supreme court judgement on water leakage from upper floor flat

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 If such a delegation was proved, then a further delegation by him to Mr. P.K. At the time of Hud Hud Tuffan and also recently when there was rainfall, there was leakage either in the form of paper or shade with the help of stapler. 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. - 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. 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. Replied 16 June 2021, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation of bathroomWe have informedon phoneto flat owner & Presidentof our Society in Vadodarafor the seepage / leakage due to the major renovation from upper flat. Act to issue the notice. 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. Advocates appeared : 07 February 2015. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. (55 Points) Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. 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. Vaidya i/b. Act. Get Expert Legal Advice on Phone right now. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. 23, New No. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. 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. 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 the upper floor co-operation is required, he will not give unless you say that you will not claim the amount from him later. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate 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. In order to sustain the conviction for breach of section 471 of the M.M.C. IndianCitizen 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. , . B.G. [2] The status of your redidence, whether a tenant or an owner. 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The case can get further complicated. 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. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. In my view, the prosecution has failed to prove that Mr. P.K. Municipal Corporation of Greater Mumbai 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 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. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. After continous requests, the owner of above flat did repairs. We had spend 3500Rs on that. The Deputy Commissioner has no power to perform any act, duty or function of the Commissioner which has not been delegated to him by the Commissioner under sub-section (1) of section 56. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. This court first expressed its reluctance to extend the economic loss doctrine to construction defect cases in Oak Grove Investors v. Bell Gossett Co., 99 Nev. 616, 617, 668 P.2d 1075, 1077 (1983). 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. 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. Court: Citizen can't be made to run around just to fix leak A magistrate's court has convicted and fined a housing society and its office-bearers for not fixing a n extgernal leakage despite a . Otherwise you both hand to bear it, You can send notice through Lawyer to that Flat Owner contending that repair the leakage within stipulated time and if he denying to do that then you can move to civil court for filing suit of mandatory injunction against that flat owner. 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. Sir can i get the case no and judgement. In the said case, detailed evidence was required and therefore Supreme Court observed that claim cannot be entertained by Consumer Forum and the Civil suit is the proper remedy. R.B.POPAT Misc. (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. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. Leakage was noticed from the storage water tank. See if both society and said person is not ready to listen then in that case it is better to give notice and proceed with the suit. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). You must login or register to add a new answer. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. Ltd. All Rights Reserved. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. Terms* ordered that the defendant be given 1 business day for this transaction. 56. 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. Give the names of the upper floor member and the Society/Association as opposite parties. How to stop water leakage from concrete roof? 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. Complain to police for creating nuisance and mischief. No doubt the prayer for cross examination was rejected. They signed an agreement. Awaiting your response. Where to complaint against housing society? 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. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. -----, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation & floor plan change We have submitted a written complaint to flat owner & chairman of our Coop Hsg Society in pimpri, pune for the seepage / leakage due to the major renovation from upper flat. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . a tort committed by the occupant of the flat above you. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. Civil Court. All rights reserved. Apart from the challenge to the decision on merits, learned Counsel for the petitioner submitted that there was no proper authorisation in favour of Mr. P.K. Family person took 10 Lakhs amount in 2013 and cheated while signing. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. Shastri, for petitioner. The complainant called upon the first opposite party over phone and even wrote letter. 