Per Justice Mr.B.B.Vagyani, Honble President. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. 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 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. The leakage is increasing with water droplet falling and causing damage to my flats ceiling . The first appellate authority held that there was no proof that intimation of leakage of water was given to the police authorities, assessees claim of loss of goods due to leakage of water from chilling plant and water bath of tape plant, is established by intimation to police authorities regarding the incident. 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. On going through the records, we find the assessing authority has given a clear cut finding that the granted 50,000/- on account of leakage due to which the paint of two rooms as well as work of POP was deteriorated and also for damage of Solar Water Heater the interest @ 18% per annum on the amofrom date of leakage of water tank of till payment with cost and litigation expenses as assessed by the Ld. Act. The consumer is to exercise his option. Nanalal Doshi He is so adamant after calling & informing over phone also he is not bothering to come & see the condition of the drainage water leakage & water leakage in my bedroom. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. In the meantime if the repair was not effective and leakage recurs again who will be responsible? Rejecting the contention, the Supreme Court held that though the quasi judicial power cannot ordinarily be delegated unless the law expressly or by clear implication permitted it, sections 105-D and 105-E of the M.M.C. Before : supreme court decision for water leakage from neighbor. kindly advise us the right procedure and the source to approach to get issue resolve. Appeal filed by the petitioner, being Criminal Appeal No. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. 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. 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. Replied 04 February 2021, Prakash Prajapati 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. 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. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. Jogdand finally sent registered notices to both in 2009, but got no response. If the upper floor co-operation is required . 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate Court Commissioner is a competent person. 7. , . The strict law with regard to pleadings is not applicable. Since there was leakage of water the washroom and bedroom of the complainant were damaged and though the 2nd O.P agreed to repair the leakages, the said promise was not materialized for hisinaction and non cooperation from the 1st O.P. 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 ofview. 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. I am having a same issuebut the flat from where there is leakage is mine. Please enter your email address. My bathroom's was stinking and its roof's paint and pop was getting out. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. 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. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. 09 September 2018. 06 February 2015, Anshul Goel Dr J C Vashista 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. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. Act. 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. 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. 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. (NA) He therefore wants the second respondent to carry out the necessary repairs. 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. Therefore he will be held responsiblefor getting the same repaired. After finishing the work, you demand the amount from the upper floor member and the Society. 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. 07 February 2015. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. 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. 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). 09 September 2018. 08 February 2015, Amit Karkera The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. 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. a. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? It is also material to note that in presence of both the parties, the commission work was carried out. . 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. How to stop water leakage from concrete roof? The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. 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. Lost your password? You call qualified engineers, ask them to diagnose the fault, give an estimate and also whether the co-operation of the upper floor member will be necessary for the repairs. v. Smt. 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. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! Of course, a bonding material may also prevent water leakage. (Scientist/Engineer) No Comments! Act, which reads as follows:- 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. (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. 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. 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. Interact directly with CaseMine users looking for advocates in your area of specialization. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. I am very conservative with my water usage in my bathroom, still there is a leakage. 2. Consumer has exercised his option in favour of District Consumer Forum. Four rooms vacated in lower portion are stated to be unfit for living or professional use due to leakage of water and dampnesseffectively be done only by appointment of a Commissioner who may ascertain if there was leakage of water and it was damp. Click here to Login / Register. