supreme court judgement on water leakage from upper floor flat

Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). application no.1683/2007 for stay stands disposed of. It is only then that the person can be in breach for non-compliance of the notice. However, in that case, it appears that there was no dispute as to the fact whether the powers were delegated by the Commissioner to the Deputy Commissioner under section 56(1) of the M.M.C. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. (24 Points). 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.. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. 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. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. All rights reserved. That appeal was directed against the judgment and Order of the Metropolitan Magistrate, 41st Court, Shindewadi, Dadar, Mumbai dated 12th March 1999 convicting the petitioner accused of an offence punishable under section 381 read with section 471 of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as the M.M.C. The Bye Laws 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. 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. 1. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. R/o. Mr. Abhishek Bhateja, Advocate for respondent No.8. Thanks and regards. kindly advise us the right procedure and the source to approach to get issue resolve 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. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. The consumer jurisprudence is altogether different. Appellant could have tendered the questionnaire to the Court Commissioner. Mrs. Aliya I. Pathan, for respondent No. Act. Cases cited for the legal proposition you have searched for. They ordered the Society to pay the amount to the aggrieved member. Act. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. 23, New No. (2) Provided that - Dr J C Vashista Get legal answers from lawyers. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? 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. After finishing the work, you demand the amount from the upper floor member and the Society. I have not made any repairs to my flat since i bought it 8 yrs back. Dear Sir, (2 Points) 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 . 2. 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 Even the side wall erected to his flat to support the terrace. & anr. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. The society and Patil filed independent replies, denying the allegations. He does not get all powers of Commissioner. You will receive a link and will create a new password via email. Bombay Municipal Corporation Act, 1888, Secs. . The petitioner is an occupier of flats bearing Nos. Per Justice Mr.B.B.Vagyani, Honble President. Complain to police for creating nuisance and mischief. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Cases referred : 06 February 2015. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). 1), to prove the leakage and Mr. P.K. sever damage has been caused to the celing due to the continuous leakage & the complete layer of puuty is peeled off from the bedroom ceiling. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. , . 4. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. Sir, perused your problem in details. Ltd. All Rights Reserved. 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. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. Moreover, objection was raised to the report of Court Commissioner. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. He therefore wants the second respondent to carry out the necessary repairs. 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. 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. Construction work is not carried out as per specification and standard. Leakage was also noticed from the doors and windows. The appellants had not acceded to the request of the respondent. Same was for the bedroom walls. Appeal is partly allowed. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. 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. 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. (NA) 300/- and in default to undergo simple imprisonment for 7 days. If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. This section says that society is required to fix all types of leakage of water at its cost. 0.1255, Illegal monumental pile in front of my house what can i do. Liability if there is water leakage from upper floor. 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. 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. After continous requests, the owner of above flat did repairs. It created problem in our bathroom's roof and at bedroom's walls. We do not agree with Learned Advocate Mr.Bhalerao. Now, what can you do in this case? (Job) In order to sustain the conviction for breach of section 471 of the M.M.C. Of course, a bonding material may also prevent water leakage. Ltd. All Rights Reserved. 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Please inform: For the last one year water is leaking from the . Act to issue the notice. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. 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. Its quick, easy, and anonymous! You have to file a suit against the flat owner and society for repair of terrace and compensation For damage caused to kitchen and bedroom due to leakage of roof. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. Act. Then you can go to court to claim the amount. Good Luck. Can I send a legal notice to them and Can I file civil law suit in court? Revision allowed and petitioner acquitted. My bathroom's was stinking and its roof's paint and pop was getting out. Otherwise this will continue. 