supreme court judgement on water leakage from upper floor flatsupreme court judgement on water leakage from upper floor flat

State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. They signed an agreement. You will find the answer to all your question in model bye-laws (section 160). 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. That is not done. You have no other option it seems. 6. Complainant Nandakumar Rege, the CEO of Thane District Housing Co-Operative Federation, stated that his flat on the ground floor of Manali building at Abhinav co-operative housing society in . 1. Once again my good wishes to the author of this post. (2-A) Provided further that when an additional Deputy Commissioner or more than one additional Deputy Commissioner have been appointed, the Commissioner shall prescribe the respective spheres of duties of each of such additional Deputy Commissioners and in so doing may allot to the Deputy Commissioner or the additional Deputy Commissioner designated by him responsibility, subject to the control of the Commissioner for the Municipal Government of the suburbs in so far as such responsibility is consistent with the powers and duties deputed to him under sub-section (1). 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. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. a. 08 February 2015, Amit Karkera What will be the take on BMC in this? Now, what can you do in this case? Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI She submitted that the powers were delegated to Mr. P.K. Kishor Mehta. Act. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. Act. 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 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. 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. 5 Days LIVE GST Certification Course with CA Sachin Jain. Get legal answers from lawyers in 1 hour. By registering, you agree to the Terms of Service and Privacy Policy. (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. 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. Repair of leakages from bathroom. (Scientist/Engineer) 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. 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. Get legal answers from lawyers. 08 September 2018, Kishor Mehta There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). - One copy of the same should also serve to the Society managing Commitee as well. Rate of interest awarded by the District Consumer Forum is on the higher side. Forum. 2. (S.R.Khanzode) (B.B.Vagyani) Be the first one to comment. It is only then that the person can be in breach for non-compliance of the notice. Interact directly with CaseMine users looking for advocates in your area of specialization. If there is terrace above your flat then the Society is responsible. 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. Concerned flat holders is a unclear term and a source of dispute. Desarkar cannot be regarded as delegation under section 68 of the M.M.C. V/s. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. (CEO) Sub-section (3) provides that all acts and things performed and done by the Director or the Deputy Commissioner and additional Deputy Commissioner during his tenure of the said office and in virtue thereof shall for all purposes be deemed to have been performed or done by the Commissioner. Please contact for more details. The consumer is to exercise his option. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. If there is terrace above your flat then the Society is responsible. We did some treatment and applied anti-leakage solution at roof and walls. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. All This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. The owner of above flat wants us to contribute for 50% of his expenditure. 17 of 1999. 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. Now, what can you do in this case? Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. 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. 717. On failure of the petitioner to respond the M.M.C., through Mr. Uday Mande, Junior Legal Assistant, launched a criminal prosecution of the petitioner for the alleged offence punishable under section 381 read with 471 of the M.M.C. 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. Present : Mr.S.S.Bhalerao-Advocate for the appellant. 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. ordered that the defendant be given 1 business day for this transaction. 9. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. Aggrieved, he filed the complaint on May 27, 2009 In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. . It was informed, the defect was in the plumbing work. 7. 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. 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. Commissioner v. N.P. - 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 . However, I require an exhaustive consultation session with you first, to brief you on detail. Heard Mr.S.S.Bhalerao-Advocate for the appellant. In this agreement, they did not mention parking area details. Sir, Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. Whom to complain to? Consumer Forums are quasi judicial Forums. The society is also required to fix the roofs of the apartment and ceiling and the plaster thereon on the top floor in case theres a leakage due to rain water. 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. I think the society or the builder should bear the expense. 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. I will clear all your queries in this answer. I alongwith my family residing in a flat (first floor)at Paikpara, Kolkata-700002, constructed by West Bengal Housing Board (1978) and we the flat owners are under WB Apartment Ownership Act. 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. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . 11 and 12 into flat No. Is it a DDA flat or society flat in Rohini? 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. . The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). Mr. Abhishek Bhateja, Advocate for respondent No.8. Good Luck, Who is the best vastu consultant in India? 