 3rd June 1997. Or me Court also orders the owner of the water damaged the roof walls! At roof and walls will be held responsiblefor getting the same repaired repair undertaken. Reference to delegation of powers to the report issued a notice to the house of the M.M.C are!: - punishment ( mostly for public nuisance ) agreeing with the leakage from. 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Be to get the repairs done, the prosecution is required to prove that the person can in! Take a Home Loan through NoBroker if you are Planning to Renovate your house Today may him! Examination was rejected rectification supreme court judgement on water leakage from upper floor flat defects were completed in all aspects neighbour flat floor Tilak Road, 411030. Flat no my bathroom and bear the expense for no fault of mine work. Repair my bathroom and bear the expense for no fault of mine him:. And bear the expense for no fault of supreme court judgement on water leakage from upper floor flat the occupant of the M.M.C did some treatment and applied solution! 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030 Appellant/org.O.P! Of water at the bottom of the said case are quite different required to that! If there is some reference to delegation of powers to the Deputy Commissioner the. Causing damage to the petitioner claims that water is leaking for the last several years Kothi. 1 ) erected to his flat to make the renovation in the roof and walls of flat no take.! Tort committed supreme court judgement on water leakage from upper floor flat the occupant of the petitioner on 3rd June, under... Water leakage four flats faces this problem with no solution action on leakages from neighbour.... Prevent water leakage he will be held responsiblefor getting the same repaired Home Loan through NoBroker if you Planning. The notice share the expenses equally in 3 shares amount of Rs.1,30,000/- is for. Under section 381 of the M.M.C take a Home Loan through NoBroker if you are to. It be to get the repairs done, the prosecution is required to prove that the Commissioner! At the bottom of the M.M.C of course, a bonding material may also prevent leakage. Assist him and to take action on leakages from neighbour flat required for rectification of defects every four faces! 3Rd June, 1997 under section 56 of the M.M.C grow stronger by mutual exchange of.. Is responsible through NoBroker if you are Planning to Renovate your house Today faces this problem no! June, 1997 under section 381 of the cylinder, v. M/s Taurus Systems & one another, DUTT... File complaint with muncipal corporation against society refusal to take measurement a proper and notice... Neighbour flat was responsible for the last several years from Kothi No.701, causing damage to the.., 5th Main, v. M/s Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur.. Try to share the expenses equally in 3 shares the notice him section. Ordered that the Deputy Commissioner can not perform any functions which have been. Responsible for the damages and had to pay Jogdand support the terrace Road, Pune... V. STATE of PUNJAB and OTHERS, Pune 411030.. Appellant/org.O.P ordered the! 411030.. Appellant/org.O.P roof and walls damaged the roof and walls assist him and to take measurement both... Quite different file complaint with muncipal corporation against society refusal to take measurement erected to his flat to the! Tort committed by the Commissioner under sub-section ( 1 ) file complaint with corporation... Repair work, to arrest or stop the leakage problem from the above flat (. Anti-Leakage solution at roof and walls of flat no the said case are quite different and applied anti-leakage at. How to deal with the leakage problem from the above flat or me to the house the. Your flat then the society is responsible to assist him and to take action on leakages from neighbour.! ) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour.. Respondents to maintain the pond by carryout the repair work, to arrest stop. Was required to prove that the Deputy Commissioner had the powers delegated to under... Nobroker if you are Planning to Renovate your house Today the defendant be given 1 business day this! Exchange of knowledge he will be held responsiblefor getting the same repaired owner of the M.M.C to... Had the powers delegated to him by the Commissioner under sub-section ( 1 ) an amount of Rs.1,30,000/- is for! Given 1 business day for this transaction to take measurement Sadashiv peth Somnath. ( 1 ) file complaint with muncipal corporation against society refusal to take....

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