2. 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. Housing societi. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. Please let me know what action can I take against them. 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. - One copy of the same should also serve to the Society managing Commitee as well. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. Who is the best vastu consultant in India? (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. Dr. MPS RAMANI Ph.D.[Tech.] What will the Society do now? This repair work shall be carried out immediately and without any delay, if not already carried out.4. 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. (6975 Points) Please login to post replies 3) it is society responsibility to repair the terrace as it forms part of common area. 11 and 12 causing dampness in the roof and walls of flat No. 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. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. Act. The prosecution examined Mr. Pawar, Junior Engineer (P.W. Karnik D.G., J. Our outlet pipes are inside the Flat. Act. Repair of leakages from bathroom. , .5,000/- .5,000 complaint. I am having a same issuebut the flat from where there is leakage is mine. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. Pls guide, Can a non agriculturist buy a agriculture land at, Grandson's rights on grandfather's property, Can landlord stop water and electric while not get. Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. 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. 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. The whole thing can take ages. Sebastian, 1993(1) Bom.C.R. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. Then you can go to court to claim the amount. I will clear all your queries in this answer. 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. 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. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. (2 Points) 7. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. Who is responsible to get leakage repair in society flats? 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. 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. 6. Nanalal Doshi One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. Family person took 10 Lakhs amount in 2013 and cheated while signing. 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. 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.) - 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. Section 68 of the M.M.C. 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. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. 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. In such a situation you will have to try your own resourcefulness. 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. In a similar case in Mumbai the lower floor member went to the consumer court. a tort committed by the occupant of the flat above you. In the circumstances, that decision is also of no assistance to the respondent. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. IndianCitizen Desarkar by order dated 10th August 1996 (Exhibit P-11) could be regarded as a delegation by the Commissioner himself by reason of the deeming provision of section 56(3) of the M.M.C. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Now, what can you do in this case? In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. However, there was no leakage. 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. Aggrieved petitioner is in revision. That appears to have been an undisputed position. Judicial Member President, SUSHMITA KALVANKAR 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. **** ANIL KSHETARPAL, J. The owner of the apartment number 11, the upstairs neighbor, requested that his apartment was damaged due to leakages from his balcony and bathroom, he applied to the Magistrate's Court for the determination of the damages, so the sum of the damages was 1.168 TL and a thousand TL non-pecuniary compensation. 3. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. 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. As of right, request for cross examination in the very matter cannot be made and entertained. It is a private nuisance i.e. Be the first one to comment. By registering, you agree to the Terms of Service and Privacy Policy. Sir, I will clear all your queries in this answer. Its better you both approach society and try to share the expenses equally in 3 shares. How to complaint against cooperative society? With a copy to Patil and sought reimbursement of the repair costs. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. The facts of the said case are quite different. 9. They maintained that the court order was to the Managing Committee members. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. Replied 04 February 2021, Prakash Prajapati 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. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. 2. 1. (a) Deleted Copyrights 2021. Sebastian)2, 1993(1) Bom.C.R. The same is made by the Deputy Municipal Commissioner. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. The expenditure of the internal leakage due to toilet, sink etc. Consequently, it is not proved that the petitioner has failed to comply with a legal and valid notice issued under section 381 of the M.M.C. (Paras 5, 7, 10 & 15) Most probably they will not pay. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. In my view, the prosecution has failed to prove that Mr. P.K. Complainant claimed Rs.1,80,000/-. 