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. Undoubtedly, by section 68 of the M.M.C. It also observed that despite notices, the society made no attempt to stop the work in Patils flat and neither did it complain to civic authorities. should be borne by concerned flat holders, with the consent of the society. 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. Leakage was also noticed in the passage leading to bedroom on the northern side. Learned Counsel for the Municipal Corporation invited my attention to a decision of the Supreme Court in (Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari)1, 1965 DGLS (soft) 26 : A.I.R. I am very conservative with my water usage in my bathroom, still there is a leakage. District Consumer Forum has accepted the figure disclosed by the Court Commissioner. 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. As of right, request for cross examination in the very matter cannot be made and entertained. 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. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? In a similar case in Mumbai the lower floor member went to the consumer court. You may lodge the complaint with the secretary of your association for taking necessary action in this regard, if this fails to invoke any response, you may issue legal notice to the owner and the secretary after which you can initiate suitable legal action in appropriate legal forum/court. The decision of the consumer court was funny. Aggrieved petitioner is in revision. All rights reserved. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. 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. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. 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. Functions of Commissioner, the Director and a Deputy Commissioner.- (1) The Commissioner, the Director or a Deputy Commissioner or an additional Deputy Commissioner so appointed shall be subordinate to the Commissioner and, subject to his orders, shall exercise such of the powers and perform such of the duties of the Commissioner as the Commissioner shall from time to time depute to him: They will deny that they are at fault. Copyrights 2021. For the last one year water is leaking from the . 4. (Advocate) 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. He is to perform all such acts which Commissioner deputes him to do from time to time. Terms* - Dont worry , you will get relief in your favour. B.G. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. We, therefore, modify the rate of interest from 12% to 7% p.a. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. 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. 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. 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 Now you know how to deal with the leakage problem from the above flat. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. 1. Act. Good Luck. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. In my view, the prosecution has failed to prove that Mr. P.K. Get expert legal advice from multiple lawyers within a few hours, Liability if there is water leakage from upper floor, LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. 8. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. The same is made by the Deputy Municipal Commissioner. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. a tort committed by the occupant of the flat above you. In the absence of the proof that the Commissioner had delegated his power to issue notice under section 391 to Deputy Commissioner, the delegation by the Deputy Commissioner to Mr. P.K. The sentence was appealed by the defendant. It appears that there was leakage of water from flat Nos. 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. Fine, if it has been paid, be refunded to the petitioner. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. Sebastian, 1993(1) Bom.C.R. 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. 2023 LAWyersclubindia.com. Of course, a bonding material may also prevent water leakage. Hence prosecution without valid notice from Commissioner was not proper. 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. A consumer forum here has ordered a flat owner to pay Rs two lakhs to a resident on a floor below his as cost of repairs for leakages and compensation. No Comments! 0.1255, Illegal monumental pile in front of my house what can i do. 23, New No. Copies of the order be furnished to the parties. 3. Moreover, objection was raised to the report of Court Commissioner. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. You will have to bring expert witnesses to prove your point. After continous requests, the owner of above flat did repairs. I have not made any repairs to my flat since i bought it 8 yrs back. I do not know what the State Commission will do. -160 () 158 . 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. ", 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, I alongwith my family residing in a flat(first floor)at Paikpara, Kolkata-700002, constructed by West Bengal Housing Board(1978) and we the flat owners are under WB Apartment Ownership Act. 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. The prosecution examined Mr. Pawar, Junior Engineer (P.W. Vasant S. Naik Petitioner. ( of Bhimrao Jogdand) Jogdand finally sent registered notices to both in 2009, but got no response. Be the first one to comment. You will receive a link and will create a new password via email. 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. He had taken with him Shri Pawar to assist him and to take measurement. 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. Civil Court. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. 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.. 3. Act. If the upper floor co-operation is required . 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. 2. sever damage has been caused to the painting due to the continuous leakage & the complete layer of puuty is peeled off from the toilet ceiling. 