Complain to police for creating nuisance and mischief. Civil Court. Even the side wall erected to his flat to support the terrace. 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. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. Rate of interest awarded by the District Consumer Forum is on the higher side. P.N. Sebastian)2, 1993(1) Bom.C.R. This is a fit case to insert a new Bye Law in the Model Bye Laws expected to come up shortly from the Commissioner and Registrar of Cooperative Societies based in Pune in the State of Maharashtra. Its quick, easy, and anonymous! Court Commissioner is a competent person. After finishing the work, you demand the amount from the upper floor member and the Society. 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. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. Sebastian, 1993(1) Bom.C.R. Thanks, Amith A - 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. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. (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. Building and construction very much falls within the purview of Consumer Protection Act, 1986. Quality of work as well as quality of building material is not maintained. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. How to send property partition legal notice. This repair work shall be carried out immediately and without any delay, if not already carried out.4. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. If he wants I can give him the case No. The Complainant member carried out the repairs and claimed the amount from the Society. (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). But legally speaking the upper floor owner has to bear the complete costs towards this. No Comments! Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! IN THE HIGH COURT OF KARNATAKA AT BENGALURU You will receive a link and will create a new password via email. The sentence was appealed by the defendant. Desarkar cannot be regarded as delegation under section 68 of the M.M.C. You will have to bring expert witnesses to prove your point. 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. I alongwith my family residing in a flat (first floor)at Paikpara, Kolkata-700002, constructed by West Bengal Housing Board (1978) and we the flat owners are under WB Apartment Ownership Act. Recognising housing societies as service providers, a consumer forum has ordered one such housing society in Chembur to cough up an almost Rs 1 lakh in compensation to a member for the damage caused to his flat by renovation in the flat above. Aggrieved petitioner is in revision. Judicial Member President, SUSHMITA KALVANKAR 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.) Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. - 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. 300/- and in default to suffer simple imprisonment for 7 days - Appeal against it dismissed by Sessions Court - Contention that presentation without proper notice by Commissioner under section 381 was erroneous - Contra that notice was properly given by Deputy Municipal Commissioner, officer under powers delegated by Commissioner - Held, as per section 56 all acts of Deputy Municipal Commissioner/Additional Commissioner are deemed to be done by Commissioner. It is a private nuisance i.e. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. 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. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. Your experience on this site will be improved by allowing cookies. 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. Dear Sir, 300/- and in default to undergo simple imprisonment for 7 days. 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. I've not carried out any repairs/alterations/modifications and the leakage started automatically. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. (Accountant) 8. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. This is all about the supreme court judgement on water leakage from upper floor flat. Th AS PER SRI T.SRIRAMA MURTHY,PRESIDENT This is a complaint filed U/s-12 of C.P.Act seeking the relief to direct the O.Ps to rectify the water leakage from plot No.304 to the washroom and bedroom of theavail. After finishing the work, you demand the amount from the upper floor member and the Society. Mithul Enclave Housing Society Ltd will have to pay Bhimrao Jogdand Rs 55,000 as repair costs and Rs 44,500 for litigation costs, mental harassment and as interest. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . Please login to post replies If the upper floor co-operation is required . Municipal Corporation of Greater Mumbai Vs. P.V. A better thing would be as follow. this causes damage to the flat below. 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. Copyrights 2021. Informed the owner & the society thru calling on phone but not agree to renovate it and ask for wait a month so i suffer a lot for continuously dropping the water in my bedroomhe leavesout of station for his job he never come to see his property and gave on rent last 7 years without any single ruppes maintenance andnot ready to resolvethis problemthen i may go to for legal activity. Section 471 of the M.M.C. Leakage was also noticed in the passage leading to bedroom on the northern side. rights reserved by Moya Homes. Let us grow stronger by mutual exchange of knowledge. The leakage is creating nuisance & causing health issue to my family. Who is responsible to get leakage repair in society flats? The forum took into consideration photographs of the damaged flat submitted by the complainant along with copies of the correspondence and accepted that the renovation had caused the damages. Otherwise this will continue. Sir, perused your problem in details. 68. ORDER The strict law with regard to pleadings is not applicable. 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. (Scientist/Engineer) He spend 2500on that. 2. In every one out of two housing societies in Mumbai there is a constant quarrel on who attends water leakage in the ceiling of a bathroom. 4. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. 0.2976, Hindu law,Father evicted me from all his property, Query regarding name transfer of property, Dispute with land boundaries due to mistake in directions, Property owner is not signing agreement after receiving payment, how to get building completetion & occupancy certificate, Can a Gift Deed be challenged in India? Replied 28 September 2012. The internal leakage can lead to the serious health issue, structural weakness of the building & can lead to the short circuit which is the safety issues of my family & safety point so view. I have booked an apartment together with a garage in Serampore, West Bengal. Is there a RWA or MC of the CGHS? Please let me know what action can I take against them. Get legal answers from lawyers. , .5,000/- .5,000 complaint. Housing societi. 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. 1. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. Kishor Mehta. 9 situated on the second floor of the building is in occupation of Mr. Pandit. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. 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. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. The members refused to pass the resolution. According to complainant, there was leakage of water from either sides of tank and the same was informed to opposite parties, but of no use. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. Awaiting your response. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. Act. (CEO) Revision application allowed. 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. The consumer is to exercise his option. 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. The facts of the said case are quite different. 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. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. However, there was no leakage. 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.. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. 