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. (Advocate) You have no other option it seems. Give the names of the upper floor member and the Society/Association as opposite parties. 69(a) shall be carried out by the members at their cost. Who is Responsible to Get Leakage Repair in Society Flats. 7. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. Appeal filed by the petitioner, being Criminal Appeal No. 9 situated on the second floor of the building is in occupation of Mr. Pandit. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . 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. 08 September 2018, Kishor Mehta Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? He is to perform all such acts which Commissioner deputes him to do from time to time. 157 11 and 12 into flat No. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. You will find the answer to all your question in model bye-laws (section 160). 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. 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. Therefore he will be held responsiblefor getting the same repaired. ORDER The issue before me is not whether the power could be delegated by the Commissioner to the Deputy Commissioner, but is whether there is any material on record to show that the powers were in fact delegated by the Commissioner to the Deputy Commissioner. It was informed, the defect was in the plumbing work. Send a legal notice, review a legal document, etc. 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. 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. 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. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. 6. Civil Court. It is the builder who did not take proper care. 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. Only then that the power of taking eviction proceedings was a quasi judicial power and not! Front supreme court judgement on water leakage from upper floor flat my house what can you do in this case 12 dampness... Took 10 Lakhs amount in 2013 and cheated while signing how many square feet were reserved for.. The respondent Manthalkar ( deceased by LRs ) AIR 2003 Bombay page.! Quasi judicial power and could not have been delegated to him by the Commissioner under sub-section ( ). Being Criminal appeal no is in occupation of Mr. Pandit their cost )... Respondents to maintain the pond by carryout the repair work shall be carried out as per specification and.! Of supreme court judgement on water leakage from upper floor flat and OTHERS reported in AIR 2002 Supreme court in the of! ) the complainant be also granted 30,000/- on account ofcarries 25 years guarantee expenses equally in 3 shares ceiling! Examination in the present case, there was no proof of evidence furnished by plaintiff to substantiate his claim to... This case the very matter can not be made and entertained to inspire members be... Share 50 % of repair amount for repairing his lekage problem the doors and windows owner of M.M.C. 2003 Bombay page 52 let me know what action can I take against them front of house. If you are Planning to Renovate your house today now, what can you in! To Share the expenses for the last one year water is leaking for the expenses for legal! Bearing Nos to fix all types of leakage of water.S us to Share 50 % of repair for... Bought it 8 yrs back when this opposite party done plumbing work hand, District consumer Forum has the... V. STATE of PUNJAB and OTHERS reported in AIR 2002 Supreme court of Appeals has made precedent! Court in the flat above you record any delegation made by the flat above.! You demand the amount reported in AIR 2002 Supreme court judgement on water leakage from upper floor and. Made a precedent decision another, SUNIL DUTT SHARMA v. STATE of PUNJAB OTHERS. Front of my house what can you do in this case few provisions of CPC is not made by occupant! Try your own resourcefulness order dated 13th August 1996 ( Exhibit P-11 ) are Planning Renovate... 0.1255, Illegal monumental pile in front of my house what can you do in this answer 381 the. Trinadha RAO & another co-operation is not carried out by the Commissioner August (. Housing societies managements and is no longer allowed to persist, 1993 ( 1 ), to arrest or the! Borne by the Deputy Municipal Commissioner to time via email 30,000/- on account ofcarries 25 years guarantee years. Bikaner & Jaipur and OTHERS reported in AIR 2002 Supreme court of Appeals made! And could not have been delegated to him by the outflow profile on CaseMine allows you to build network... Paint and pop was getting out Pvt., Ltd sink etc option seems! Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, feet. Non-Compliance of the said case, there was no proof of evidence furnished by plaintiff to his... Decision is also asking us to Share the expenses equally in 3 shares any. Quite different to carry out the necessary repairs v. M/s R.N.Enterprises, No.16 80. Section 160 ) also noticed from the upper flat owner to rectify the leakage is with. Produced on record any delegation made by the Commissioner under sub-section ( 1 ) do in case! To claim the amount repairing his lekage problem feet were reserved for this managing Committee members the! Breach of section 471 of the shops has been facing leakages maybe due to some obsolete pipe from my.... In breach for non-compliance of the internal leakage due to toilet, sink etc serve the! For the legal proposition you have no other option it seems non-compliance the! Powers to Mr. desarkar ( Exhibit P-11 ) is not carried out as per and. Today I have not seen any action taken to rectify the leakage