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. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. 5 Days LIVE GST Certification Course with CA Sachin Jain. 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. 1. (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. You will have to go to a civil court for redressal of your grievances. No Comments! I think the society or the builder should bear the expense. 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. 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.) rights reserved by Moya Homes. Good Luck. Act. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? Plumbing work was done towater is being wasted. 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. The petitioner is an occupier of flats bearing Nos. What will the Society do now? The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Complainant claimed Rs.1,80,000/-. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. It is responsible to pay the complainant, the forum said. 157 We did some treatment and applied anti-leakage solution at roof and walls. 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. 1), to prove the leakage and Mr. P.K. Rate of interest awarded by the District Consumer Forum is on the higher side. this causes damage to the flat below. The society did not act against Bhalchandra Patil. It appears that there was leakage of water from flat Nos. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. 717. Also what are the possible sections under which case can be registered as along with water seepage, mosquito menace and precious water loss is also a problem, Kishor Mehta In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. 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. In the circumstances, that decision is also of no assistance to the respondent. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. 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. 4. Mrs. M.M. Both claimed Jogdands flat was damaged because it had been lying unused for long. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. He had taken with him Shri Pawar to assist him and to take measurement. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. Let us grow stronger by mutual exchange of knowledge. The OP has taken defence that, due to PVC material there was leakage and the OP submitted that the complainant could have used GI pipes its costs: a. What action did you take to stop it?? He spend 2500on that. Be the first one to comment. 1965 S.C. 1486. Before : Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. The leakage is creating nuisance & causing health issue to my family. The leakage is creating nuisance & causing health issue to my family. All rights reserved. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. Even gallons of water loss is happening due to leaking pipes of second floor every day. 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. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. Shastri, for petitioner. a. See you can give a legal notice to the society and the above flat owner asking them to repair the Terrace and seeking damages for the loss if on notice the society and the person fails to repair you can file a suit seeking direction to repair the roof and seeking damages. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. They will deny that they are at fault. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. 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. Act authorises the Commissioner to delegate any of his powers, duties and functions to any Municipal Officer by a general or special order made from time to time. I am having a same issuebut the flat from where there is leakage is mine. 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. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate 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. - One copy of the same should also serve to the Society managing Commitee as well. (CEO) Vaidya i/b. I think the society or the builder should bear the expense, Sir can i get the case no and judgement. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. Give the names of the upper floor member and the Society/Association as opposite parties. kindly advise us the right procedure and the source to approach to get issue resolve It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. 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. Desarkar was authorised to issue notice under section 381 of the M.M.C. My bathroom's was stinking and its roof's paint and pop was getting out. This is all about the supreme court judgement on water leakage from upper floor flat. 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. According to him, the respondent should have gone to the Civil Court to redress his grievance. What will be the take on BMC in this? As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. What action/compensation can be claimed by the flatowner of the flat below . How to complaint against cooperative society? Municipal Corporation of Greater Mumbai Otherwise this will continue. 1. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. (a) Deleted Send him a legal notice and ask him to immediately remedy the leak and also ask of a. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. Please inform: 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. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. 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. 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 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. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . Send a legal notice, review a legal document, etc. The Complainant member carried out the repairs and claimed the amount from the Society. 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. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. 06 February 2015. 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. Item O in A-Z list of repair jobs also practically identical viz : Leakages of water including leakages due to rain water and leakages due to external common pipe line and drainage line v. Smt. Construction work is not carried out as per specification and standard. Leakage was also noticed in the passage leading to bedroom on the northern side. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. Undoubtedly, by section 68 of the M.M.C. 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. Act. , .5,000/- .5,000 complaint. In the result, we pass following order:- 07 February 2015. They have gone on appeal to the State Commission. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. 1. 68. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. (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. 244 of 1999, (Converted from Criminal Writ Petition No. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. This admitted but it is averred that he is in occupation of upper portion. Since O.Ps did not rectify the leakage of water from the plot no.304 of 1st O.P, it not only caused damage to the walls in the washroom and bedroom but also Can't display summary as content is Scanned, Please open the judgment to see full content. 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. (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. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. (Accountant) However, there was no leakage. Replied 25 February 2011. In this agreement, they did not mention parking area details. R.B.POPAT Lawyers are available now to answer your questions. 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 Civil Lawyers at lawrato.com to address the specific facts and details. Moreover, objection was raised to the report of Court Commissioner. 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. Act reads as follows: 2. The appellants had not acceded to the request of the respondent. In my view, the prosecution has failed to prove that Mr. P.K. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. 11 and 12 causing dampness in the roof and walls of flat No. 7. 06 February 2015, Anshul Goel 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. 5. 8. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. If he wants I can give him the case No. Act. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. Appellant could have tendered the questionnaire to the Court Commissioner. 1. Get Expert Legal Advice on Phone right now. 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. Concerned flat holders is a unclear term and a source of dispute. The debate on water infiltration, which opened up between the neighbors, gained a new dimension with the final decision of the 20th Legal Department of the Supreme Court. Fine, if it has been paid, be refunded to the petitioner. I am very conservative with my water usage in my bathroom, still there is a leakage. She hired service of another professional of water leakage s findings of fact arrived at by both the courts below, while dismissing the suit filed by the plaintiff for damages on account of leakage of water in the common wall. 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. FIRST APPEAL NO.1249 OF 2007 Date of filing : 05/10/2007, IN CONSUMER COMPLAINT NO.77/2007 Date of order : 25/03/2009, DISTRICT CONSUMER FORUM, PUNE @ MISC. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. Now, what can you do in this case? Municipal Corporation of Greater Mumbai Vs. P.V. In hisPRAYER The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of indicated in its balance sheet physical loss of certain goods. It created problem in our bathroom's roof and at bedroom's walls. 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.. After his death in 1961, the tenancy devolved on his widow who took in a boarder. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. 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. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. (CEO) 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. Karnik D.G., J. 11. 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 some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. If there is terrace above your flat then the Society is responsible. Leakage was also noticed from the doors and windows. 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. Considering the evidence on record, the Metropolitan Magistrate convicted the petitioner of an offence punishable under section 381 read with 471 of the M.M.C. Who is Responsible to Get Leakage Repair in Society Flats. 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. Forum. Family person took 10 Lakhs amount in 2013 and cheated while signing. Copyrights 2021. B.G. IN THE HIGH COURT OF KARNATAKA AT BENGALURU Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. 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. 12. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. Click here to Login / Register. 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