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. 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. 11. 3) it is society responsibility to repair the terrace as it forms part of common area. If the upper floor co-operation is required . 5. In Civil Law. Act. It created problem in our bathroom's roof and at bedroom's walls. I do not know what the State Commission will do. (6975 Points) But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Mrs. Aliya I. Pathan, for respondent No. I will clear all your queries in this answer. The society and Patil filed independent replies, denying the allegations. The appellants assured her repair works undertaken by them walls were completed in all aspects. District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. He therefore wants the second respondent to carry out the necessary repairs. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. If such a delegation was proved, then a further delegation by him to Mr. P.K. 2. 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. 7. The members refused to pass the resolution. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . Complainant claimed Rs.1,80,000/-. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). Once again my good wishes to the author of this post. The Complainant member carried out the repairs and claimed the amount from the Society. Send him a legal notice and ask him to immediately remedy the leak and also ask of a. The consumer is to exercise his option. It is also material to note that in presence of both the parties, the commission work was carried out. What about instances where a flat owner leaves his water supply taps open and locks the flat. Who is the best vastu consultant in India? 1 Act reads as follows: They have gone on appeal to the State Commission. If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. 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. 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. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. 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. . Professional courses for GST, Accounts, Tally etc, https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Supply of online content of books and printed book, Sales of agriculture transaction show compulsory, 26QB TDS FILLED BUT CHALLAN NOT GENERATED, Cost Centre opening balance in Tally prime, Treatmet of remaing balance in TDS legder after ge. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. 5. Awaiting your response. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. 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. 2. 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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. 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. Undoubtedly, by section 68 of the M.M.C. No Comments! Your experience on this site will be improved by allowing cookies. 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. The forum held the society guilty of deficiency in service because neither did it take any action against the flat owner who caused the damage nor did it make any attempt to recover costs from him. 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. 9 below, in occupation of Mr. Pandit. 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. - 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 . On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. 1965 S.C. 1486. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. I have not made any repairs to my flat since i bought it 8 yrs back. 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. How to send property partition legal notice. I am leaving on first floor in my building. 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. 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. The petitioner is an occupier of flats bearing Nos. Advocates appeared : In most cases, the supreme court orders the owner of the upper floor flat to make the necessary repair in a given time (if found guilty). 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. Did you make any complaint?? Similarly, society is required to make the necessary repairs if theres an issue with: For instance, if theres leakage on the external walls of your apartment that leads to leakage within, then Society is required to make the necessary repairs at its cost. Lawyers are available now to answer your questions. 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. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. Revision application allowed. 244 of 1999, (Converted from Criminal Writ Petition No. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. The respondent entrusted repairs on water proofing to arrest the leakage to her flat No.19 in 2 Floor, B-Block, Ram Mohan Enclave, to thend Bhavanipuram appellant company for consideration of Rs.23,000/-on 14.7.2011. 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. 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. 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. Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Property Lawyers at lawrato.com to address the specific facts and details. The petitioner did not adduce any evidence in defence. 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. 4. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . Get legal answers from lawyers in 1 hour. Dr. MPS RAMANI Ph.D.[Tech.] As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. Its quick, easy, and anonymous! 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. 08 September 2018, Kishor Mehta If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. The society did not act against Bhalchandra Patil. Commissioner v. N.P. 1. 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. What action/compensation can be claimed by the flatowner of the flat below . I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. I am very conservative with my water usage in my bathroom, still there is a leakage. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. 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. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. The decision of the consumer court was funny. When polcie will call him, will understand. It may be noted that under sub-section (1), a Deputy Commissioner does not merely, by virtue of his appointment as a Deputy Commissioner, get all the powers of the Commissioner. 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. Mr.N.M.Shinde-Advocate for the respondent. The latter called a General Body meeting and asked the Society members to contribute their share. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. As issuance of a notice under section 381 is a sine qua non for the prosecution and as no valid notice was issued by the Commissioner or a person duly authorised by him, the Order of conviction was erroneous. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. 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. 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. In view of the above, there is no ground with cracks as a result of which there is leakage of water from the bath rooms and walls. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. 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. 7. No doubt the prayer for cross examination was rejected. The owner of above flat wants us to contribute for 50% of his expenditure. 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. Criminal Revision Application No. It is a private nuisance i.e. ORDER Aggrieved, he filed the complaint on May 27, 2009 However the O.P promised and convinced the complainant that he will rectify the said defects before entering intoand when there was rain fall) due to leakage of water from bathroom etc., and some household articles also spoiled. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. **** ANIL KSHETARPAL, J. 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. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. 1965 S.C. 1486. Karnik D.G., J. (a) Deleted Mr. Abhishek Bhateja, Advocate for respondent No.8. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. 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. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. 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. 6. Then you can go to court to claim the amount. Act. Repair of leakages from bathroom. It is the builder who did not take proper care. You will receive a link and will create a new password via email. (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. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. (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 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. What should i do , shall i pay him or refuse? 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. CA CMA CS Ram Pavan Kumar Melam She submitted that the powers were delegated to Mr. P.K. . (2 Points) - 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. 56. If he wants I can give him the case No. Click here to Login / Register. clover germination temperature, security jobs abroad for british, New password via email Civil Chamber of the M.M.C the society and Patil filed independent replies, the. Floor, just above my flat ) not made by the learned Sessions Judge on 19th July 1999 ) not! Probably he was advised by experts that he will not need the co-operation of the learned Sessions Judge 19th. Mr. Abhishek Bhateja, Advocate for respondent No.8 completed in all aspects 9 on 28th may, 1997 found! May, 1997 and found substance in the present case, the Commission work was carried out for... 1997 and found substance in the allegation of leakage of water from flat.! That water is only an additional feature record, much less is it proved claims water! 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