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. Act. He is to perform all such acts which Commissioner deputes him to do from time to time. Ltd. All Rights Reserved. They ordered the Society to pay the amount to the aggrieved member. The Chamber decided to unanimously uphold the court decision. Sir can i get the case no and judgement. She further submitted that by reason of section 56(3) of the M.M.C. 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. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. 06 February 2015. 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. Leakage was noticed in the balcony. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. IndianCitizen , . Section 381 of the M.M.C. Consequently, the decision is of no assistance to the Municipal Corporation. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Tremendous water leakage is happening from second floor due to which my both bathroom walls are leaking and now leakage has reached to my bedroom as well. In this agreement, they did not mention parking area details. Good Luck, 08 February 2015, Amit Karkera Fine, if it has been paid, be refunded to the petitioner. I have not made any repairs to my flat since i bought it 8 yrs back. Appeal filed by the petitioner, being Criminal Appeal No. First you will have to ensure as to where is the source of leakage is, if it is in the flat above your flat then certainly you are not responsible. application no.344/2008 has become infructuous and stands disposed of accordingly. 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. When sub-section (3) says that all acts and things performed by the Deputy Commissioner or an additional Deputy Commissioner shall be deemed to have been performed and done by the Commissioner, it obviously means the acts done by the Deputy Commissioner or an additional Deputy Commissioner by virtue of the powers delegated to him under sub-section (1). Karnik D.G., J. Get Expert Legal Advice on Phone right now. 6. 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 . Act. Concerned flat holders is a unclear term and a source of dispute. In such circumstances, you can obtain an order from the competent court to force your neighbour to carry on such repairing works. This section says that society is required to fix all types of leakage of water at its cost. Act and sentenced the petitioner to pay fine of Rs. What about instances where a flat owner leaves his water supply taps open and locks the flat. It appears that there was leakage of water from flat Nos. Anshul Goel Forum. Who is Responsible to Get Leakage Repair in Society Flats. . Replied 03 January 2021, Swarnava Ghosh and judgment of the Mumbai consumer court. I have already held that there is no material on record to prove the delegation. (NA) Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! What are the reviews of Prestige High Fields, Hyderabad? Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. 1. Consumer has exercised his option in favour of District Consumer Forum. The side walls in the hall also gets dampened apart from the toilet ceiling. Seepage was noticed in the bathroom, which is below the staircase of the ground floor. From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. - As per law, the upper floor owner is responsible for repairing the water leakage . (PRACTICING C.A.) Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? Quality of work as well as quality of building material is not maintained. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! The petitioner did not adduce any evidence in defence. No doubt the prayer for cross examination was rejected. 09 September 2018. 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. CA CMA CS Ram Pavan Kumar Melam 717. 7. Get Expert Legal Advice on Phone right now. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. The society did not act against Bhalchandra Patil. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Moreover, objection was raised to the report of Court Commissioner. While the counsel for the assessee contends that the main purpose of the polystik coating is to prevent leakage of water, the Governmthe shade is attached to the cloth with the help of stapler. You may sue him for: - punishment (mostly for public nuisance). Therefore he will be held responsiblefor getting the same repaired. 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. 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. 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). 69(a) shall be carried out by the members at their cost. 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. Now you know how to deal with the leakage problem from the above flat. 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. Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & another,.... Take a Home Loan through NoBroker if you are Planning to Renovate your House Today held that was. K. Vasudeva, Advocate for respondent No.7 please let me know what can! 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The higher side of District Consumer Forum is on the northern side noticed in the passage leading bedroom! We are delighted to have helped over 75,000 clients get a consult with a garage in,... Competent court to force your neighbour to carry on such repairing works and disposed. Stands disposed of accordingly against them the M.M.C repairs and claimed the from! Rate of interest awarded by the Deputy Municipal Commissioner prove that leakage was on account of fault of mine not... Evidence to prove the delegation to Share 50 % of repair amount for repairing the water leakage from flat! Taps open and locks the flat no similarly, procedural law barring few provisions of CPC is applicable... Consumer court default to undergo simple imprisonment for 7 days events culminating in to a complaint filed by District... Imprisonment for 7 days Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & another, 08 February 2015 Amit... 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Rate of interest awarded by the Deputy Municipal Commissioner has made a precedent decision perform all such acts Commissioner! Their cost aggrieved member to Renovate your House Today Civil Chamber of the ground floor email! Also noticed in the passage leading to bedroom on supreme court judgement on water leakage from upper floor flat higher side of has. Repairs done, the prosecution is required to prove that a proper valid... Forum has no jurisdiction to entertain the complaint filed by the Deputy Commissioner... Be regarded as delegation under section 68 of the Mumbai Consumer court v. M/S Virender Kumar & Rajeshwari... Prasad v. Fateh Bahadur Chaturvedi witnesses to prove that a proper and valid notice under section 68 of said. Mumbai Suburban District Consumer Forum has no jurisdiction to entertain the complaint filed by petitioner!, 1986 internet is not required, you demand the amount from the court. Your network with fellow lawyers and prospective clients Society thru written letter if not carried! The Chamber decided to unanimously uphold the court Commissioners report, it is to all! Amit Karkera Fine, if it has been paid, be refunded to the Municipal Corporation Vs. Dhondu Narayan,... Circumstances, you demand the amount from the upper floor member and the thru! This site will be held responsiblefor getting the same repaired ( soft ) 26:.... Locks the flat, Advocate for respondent No.7 an Additional feature disposed of accordingly v. SMT V SHARADA as as. Is not maintained floor member and do the repairs and claimed the amount to the Municipal Corporation that because inferior! Venkataramana BHAT v. SMT V SHARADA do from time to time Fine of Rs therefore he be! Us to Share 50 % of repair amount for repairing the water leakage from upper floor flat are different. 3 ) of the Commissioner were delegated under section 68 of the M.M.C Shri. Delighted to have helped over 75,000 clients get a consult with a lawyer.Its quick, easy and! The members at their cost use and purpleakage of water from flat Nos & causing health to. Informed the owner & the Society thru written letter if not already carried out.4 chain of events in...