The side walls in the hall also gets dampened apart from the toilet ceiling. 9 situated on the second floor of the building is in occupation of Mr. Pandit. Second floor people are very rude and are not taking any actions even after asking so many times. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. - 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 . Nanalal Doshi 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. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. The revision application is accordingly allowed and the petitioner is acquitted of all the charges. 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. Act. Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. He does not get all powers of Commissioner. 5. Is there a RWA or MC of the CGHS? I think the society or the builder should bear the expense. ", 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. While so, from the last few months, there is a leakage either sides from the water tank and the same was informed to the opposite parties by complainant over phone and he also made number ofinstalled the same. Seepage was noticed in the bathroom, which is below the staircase of the ground floor. (v) Water Storage Tanks, (ix) Terrance and parapet walls (x) Structural repairs of roofs of all flats, (xiv) All leakage of due to rainwater, and leakage due to external Common pipeline and drainage line. If the upper floor co-operation is required . He therefore wants the second respondent to carry out the necessary repairs. From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. Leakage was noticed from the storage water tank. - 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. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit the same to the Society as well as to the flat resident below your flat through Advocate for your safe side. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. 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. 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. 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 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.. Matter pertains to the construction. + 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. Edwing Jeyakumar v. District Collector. 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 . There was some water leakage problem from the flat that was above our flat. Advocates appeared : Civil Court. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. After that we did repair in our bathroom at its roof. 08 February 2015, Amit Karkera P.N. Family person took 10 Lakhs amount in 2013 and cheated while signing. In my view, the prosecution has failed to prove that Mr. P.K. What about instances where a flat owner leaves his water supply taps open and locks the flat. I am having a same issuebut the flat from where there is leakage is mine. Act. , .5,000/- .5,000 complaint. (NA) 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. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. Be the first one to comment. Act. Act). Municipal Corporation of Greater Mumbai Act. Inspite of a sum of Rs.15,000/- received from the complainant the O.P did not carefew days, again it started leakage of water from the bath room thereby exposing to bad and smoul smell. 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. 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. 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. .2,000/-( ) (.28,900 + 19,456) .48,356/- . After continous requests, the owner of above flat did repairs. 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 However, I require an exhaustive consultation session with you first, to brief you on detail. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. She further submitted that by reason of section 56(3) of the M.M.C. All Section 381 of the M.M.C. Learned Counsel for the Municipal Corporation invited my attention to a decision of the Supreme Court in (Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari)1, 1965 DGLS (soft) 26 : A.I.R. Consequently, it is not proved that the petitioner has failed to comply with a legal and valid notice issued under section 381 of the M.M.C. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. Dear Sir, 4. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. What are the reviews of Godrej Splendour, Whitefield, Bangalore. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. Act the Commissioner is empowered to delegate any of his powers, duties and functions conferred upon, assigned or vested in him to any Municipal Officer by a general or special order made from time to time. This repair work shall be carried out immediately and without any delay, if not already carried out.4. I am very conservative with my water usage in my bathroom, still there is a leakage. 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. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. I will clear all your queries in this answer. 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. Is it a DDA flat or society flat in Rohini? 1. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. 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. 11 and 12 into flat No. 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. Vasant S. Naik Petitioner. 06 February 2015. Learned Counsel for the Municipal Corporation also referred to and relied upon a decision of this Court in (Municipal Corporation of Greater Mumbai Vs. P.V. Leakage was also noticed from the eastern, northern, southern and western walls. 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. It is only then that the person can be in breach for non-compliance of the notice. 3. 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. 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. Be the first one to comment. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. 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. 13. (2 Points) You have to file a suit against the flat owner and society for repair of terrace and compensation For damage caused to kitchen and bedroom due to leakage of roof. By registering, you agree to the Terms of Service and Privacy Policy. Before : Now you know how to deal with the leakage problem from the above flat. The strict law with regard to pleadings is not applicable. 23, New No. Complainant claimed Rs.1,80,000/-. In lieu of above order in appeal, misc. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. The prosecution examined Mr. Pawar, Junior Engineer (P.W. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. 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. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. Municipal Corporation of Greater Mumbai Vs. P.V. Act and, therefore, the delegation by the Deputy Municipal Commissioner would be deemed to be delegation by the Commissioner within the meaning of section 68 of the M.M.C. Please inform: Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. If there is terrace above your flat then the Society is responsible. Section 471 of the M.M.C. Did you make any complaint?? The Chamber decided to unanimously uphold the court decision. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. What will the Society do now? 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. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . Copyrights 2021. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. We do not agree with Learned Advocate Mr.Bhalerao. Get legal answers from lawyers in 1 hour. 09 September 2018. Learned Advocate Mr.Bhalerao then submitted that the District Consumer Forum should not have relied upon the report of Court Commissioner, when his request for cross examination was rejected. (2) Provided that - The appellants assured her repair works undertaken by them walls were completed in all aspects. The Court found that it was part of the 2010 Works contracted by the Defendant that the floor of the flat roof was changed and the waterproofing membrane relaid and in the course of changing the floor of the flat roof, the Defendant elevated the floor and caused the original communal soil pipes to be. I'm prepared to handle your case as your counsel (Advocate). The leakage is creating nuisance & causing health issue to my family. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. Forum. Case in hand is simple one and can be settled on the basis of affidavits. 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. The decision of the consumer court was funny. (6975 Points) You have no other option it seems. In every such society residence of one flat out of every four flats faces this problem with no solution. 4. 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. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. How to stop water leakage from concrete roof? Appeal is partly allowed. Mr.N.M.Shinde-Advocate for the respondent. 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. 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. Dr J C Vashista Dear Sir, 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. Please contact for more details. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). In the absence of the proof that the Commissioner had delegated his power to issue notice under section 391 to Deputy Commissioner, the delegation by the Deputy Commissioner to Mr. P.K. 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. 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. (55 Points) Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. Sir, perused your problem in details. Leakage was noticed in the balcony. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. A forteori, an act performed by the Deputy Commissioner without delegation under sub-section (1) of section 56 would not be regarded as done by the Commissioner by reason of the deeming provision contained in sub-section (3) of section 56. Thus, leakage of water from the system is the main grievance of the complainant. 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. 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. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. 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. I have not made any repairs to my flat since i bought it 8 yrs back. 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. Thanks, Amith A 12. 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. Finally I had given a letter to the President/Secretary of the Association to sort out the problem.After inspection of my flat by the board members they were very sympathetic including Secretary/President and tried in many ways to sort out the problem but could not solve it till now.As per Association decision we also agreed to pay 50% of the cost but still the Upper Flat owner is not giving entry to their flat for undertaking the repai, Connect with top Civil lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. Consequently, the decision is of no assistance to the Municipal Corporation. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. 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: Cases cited for the legal proposition you have searched for. 1965 S.C. 1486. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. Act. This admitted but it is averred that he is in occupation of upper portion. Kishor Mehta. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. Section 381 of the M.M.C. 2. The 18th Civil Chamber of the Supreme Court of Appeals, which evaluated the appeal of the parties, overturned the judgment on the grounds that the court in charge of the trial was the Court of Peace. Desarkar cannot be regarded as delegation under section 68 of the M.M.C. We had spend 3500Rs on that. I have already held that there is no material on record to prove the delegation. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. That is not done. Your experience on this site will be improved by allowing cookies. The respondent noticed leakage of water at the spot where the repair had beencarried out by the appellants and she had intimated the fact to the appellants. (b) The Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to the Director or a Deputy Commissioner. Mrs. Aliya I. Pathan, for respondent No. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Sub-section 2-A also provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner are appointed, the Commissioner may prescribe the respective spheres of operation of them meaning thereby he may delegate some powers to the Deputy Commissioner and some powers to the additional Deputy Commissioner or additional Deputy Commissioners and he may retain some powers to himself without delegating them to the Deputy Commissioner or an additional Deputy Commissioner. (Executive - Materials) Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. They will deny that they are at fault. 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. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Our outlet pipes are inside the Flat. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. 6. In order to sustain the conviction for breach of section 471 of the M.M.C. 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. 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. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. 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. The petitioner did not adduce any evidence in defence. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. My question is, when I am going to sign a sale deed, they have to say how much space they allow to be used as a garage. Act and sentenced the petitioner to pay fine of Rs. I am leaving on first floor in my building. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. How to send property partition legal notice. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present.
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