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. No doubt the prayer for cross examination was rejected. 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. Informed the owner & the society thru calling on phone but not agree to renovate it and ask for wait a month so i suffer a lot for continuously dropping the water in my bedroomhe leavesout of station for his job he never come to see his property and gave on rent last 7 years without any single ruppes maintenance andnot ready to resolvethis problemthen i may go to for legal activity. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. kindly advise us the right procedure and the source to approach to get issue resolve After finishing the work, you demand the amount from the upper floor member and the Society. [2] The status of your redidence, whether a tenant or an owner. Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. Anshul Goel Same was for the bedroom walls. Revision application allowed. 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. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. Its clause (a)(xiv) reads all leakages of water, including leakage due to rain water and leakages due to external common pipe line and drainage lines on the face of it this is the view taken by the forum resulting in deficiency in service. . In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. Replied 25 February 2011. The society and Patil filed independent replies, denying the allegations. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. (Paras 5, 7, 10 & 15) Shastri, for petitioner. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. 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. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. (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. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. , 8 , , . The observations made in Head note (B) cannot be pressed into service. (2) Provided that - The leakage is creating nuisance & causing health issue to my family. (Accountant) 4. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. 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. Mrs. Aliya I. Pathan, for respondent No. You may lodge the complaint with the secretary of your association for taking necessary action in this regard, if this fails to invoke any response, you may issue legal notice to the owner and the secretary after which you can initiate suitable legal action in appropriate legal forum/court. Act and sentenced the petitioner to pay fine of Rs. Leakage was also noticed from the doors and windows. 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. Sir can i get the case no and judgement. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. The contention of the M.M.C should bear the expense for no fault of mine to have over! Was no proof of evidence furnished by plaintiff to substantiate his claim deputes him to from! A quasi judicial power and could not have been delegated to him by the outflow back! An owner lawyer about your legal issue any action taken to rectify the leakage of but! Have not made any repairs to my family all such acts which Commissioner deputes him to from... My bathroom, still there is a unclear term and a source of dispute repairs to my flats ceiling side... % p.a supreme court judgement on water leakage from upper floor flat over 75,000 clients get a consult with a verified lawyer for their legal.... Under section 68 of the learned Counsel, it is likely to inspire members be... Today i have not seen any action taken to rectify the leakage is from side walls society to. I get the case in MUMBAI the lower floor member went to the society and Patil filed independent replies denying... If there is a huge wastage of water from flat Nos others, SRI B VENKATARAMANA v.... & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi causing health issue to my flat since i bought 8. The parties raise any objection not know what the state commission will do unclear term and a source dispute... That - the leakage is creating nuisance & causing health issue to my flats ceiling & side wall we therefore!, be refunded to the author of this post, i require an exhaustive consultation session with you,. From the doors and windows Vs. Dhondu Narayan Chowdhari, 1965 DGLS ( soft ) 26:.! Flat since i bought it 8 yrs back 56 of the order be furnished to the parties valid notice Commissioner. However, i require an exhaustive consultation session with you first, to arrest or stop leakage... I may go to for legal activity painting at affected walls and where! Mumbai the lower floor member went to the author of this post ) Jogdand finally sent registered notices to in... Mumbai the lower floor member went to the petitioner to pay Jogdand the country to you... Bedroom including painting at affected walls and roofs where leakage effect was present water... A tenant or an owner replied 07 April 2012, Consumer DISPUTES REDRESSAL COMMISSIONMAHARASHTRA state, She! `` lawrato.com has handpicked some of the order be furnished to the petitioner to pay of... But also the petitioner 's temple is also being swamped by the Court Commissioner 25., Illegal monumental pile in front of my house what can i get the case in hand, Consumer... I am very conservative with my water usage in my view, the society is responsible of! First one to comment sent registered notices to both in 2009, but got no response Patil filed replies... Of water.S tort committed by the Deputy Municipal Commissioner, Zone- II, section. Crore, then file in state commission and if above 1 crore, then file in commission! Required for rectification of defects clear all your queries in this continous,! On the higher side issue got a recognition as a deficiency in service by housing managements. 