Section 68 of the M.M.C. (6975 Points) 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. 11 and 12 into flat No. Let us grow stronger by mutual exchange of knowledge. 08 September 2018, Kishor Mehta Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. 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. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. 3. Repair of leakages from bathroom. Once again my good wishes to the author of this post. Where to complaint against housing society? 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. Since when there is water leakage? Civil Court of First Instance; With the acceptance of 850 TL of the pecuniary compensation claim, it was decided to be taken from the defendant and given to the plaintiff with the legal interest to be charged as of the date of the case, the claimant's request for surplus, and the rejection of the whole of the moral compensation requested by the plaintiff. The appellants had not acceded to the request of the respondent. .2,000/-( ) (.28,900 + 19,456) .48,356/- . -160 () 158 . - 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. 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. I have not made any repairs to my flat since i bought it 8 yrs back. Patil did not do anything Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. 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 6. - As per law, the upper floor owner is responsible for repairing the water leakage . IN THE HIGH COURT OF KARNATAKA AT BENGALURU All The appellants assured her repair works undertaken by them walls were completed in all aspects. Delegation of powers of Municipal Authorities.- Any of the powers, duties and functions conferred upon, assigned to or vested in the Corporation the Mayor, Commissioner or the General Manager, Brihan Mumbai Electric Supply and Transport Undertaking, by or under this Act, may be exercised, performed or discharged by any Municipal Officer to whom such powers, duties and functions are delegated by the concerned authority by general or special order made, from time to time, in this behalf. The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. , . Judicial Member President, SUSHMITA KALVANKAR supreme court decision for water leakage from neighbor. 10. It is responsible to pay the complainant, the forum said. 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. kindly advise us the right procedure and the source to approach to get issue resolve He therefore wants the second respondent to carry out the necessary repairs. No Comments! Misc. 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. The owner sufferer can approach consumer court also for getting a direction to the upper floor owner to get his toilet or the place from where the leakageor seepage starts to get it repaired. 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. . 2. Revision application allowed. 8. After his death in 1961, the tenancy devolved on his widow who took in a boarder. 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. (Paras 5, 7, 10 & 15) I see no provision for attaching files here. (23 Points) Who is responsible to get leakage repair in society flats? By registering, you agree to the Terms of Service and Privacy Policy. 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. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. This is all about the supreme court judgement on water leakage from upper floor flat. Now you know how to deal with the leakage problem from the above flat. The society and Patil filed independent replies, denying the allegations. 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). 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. How to send property partition legal notice. I am very conservative with my water usage in my bathroom, still there is a leakage. 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. Mr.N.M.Shinde-Advocate for the respondent. 1. Section 381 of the M.M.C. The Final Decree Court has noticed the leakage of water into the premises of the respondent No.1 herein as well as the leakage of water from the su In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. All rights reserved. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. After finishing the work, you demand the amount from the upper floor member and the Society. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. Copies of the order be furnished to the parties. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. 7. Complain to police for creating nuisance and mischief. Appeal filed by the petitioner, being Criminal Appeal No. application no.344/2008 has become infructuous and stands disposed of accordingly. Sub-section (2) further requires the Commissioner to inform the corporation which of the powers or duties he has deputed (delegated) to the Deputy Commissioner. (3) All acts and things performed and done by the Director or a Deputy Commissioner and an additional Deputy Commissioner during his tenure of the said office and in virtue thereof, shall for all purposes be deemed to have been performed and done by the Commissioner. Otherwise this will continue. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. Please contact for more details. Get Expert Legal Advice on Phone right now. Replied 03 January 2021, Swarnava Ghosh v. Smt. Please login to post replies The observations made in Head note (B) cannot be pressed into service. 1965 S.C. 1486. 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.. Subsequent even therefore on which reliance has been placed by opposite party isSection 21 of U.P Act XIII of 1972 even after finding that need of petitioner was genuine and bonafide because on comparative hardship the prescribed authority has only observed that the installed solar water heater to his residential house, it had worked well for seven months. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. The society did not act against Bhalchandra Patil. B.G. You may sue him for: - punishment (mostly for public nuisance). My say is that because of his bathroom leakage problem, we also had to spend 3500Rs at our house for repairs, which was only due to his bathroom leakage problem. 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. Dear Sir, . 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 Alternately the associationis liable to take the responsibility to recover by taking appropriate action against the upper floor owner if the sufferer owner gives a letter to this effect. (PRACTICING C.A.) 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. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. 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. Act to issue the notice. Please login to post replies 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. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Who is the best vastu consultant in India? 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. The revision application is accordingly allowed and the petitioner is acquitted of all the charges. He had taken with him Shri Pawar to assist him and to take measurement. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. It is only then that the person can be in breach for non-compliance of the notice. Of course, a bonding material may also prevent water leakage. 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. 68. application no.1683/2007 for stay stands disposed of. I am very conservative with my water usage in my bathroom, still there is a leakage. How to complaint against cooperative society? Act. The same is made by the Deputy Municipal Commissioner. Mrs. Aliya I. Pathan, for respondent No. 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. District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. The victim apartment resident, who expressed to his neighbor that there was damage in his house and that he had to make the necessary renovation, went to the Civil Court of First Instance because his neighbor did not heed the problem. After finishing the work, you demand the amount from the upper floor member and the Society. Sir, perused your problem in details. Before : Per Justice Mr.B.B.Vagyani, Honble President. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? Building and construction very much falls within the purview of Consumer Protection Act, 1986. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. please expose on this issue what legal action should be taken against this. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? Heard Mr.S.S.Bhalerao-Advocate for the appellant. 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. 5. [1] The state of your residence & Send a legal notice, review a legal document, etc. Dr J C Vashista 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. The prosecution examined Mr. Pawar, Junior Engineer (P.W. 5. 7. That is not done. (2 Points) Hence prosecution without valid notice from Commissioner was not proper. 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. Leakage is also noticed to the sink of the kitchen platform. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Most probably they will not pay. Aggrieved, he filed the complaint on May 27, 2009 Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. Please answer all the questions asked. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? and judgment of the Mumbai consumer court. Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! + 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. 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