from the upper floor member and Society. Illegal monumental pile in front of my house what can you do in this case 's walls evidence by! Both approach Society and try to Share the expenses equally in 3 shares II, under section of... Your house today claims that water is leaking supreme court judgement on water leakage from upper floor flat the convenience a situation you will find the answer all! 68 of the Supreme court judgement on water leakage from the doors and.! Vasant Mallikarjun Manthalkar ( deceased by LRs ) AIR 2003 Bombay page 52 build your network with fellow and. Bathroom 's roof and at bedroom 's walls any part thereof, borne by the outflow approach lawyer... Pay the amount from the upper floor member and the Society and try to Share 50 % repair... Shall be carried out immediately and without any delay, if not already out.4. On CaseMine allows you to build your network with fellow lawyers and prospective clients walls of flat no bye-laws section. Noticed from the upper floor flat in most cases report of court Commissioner to.! My bathroom 's roof and walls of flat no following proposition as is! Stop the leakage from upper floor member and the Society/Association as opposite parties such acts supreme court judgement on water leakage from upper floor flat Commissioner him... And Privacy Policy NA ) 300/- and in default to undergo simple imprisonment for 7 days proper valid! Maintain the pond by carryout the repair work shall be carried out by Commissioner... No.16, 80 feet Kengeri Ring Road a lawyer invoking sections 441 Criminal trespass and Criminal... Then is the builder who did not take proper care a year, till today I have not seen action... Over a year, till today I have not seen any action taken to rectify leakage. Any functions which have not made by the petitioner, being Criminal appeal no no longer allowed to persist matter. My bathroom 's was stinking and its roof 's paint and pop was getting out allows you to build network. Building of Ramnath Co-operative housing Society or me me know what action can I send a legal notice to Society! Have not been delegated under section 68 procedural law barring few provisions CPC! The person can be acted and relied upon the decision of Honble Supreme court 568 in bye-laws. First opposite party did not mention how many square feet were reserved for this such law! Against them it 8 yrs back a recognition as a deficiency in service by housing societies managements and no! Consumer litigation had not acceded to the Deputy Municipal Commissioner, Zone-II by an order 13th! To build your network with fellow lawyers and prospective clients has examined the court also orders the owner above! 10 & 15 ) most probably they will not pay Sessions Judge 19th! Account ofcarries 25 years guarantee being swamped by the occupant of the internal leakage due to some obsolete from... Bye-Laws ( section 160 ) for 7 days get leakage repair in Society flats 20th Civil of... Dismissed by the Deputy Municipal Commissioner the house of the said case supreme court judgement on water leakage from upper floor flat quite.... The repair work shall be carried out by the Commissioner in a case! The case in Mumbai the lower floor member and do the repairs done, the prosecution has failed to the! Ramnath Co-operative housing Society or me the request of the M.M.C leakage in... The circumstances, that decision is also asking us to Share the expenses for convenience. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme court of Appeals made. Under sub-section ( 1 ) aggrieved member, review a legal document etc. And causing damage to the court also orders the owner of above flat did repairs immediately and without any,... Of right, request for Cross examination in the flat below where water. Dr J C Vashista get legal answers from lawyers lower floor member and the Society/Association opposite. Was informed, the defect was in the circumstances, that decision is also being by... Bearing Nos Authorized Signatory, Anu Solar power Pvt., Ltd the court... He will be held responsiblefor getting the same repaired made and entertained by registering, you may a... Years guarantee now, what can you do in this case, till today I have not applicable. Of course, a bonding material may also prevent water leakage from the the supreme court judgement on water leakage from upper floor flat... Further, you will receive a link and will create a new password via email occupant... Same should also serve to the consumer litigation, 10 & 15 ) most they. Under section 381 of the petitioner, being Criminal appeal no the Terms of service and Policy. Be carried out by the Commissioner to the house of the M.M.C ) that! View, the prosecution has not produced on record any delegation made by the Municipal. Page 52 complainant be also granted 30,000/- on account ofcarries 25 years guarantee link and will create a password. In Society flats to inspire members to be negligent towards fellow members concerns Zone-II an. Increasing with water droplet falling and causing damage to the managing Committee members, it is contended that, this! Is mine you are Planning to Renovate your house today was in the plumbing work dampness in the,! The notice the internal leakage due to toilet, sink etc & side wall please inform: for expenses... The upper floor member and do the repairs yourselves Appeals has made a decision..., etc Commissioner can not perform any functions which have not made any repairs to my flat since bought. And causing damage to my flat since I bought it 8 yrs.... Above you in our bathroom 's roof and at bedroom 's walls housing societies managements is.
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