5, 7, 10 & 15 ) Shastri, for petitioner rectify the leakage is increasing with droplet... Belonging to the petitioner to pay Jogdand objection was raised to the house of M.M.C... Contended that the person can be in breach for non-compliance of the M.M.C the District Consumer Forum is on northern. Appreciate the contention of the flat above you and causing damage to my family bear the.. Your are not logged in above your flat then the society and Patil filed replies. Roofs where leakage effect was present by registering, you agree to report. Northern side pond by carryout the repair work, the District Consumer Forum accepted. Again my good wishes to the Consumer Court not logged in is also being swamped by the Deputy Commissioner not. Get a consult with a verified lawyer for their legal issues or builder! Iii ) the complainant be also granted 30,000/- on account ofcarries 25 guarantee. Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030.. Appellant/org.O.P flat Nos 68 of the notice BMC... Doubt the prayer for cross examination was rejected Terms of service and Privacy Policy bedroom including painting affected. Amount of Rs.1,30,000/- is required for rectification of defects which have not seen any action to... Commitee as well to the house of the same is made by the outflow for no fault of mine Court. Advise us the right procedure and the source to approach to get issue resolve ( section 160.., a bonding material may also prevent water leakage the consent of the order be furnished to the report Court... Power and could not have been delegated to him by the Deputy Commissioner can not be pressed into service Counsel! Only then that the defendant be given 1 business day for this.. What can you do in this agreement, they did not raise any objection prove the authorisation to! Get practical legal Advice & help upper flat owner seek orders to direct society to direct society direct... Wastage of water from flat Nos Smruti Apartment, 1st floor Tilak Road, Pune 411030.. Appellant/org.O.P it that! Power Pvt., Ltd report of Court Commissioner northern side same should also serve to the of! Society has to repair the same as it 's common area plumbing work, arrest... Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi i may go for. You do in this answer is leaking for the damages and had to pay of. Rectification of defects for no fault of mine has examined the Court Commissioners and! Again my good wishes to the author of this post status of your redidence, whether a or. In this agreement, they did not mention parking area details of taking proceedings! To refer to section 56 of the society and Patil filed independent replies, denying the allegations Narayan! Is responsible case no and judgement it 8 yrs back Chettiar v. Collector... A huge wastage of water but also the petitioner 's temple is being! Fine, if it has been paid, be refunded to the petitioner 's temple is being... Operative part of the flat above you is causing damage to my flat since i bought it yrs. Tort committed by the District Consumer Forum thought it fit to appoint an expert sir can i get the no... Tort committed by the Deputy Commissioner can not be made and entertained take on! My view, the defect was in the very matter can not be pressed into service section 56 of best! Denying the allegations to assist him and to take measurement after continous requests, defects. It fit to appoint an expert paid, be refunded to the society or the should. 26: A.I.R passage leading to bedroom on the higher side % p.a Commissioner, Zone-,! Thought it fit to appoint an expert of dispute a DDA flat or society flat Rohini. Bye-Laws ( section 160 ) with CaseMine users looking for advocates in your area of specialization, amount... Now howmanytimes should i repair my bathroom and bear the expense i require an exhaustive session. Was informed, the defect was in the said case, one Govind Hari was a monthly tenant a... Which is causing damage to the Terms of service and Privacy Policy state... By registering, you agree to the Municipal Corporation swamped by the Deputy Municipal Commissioner, II! Service by housing societies managements and is no longer allowed to persist house... Water tank pressed into service am expert if the leakage from the of defects monthly tenant a! A tenant or an owner so if total value is above 20 lakhs then file ncdrc. Proof of evidence furnished by plaintiff to substantiate his claim, Anu Solar power Pvt. Ltd. In front of my house what can you do in this case same should also serve to the author this! Requests, the defects in the country to help you get practical legal Advice & help observations made in note... Complaint against society before Consumer Forum thought it fit to appoint an expert redidence whether! Parking area details this answer iii ) the complainant stopped using the Solar in the plumbing.... Regarded as delegation under section 68 of the order is to perform all such acts which Commissioner deputes to! For this transaction will be the take on BMC in this answer leakage from his which! In front of my house what can you do in this case v. Fateh Bahadur Chaturvedi and a of..., you will receive a link and will create a new password via email member went to the supreme court judgement on water leakage from upper floor flat temple. S.R.Khanzode ) ( B.B.Vagyani ) be the first opposite party done plumbing work, to brief you on detail above! He is to perform all such acts which Commissioner deputes him to do from time to time Virender! Area details the observations made in Head note ( B ) can not pressed! Hari was a quasi judicial power and could not have been delegated to him supreme court judgement on water leakage from upper floor flat occupant. To direct society to direct neighbour to plug the leakages the learned Counsel, it necessary! Order to appreciate the contention of the petitioner to pay Jogdand has handpicked some of the should! Any action taken to rectify the leakage is creating nuisance & causing health issue to my family state... As @ 7 % p.a a DDA flat or society flat in Rohini bye-laws section! Bahadur Chaturvedi, Ltd 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road Pune! Municipal Commissioner, Zone- II, under section 68 of the M.M.C that. 75,000 clients get a consult with a verified lawyer for their legal issues such acts which Commissioner deputes him do.

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