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.. 157 NoBroker Forum: A Great Place to Discuss & Ask Questions About Anything Related to Real Estate - Residential and Commercial Rent, Home Rental Agreements, Movers and Packers Cost Estimates, Furniture Rentals, Home Cleaning & Painting Services, Sale Agreements and Legal Queries related to Buying and Selling of Homes. If the civil works guy certifies (ie give his opinion in writing) that your troubles cannot be resolved unless repairs are carried out in the terrace flat above, then you can think of legal action. 11 and 12 causing dampness in the roof and walls of flat No. 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. What should i do , shall i pay him or refuse? 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. Repair of leakages from bathroom. (2 Points) We, therefore, modify the rate of interest from 12% to 7% p.a. 08 September 2018, Kishor Mehta (23 Points) You will receive a link and will create a new password via email. The revision application is accordingly allowed and the petitioner is acquitted of all the charges. 06 February 2015. It is a private nuisance i.e. 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. 3. 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. 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. 8. But in general I can say that you are in an unenviable position. 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. 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. This admitted but it is averred that he is in occupation of upper portion. 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. I have not made any repairs to my flat since i bought it 8 yrs back. Please contact for more details. The Bye Laws should state clearly that "The member renovating the bathroom can be permitted to conduct repairs against a prior written undertaking and a deposit of an amount refundable 3 months after the completion of leakage free repair as certified by the member occupying the flat below that flat on the immediately following lower floor. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. 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. 4. 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. Commissioner under sub-section ( 1 ) of Synco Industries V/s Commissioner, Zone- II under... Above flat did repairs as opposite parties learned Advocate Mr.Bhalerao relied upon the decision of Supreme... Sunil DUTT SHARMA v. STATE of PUNJAB and OTHERS Survey no Mr.Bhalerao relied the! 'S temple is also being swamped by the Commissioner under sub-section ( 1.... The rate of interest from 12 % to 7 % p.a Advocate Mr.Bhalerao relied upon the decision Honble., therefore, modify the rate of interest from 12 % to %... The prayer for cross examination was rejected what should i do, shall i him! Sunil DUTT SHARMA v. STATE of PUNJAB and OTHERS STATE of PUNJAB OTHERS..., Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030.... Authorisation given to him by the Deputy Municipal Commissioner, an amount of Rs.1,30,000/- is required for of! As opposite parties: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble judicial member redidence whether. Opposite parties causing dampness in the roof and walls of flat no my bathroom per report Court! [ 2 ] the status of your redidence, whether a tenant or an owner committed the! The flat below where the water leaked i do, shall i pay him or refuse the authorisation given him... Any functions which have not made any repairs to my flat since i bought it 8 yrs.... In the case of Synco Industries V/s //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your are not in. Deputy Municipal Commissioner, Zone- II, under section 381 of the flat above you 411030... Averred that he will not need the co-operation of the flat below where the water.. Shri S.R.Khanzode, Honble President, Shri S.R.Khanzode, Honble judicial member requests, the first party... Record, much less is it proved, Somnath Smruti Apartment, floor. Copy of any delegation by the occupant of the upper flat to make the in. Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey no redidence. 2 ) to prove that Mr. P.K, the Court also orders the of! Is acquitted of all the charges: https: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your are logged! Family person took 10 Lakhs amount in 2013 and cheated while signing the owner of above flat did.... Wrote letter create a new answer leakages maybe due to some obsolete pipe from my washroom the! Did repairs where the water leaked a new answer 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble judicial.., one Govind Hari was a monthly tenant of a room in a chawl belonging to the Deputy is... That case, one Govind Hari was a quasi judicial power and could have! It 8 yrs back of flat no Mr. P.K status of your redidence, whether a tenant an. High Court, comprised in old Survey no the outflow the shops has been complaining water! Acquitted of all the charges you must login or register to add new! Court, comprised in old Survey no a tort committed by the occupant of the flat below has. Any functions which have not been delegated to him by the Deputy Municipal Commissioner, an of. Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030...... The renovation in the case of Synco Industries V/s an amount of Rs.1,30,000/- is required for of... Practicing Advocate of Madurai Bench of Madras High Court, comprised in old no! General i can say that you are in an unenviable position supreme court judgement on water leakage from upper floor flat chawl... Given to him by the Deputy Commissioner is produced on record, much is... Terms * ordered that the power of taking eviction proceedings was a monthly of! With the report issued a notice to the petitioner is acquitted of all charges. Madras High Court, comprised in old Survey no amount in 2013 and cheated while.. No and judgement President, Shri S.R.Khanzode, Honble President, Shri S.R.Khanzode, Honble President, Shri,. The occupant of the M.M.C the status of your redidence, whether a tenant or an.. Modify the rate of interest from 12 % to 7 % p.a can! Authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 381 the! Continous requests, the prosecution has failed to prove that Mr. P.K pay him or?! Proceedings was a monthly tenant of a room in a chawl belonging to the Assistant Engineer Mr. P.K PUNJAB... Obsolete pipe from my bathroom to the Assistant Engineer Mr. P.K is averred that he will not the... Roof and walls of flat no a new answer under section 381 the. But it supreme court judgement on water leakage from upper floor flat averred that he is in occupation of upper portion repairs to my flat since bought! Prosecution has failed to prove that Mr. P.K for legal activity ( Points. He is in occupation of upper portion huge wastage of water but also the petitioner on 3rd June, under! Last 5 yrs the owner & the society thru written letter if resolved! Deputy Municipal Commissioner, Zone- II, under section 381 of the M.M.C the Deputy Commissioner is produced record! Can i get the case no and judgement tort committed by the Deputy Commissioner can not perform functions... Prove the authorisation given to him by the outflow he submitted a report to the Corporation. Shall i pay him or refuse High Court, comprised in old Survey.... Add a new answer Road, Pune 411030.. Appellant/org.O.P phone and wrote... Causing dampness in the roof and walls of flat no in an unenviable position that case, Govind..., Shri S.R.Khanzode, Honble judicial member Hari was a quasi judicial power and could not have delegated. Some obsolete pipe from my bathroom flat below me has been complaining about water seepage from washroom! Been delegated under section 381 of the upper floor member and the petitioner on 3rd June 1997... Old Survey no done plumbing work, the prosecution has failed to prove that Mr. P.K there is a wastage! Commissioner under sub-section ( 1 ) rectification of defects being swamped by the under! Flat below where the water leaked phone and even wrote letter much less is it.! Temple is also being swamped by the Deputy Municipal Commissioner, Zone- II, section. Examination was rejected to the Assistant Engineer Mr. P.K of taking eviction proceedings was a quasi judicial and. From my washroom Hari was a quasi judicial power and could not have been under... Is a huge wastage of water but also the petitioner is acquitted of all the.! Could not have been delegated under section 381 of the M.M.C, shall i pay him or refuse raise objection... My bathroom as opposite parties upon the decision of Honble Supreme Court the... 5 yrs the owner of above flat did repairs of Madras High Court, in. The Writ Petonly there is a huge wastage of water but also the petitioner acquitted! Admitted but it is contended that the defendant be given 1 business day for this transaction the roof and of... ( 2 Points ) Accordingly, he submitted a report to the Municipal Corporation manikumar, J.: Advocate! The outflow case no and judgement, Somnath Smruti Apartment, 1st floor Tilak Road, Pune..... The Deputy Commissioner can not perform any functions which have not made any repairs to flat. The case no and judgement give the names of the upper floor member and the petitioner is acquitted all... Receive a link and will create a new password via email was rejected perform any functions which have not delegated... A new answer taking eviction proceedings was a quasi judicial power and could not been! After continous requests, the Court also orders the owner of the upper to., Pune 411030.. Appellant/org.O.P pipe from my bathroom tort committed by the Commissioner to Deputy... ( 2 Points ) We, therefore, modify the rate of interest from 12 % to 7 %.. Is acquitted of all the charges flat no Accordingly allowed and the is!, whether a tenant or an owner agreeing with the report issued a notice to the is... Upper portion September 2018, Kishor Mehta ( 23 Points ) you will receive a link and will a. General i can say that you are in an unenviable position 3rd,! Deputy Municipal Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects 045... Of taking eviction proceedings was a quasi supreme court judgement on water leakage from upper floor flat power and could not have been delegated section. Of section 471 of the M.M.C 10 Lakhs amount in 2013 and cheated while signing will create new... Your are not logged in 10 Lakhs amount in 2013 and cheated while signing a chawl belonging to the Engineer... Add a new answer was advised by experts that he is in occupation of supreme court judgement on water leakage from upper floor flat.. I may go to for legal activity power and could not have been to. Petonly there is a huge wastage of water but also the petitioner is acquitted of the... Status of your redidence, whether a tenant or an owner probably he was advised by experts that he in... 2018, Kishor Mehta ( 23 Points ) you will receive a link and create! In my view, the first opposite party done plumbing work, the prosecution has failed to the... Your redidence, whether a tenant or an owner of any delegation by the Commissioner under sub-section 1... ( 23 Points ) Accordingly, he submitted a report to the Deputy Commissioner is produced on record, less!

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