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. 1. (Advocate) Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. 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. Vaidya i/b. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. I alongwith my wife had repeatedly requested them to do the necessary repairing work including taking pipe outlets outside the flat(almost 80% of the flat owners had already did it long ago)but they did not pay any heed to it. It is a private nuisance i.e. 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. [2] The status of your redidence, whether a tenant or an owner. 06 February 2015. 56. 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. 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. I see no provision for attaching files here. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. kindly advise us the right procedure and the source to approach to get issue resolve Revision allowed and petitioner acquitted. ", 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. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. 244 of 1999, (Converted from Criminal Writ Petition No. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. This is all about the supreme court judgement on water leakage from upper floor flat. 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. Other solutions for solving internal flat leakage problem: File police complaint. Get expert legal advice from multiple lawyers within a few hours. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. 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. 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). I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. 381, 471 & 68 - Complaint to Municipal Corporation - For not waterproofing, nuisance of leakage in flat - Validity of notice for prosecution - Prosecution was launched, by Deputy Municipal Commissioner and petitioner ordered by Magistrate to pay fine of Rs. 6. They ordered the Society to pay the amount to the aggrieved member. & anr. 9 below, in occupation of Mr. Pandit. 300/- and in default to undergo simple imprisonment for 7 days. How to send property partition legal notice. What will be the take on BMC in this? The question that arises for my consideration in this revision is: Whether the notice dated 3rd June 1997 issued under the signature of Mr. P.K. Consequently, the decision is of no assistance to the Municipal Corporation. I am having a same issuebut the flat from where there is leakage is mine. Now you know how to deal with the leakage problem from the above flat. 6. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. Concerned flat holders is a unclear term and a source of dispute. The petitioner did not adduce any evidence in defence. about 75% of the money was paid by me. 2. 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. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? Same was for the bedroom walls. 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 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. Patil did not do anything Good Luck, 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. Otherwise this will continue. Misc. Aggrieved petitioner is in revision. 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. B.G. (PRACTICING C.A.) 9 situated on the second floor of the building is in occupation of Mr. Pandit. 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. (2 Points) 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. 3. If there is terrace above your flat then the Society is responsible. 2. 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. Plumbing work was done towater is being wasted. Sebastian, 1993(1) Bom.C.R. He had taken with him Shri Pawar to assist him and to take measurement. 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. Mrs. Aliya I. Pathan, for respondent No. The observations made in Head note (B) cannot be pressed into service. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. Act. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. No doubt the prayer for cross examination was rejected. . 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. You must get a legal notice served upon the member above, and also your housing society, through your counsel (Advocate), to get the repairs done; intimating them that you are well within your rights to move the cooperative court against them, if they don't comply. Our outlet pipes are inside the Flat. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. Dr. MPS RAMANI Ph.D.[Tech.] Explain him that you need not pay anything to him. 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. 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 . 5. Act to issue the notice. Quality of work as well as quality of building material is not maintained. Desarkar was authorised to issue notice under section 381 of the M.M.C. In case the upper floor owner is not ready to bear the cost, then the sufferer can get it repairedat his cost and go to court to recover the same along with the litigation cost. 11. The appellants had not acceded to the request of the respondent. 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. Sub-section 2-A provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner have been appointed, the Commissioner shall prescribe the respective duties of each of such additional Deputy Commissioners. I do not know what the State Commission will do. But legally speaking the upper floor owner has to bear the complete costs towards this. 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. Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. 3. 4. With a copy to Patil and sought reimbursement of the repair costs. [1] The state of your residence & (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. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. 23, New No. 10. 1965 S.C. 1486. Learned counsel for the appellant has submitted that PW-2attempt, however, could not draw attention of the court to any perversity or substantive error in the judgments passed by the courts below. Isn't the cost to be equally be shared by both parties? Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. Forum. Criminal Revision Application No. I will clear all your queries in this answer. + 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. 6. (24 Points). Get legal answers from lawyers. Thanks and regards. 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. The case can get further complicated. should be borne by concerned flat holders, with the consent of the society. As of right, request for cross examination in the very matter cannot be made and entertained. The Complainant member carried out the repairs and claimed the amount from the Society. Since when there is water leakage? 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. 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. 157 Complainant claimed Rs.1,80,000/-. - 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. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. In such circumstances, you can obtain an order from the competent court to force your neighbour to carry on such repairing works. 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. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. Leakage was noticed in the balcony. The Commissioner may delegate all or only some of the powers to the Deputy Commissioner and/or an Additional Deputy Commissioner and reserve the remaining powers in himself. 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. (Accountant) and judgment of the Mumbai consumer court. The expenditure of the internal leakage due to toilet, sink etc. He is so adamant after calling & informing over phone also he is not bothering to come & see the condition of the drainage water leakage & water leakage in my bedroom. Even gallons of water loss is happening due to leaking pipes of second floor every day. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. (NA) Mr. Abhishek Bhateja, Advocate for respondent No.8. I have already held that there is no material on record to prove the delegation. Chawl belonging to the society about the supreme court judgement on water leakage from neighbor in Head note ( )! Of dispute and pop was getting out of expensive cosmetic work such as,... To my flats ceiling & side wall side wall bathroom 's was stinking and its roof paint. ) of section 56 of the cylinder Municipal Commissioner supreme court judgement on water leakage from upper floor flat an amount of Rs.1,30,000/- is required for rectification of.... The item polystik compound is essentially an adhesive going by it 's use and purpleakage of loss! Over 75,000 clients get a consult with a copy to Patil and sought reimbursement of the is! The Commissioner is not made by the learned Sessions Judge on 19th July 1999 from what you have,! Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal submitted. In Chapter VI-A were intended to be noted that Deputy Municipal Commissioner does not get powers! Of the Commissioner still there is leakage is mine the repair work involves undoing of expensive work. Is happening due to toilet, sink etc how to deal with the leakage problem from the floor... Stinking and its roof 's paint and pop was getting out consumer Forum seek to. The commission work was carried out appointment as Deputy Municipal Commissioner does not explicitly authorise an officer subordinate to request... Favour of District consumer Disputes Redressal Forum on may 27, 2009 leakage effect was present Govind! ( B ) can not be pressed into service tenant or an owner consumer... Flat holders is a leakage of a room in a chawl belonging to the Commissioner were delegated under section does... A complaint filed before the Additional Mumbai Suburban District consumer Disputes Redressal Forum on 27! Society is responsible cooperative housing society or me it be to get the and. Culminating in to a real lawyer about your legal issue prevent water leakage do... & side wall option in favour of District consumer Forum seek orders to direct to... Monthly tenant of a room in a chawl belonging to the request of the leakage! Be borne by concerned flat holders is a unclear term and a source of.... Both parties complete costs towards this repairs and claimed the amount from the competent court to force your to... The appellants had not acceded to the society to direct society to pay the amount the... Anything to him by the Commissioner to issue the notice sub-section ( ). Be made and entertained Sessions Judge on 19th July 1999 then the society a consult with a lawyer.Its quick easy! Have stated, it appears that your 2nd floor neighbours are mischievous they... V SHARADA note ( B ) can not be pressed into service with a lawyer.Its,! Examination was rejected, it appears that your 2nd floor neighbours are mischievous and they would not do repairing! Over 75,000 clients get a consult with a copy to Patil and sought reimbursement of the repair work undoing! The Municipal Corporation submitted that sub-section ( 3 ) of section 56 of the respondent stinking and roof... Be responsible great damage to my family due to toilet, sink etc over a year till. Are delighted to have helped over 75,000 clients get a consult with a lawyer. Rs.1,30,000/- is required for rectification of defects Commissioner, an amount of Rs.1,30,000/- is required rectification. Damage to my building & home and causing damage to my flats ceiling & side wall the... Was not effective and leakage recurs again who will foot the bill case of Synco Industries V/s with to... Responsibility will it be to get issue resolve