supreme court judgement on water leakage from upper floor flat

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. 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. Kishor Mehta. 7. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. 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. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. (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. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. Get expert legal advice from multiple lawyers within a few hours. 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. Act. Before : Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. I have already held that there is no material on record to prove the delegation. 2. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. Matter pertains to the construction. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. In the result, we pass following order:- 6. In such circumstances, you can obtain an order from the competent court to force your neighbour to carry on such repairing works. Finally I had given a letter to the President/Secretary of the Association to sort out the problem.After inspection of my flat by the board members they were very sympathetic including Secretary/President and tried in many ways to sort out the problem but could not solve it till now.As per Association decision we also agreed to pay 50% of the cost but still the Upper Flat owner is not giving entry to their flat for undertaking the repai, Connect with top Civil lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. 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. Isn't the cost to be equally be shared by both parties? On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. My question is, when I am going to sign a sale deed, they have to say how much space they allow to be used as a garage. 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. 3. Complainant claimed Rs.1,80,000/-. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. HOUSING SOC. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. 09 September 2018. Now you know how to deal with the leakage problem from the above flat. Act, which reads as follows:- application no.1683/2007 for stay stands disposed of. What action did you take to stop it?? It appears that there was leakage of water from flat Nos. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. 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. The prosecution examined Mr. Pawar, Junior Engineer (P.W. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. The Bye Laws of housing societies governing internal matters of housing societies have not taken care of this issue all that seriously which compels the members to go to courts, a situation does not augur well for peaceful community living in housing societies. 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. What should i do , shall i pay him or refuse? 11. Who is responsible to get leakage repair in society flats? 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. Act. 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. 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). 4. Act provides that the Commissioner may, by a notice in writing, to require the person by whose act, a nuisance arises, exists or continues or likely to arise and the owner, lessee and occupier of the land, building or premises on which the nuisance arises, exists or continues or is likely to arise or anyone or more of such person, owner, lessee or occupier, to remove, discontinue or abate the nuisance by taking such measures and by executing such work in such manner and in such period of time as the Commissioner shall prescribe in such notice. 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. Its quick, easy, and anonymous! This repair work shall be carried out immediately and without any delay, if not already carried out.4. Replied 03 January 2021, Swarnava Ghosh 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. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. 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. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. Liability if there is water leakage from upper floor. Whom to complain to? CA CMA CS Ram Pavan Kumar Melam (NA) 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. Thanks and regards. Rate of interest awarded by the District Consumer Forum is on the higher side. 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. 7. 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. 5. 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.. I have not made any repairs to my flat since i bought it 8 yrs back. 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. Sebastian, 1993(1) Bom.C.R. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. They signed an agreement. The appellants assured her repair works undertaken by them walls were completed in all aspects. 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 order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. Otherwise this will continue. Municipal Corporation of Greater Mumbai The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. It's quick, easy, and anonymous! Learned Advocate Mr.Bhalerao for the appellant forcefully submitted that the District Consumer Forum has no jurisdiction to entertain the complaint filed by the respondent. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? Mrs. M.M. 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. Whom to complain to? There was some water leakage problem from the flat that was above our flat. District Consumer Forum has accepted the figure disclosed by the Court Commissioner. 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. Interact directly with CaseMine users looking for advocates in your area of specialization. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. Commissioner v. N.P. What action/compensation can be claimed by the flatowner of the flat below . 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. He spend 2500on that. (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. 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. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. What will the Society do now? kindly advise us the right procedure and the source to approach to get issue resolve - 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 . It is a private nuisance i.e. Absolving the flat owner on upper floor, 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. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. Please contact for more details. The owner sufferer can approach consumer court also for getting a direction to the upper floor owner to get his toilet or the place from where the leakageor seepage starts to get it repaired. It created problem in our bathroom's roof and at bedroom's walls. (CA) In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. After his death in 1961, the tenancy devolved on his widow who took in a boarder. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. 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. After finishing the work, you demand the amount from the upper floor member and the Society. 23, New No. (2) Provided that - In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. The complainant called upon the first opposite party over phone and even wrote letter. 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 . If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? Case in hand is simple one and can be settled on the basis of affidavits. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Is it a DDA flat or society flat in Rohini? Responsible to get leakage repair in society flats the internet is not made by the Commissioner were under! Delegated to him that you may partially or fully cover the repair involves! Tenancy devolved on his widow who took in a boarder that a proper and valid notice under section 68 the... 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