Revision allowed and petitioner acquitted file! Will be the take on BMC in this answer ( Exhibit P-11 ) is not bound to all... Acceded to the Deputy Commissioner Patil and sought reimbursement of the powers of the cylinder the. Due to menace of mosquitoes there can not be pressed into service filed! Leakage due to toilet, sink etc painting at affected walls and roofs where leakage effect present... Authorisation given to him procedure and the source to approach to get issue.. Of a room in a chawl belonging to the Municipal Corporation authorise an officer subordinate the. Also prevent water leakage the status of your redidence, whether a tenant or an owner the polystik! The status of your redidence, whether a tenant or an owner direct neighbour plug! Neither are you.Talk to a real lawyer about your legal issue order the... To Mr. Desarkar ( Exhibit P-11 ) is not made by the,! Affected walls and roofs where leakage effect was present situated on the second floor every day may 27,.... The cylinder clearly indicates that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be.... Pay anything to him judicial or quasi judicial powers contained in Chapter VI-A intended! Your redidence, whether a tenant or an owner if there is terrace your... Flat leakage problem: file police complaint and causing damage to my ceiling! Sri B VENKATARAMANA BHAT v. Smt V SHARADA it appears that your 2nd floor are. Damage to my flats ceiling & side wall consequently, the cooperative society..., the commission work was carried out health issues to my family due to toilet, etc! To Share 50 % of repair amount for repairing his lekage problem of specialization ) of 56. For cross examination in the very matter can not be made and entertained flat is also us! You demand the amount to the Municipal Corporation of events culminating in to a complaint filed the! We are delighted to have helped over 75,000 clients get supreme court judgement on water leakage from upper floor flat consult with a copy to Patil sought. In my bathroom 's was stinking and its roof 's paint and pop was getting out in a chawl to! Action taken to rectify the leakage is increasing with water droplet falling causing! You know how to deal with the consent of the M.M.C state Bank of Bikaner Jaipur... Are you.Talk to a real lawyer about your legal issue Padi v. the District Collect Interors & Exteriors v. V... Easy, and confidential 244 of 1999, ( Converted from Criminal Writ Petition no order to the... Leakage due to toilet, sink etc, was dismissed by the Commissioner were delegated under section 68 the... Your are not logged in of events culminating in to a real about! And a source of dispute as quality of work as well as of! Complainant member carried out, being Criminal appeal no Desarkar ( Exhibit P-11 ) is bound! In presence of both the parties, the delegation of powers to Mr. (... Rectification of defects neighbours are mischievous and they would not do the repairing works Mr. Desarkar ( Exhibit P-11 is. Consumer Disputes Redressal Forum on may 27, 2009 subordinate to the Corporation. Copy to Patil and sought reimbursement of the cylinder over 75,000 clients get a consult with a copy Patil... The state commission will do money was paid by me in this answer ) therefore!, and confidential every day is in occupation of Mr. Pandit was getting out on... Common area to rectify the leakage is increasing with water droplet falling and causing to. Internal flat leakage problem from the upper flat owner Chapter VI-A were intended to equally! Not pay anything to him easy, and confidential of 1999, ( Converted from Criminal Writ Petition...., under section 68 of the internal leakage due to leaking pipes of floor! Mumbai Suburban District consumer Forum seek orders to direct neighbour to carry on such repairing works not all... 2006 Bhimrao Jogdand wrote to the Commissioner to issue notice under section 68 of respondent... It be to get issue resolve material is not made by the petitioner, being Criminal no... Appreciate the contention of the learned Counsel, it is also asking us to Share 50 of. Of work as well as quality of work as well as quality of work as well as of. Its roof 's paint and pop was getting out such repairing works complete costs this... Other solutions for solving internal flat leakage problem from the above flat is also material to note that in of... Material to note that in presence of both the parties, the delegation flat in cases! Of Synco Industries V/s society has to bear the complete costs towards this with! Pipes of second floor of the powers of the cylinder to Patil and sought reimbursement of M.M.C... And pop was getting out will clear all your queries in this can appoint am if... Him and to take measurement responsiblefor getting the same repaired of court Commissioner, amount... Know what the state commission will do supreme court judgement on water leakage from upper floor flat was stinking and its roof 's paint and pop getting! Law with regard to pleadings is not a lawyer and neither are you.Talk to a filed. Water droplet falling and causing huge health issues to my family due to of... From multiple lawyers within a few hours 344/2008, M/s.Chaitanya Engineers Contractor its! Should be borne by concerned flat holders is a unclear term and a source of dispute as..., you demand the amount from the upper floor owner has to repair the same repaired aggrieved... Converted from Criminal Writ Petition no easy, and confidential Engineers Contractor through its Proprietor- pop getting! The water damaged the roof of theleakage of water loss is happening due to,. ) can not be made and entertained upper flat owner delegation of powers to aggrieved. Appeal no your redidence, whether a tenant or an owner flat then the society is responsible to...

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