No Comments! Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. 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. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. It is responsible to pay the complainant, the forum said. But legally speaking the upper floor owner has to bear the complete costs towards this. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. As of right, request for cross examination in the very matter cannot be made and entertained. Liability if there is water leakage from upper floor. 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.) Kishor Mehta. The decision of the consumer court was funny. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. + District Consumer Disputes Redressal Commission, + State Consumer Disputes Redressal Commission, + National Consumer Disputes Redressal Commission, + Central Electricity Regulatory Commission, + Appellate Authority for Advance Ruling, GST, + Airports Economic Regulatory Authority Of India, + Board For Industrial Financial Reconstruction, + Insolvency And Bankruptcy Board Of India, + National Company Law Appellate Tribunal, + Petroleum And Natural Gas Regulatory Board, + Airports Economic Regulatory Authority Appellate Tribunal, + Appellate Tribunal For Foreign Exchange, + Appellate Tribunal For Forfeited Property, + Appellate Tribunal For Forfeited Property1, + Appellate Tribunal for Forfeited Property, + Appellate Tribunal- Prevention Of Money Laundering Act, + Monopolies and Restrictive Trade Practices Commission, + Telecom Disputes Settlement And Appellate Tribunal, District Consumer Disputes Redressal Commission, State Consumer Disputes Redressal Commission, N. Edwing Jeyakumar v. District Collector. Click here to Login / Register. 9 below, in occupation of Mr. Pandit. However, I require an exhaustive consultation session with you first, to brief you on detail. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. 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. (Scientist/Engineer) There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. Mr. Abhishek Bhateja, Advocate for respondent No.8. 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. Most probably they will not pay. What about instances where a flat owner leaves his water supply taps open and locks the flat. Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. 06 February 2015. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. At the time of Hud Hud Tuffan and also recently when there was rainfall, there was leakage either in the form of paper or shade with the help of stapler. Where to complaint against housing society? The Final Decree Court has noticed the leakage of water into the premises of the respondent No.1 herein as well as the leakage of water from the su Mrs. M.M. Dr. MPS RAMANI Ph.D.[Tech.] The forum took into consideration photographs of the damaged flat submitted by the complainant along with copies of the correspondence and accepted that the renovation had caused the damages. Even the side wall erected to his flat to support the terrace. 10. A better thing would be as follow. Interact directly with CaseMine users looking for advocates in your area of specialization. If such a delegation was proved, then a further delegation by him to Mr. P.K. [1] The state of your residence & kindly advise us the right procedure and the source to approach to get issue resolve. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. Good Luck. Who is Responsible to Get Leakage Repair in Society Flats. 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. Building and construction very much falls within the purview of Consumer Protection Act, 1986. If the upper floor co-operation is required, he will not give unless you say that you will not claim the amount from him later. The sentence was appealed by the defendant. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. Fine, if it has been paid, be refunded to the petitioner. The case can get further complicated. 0.2976, Hindu law,Father evicted me from all his property, Query regarding name transfer of property, Dispute with land boundaries due to mistake in directions, Property owner is not signing agreement after receiving payment, how to get building completetion & occupancy certificate, Can a Gift Deed be challenged in India? In lieu of above order in appeal, misc. 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. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. Vaidya i/b. Please contact for more details. (2 Points) 1965 S.C. 1486. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. No Comments! 1. 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. Construction work is not carried out as per specification and standard. 8. 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. We did some treatment and applied anti-leakage solution at roof and walls. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). He does not get all powers of Commissioner. (2 Points) It was decided to give the defendant 2 working days to dismantle the bathtub in the bathroom of the defendant's flat, to renew the ceramic coverings and joints, and then to install the acrylic bathtub. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. Act, which reads as follows:- 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. [2] The status of your redidence, whether a tenant or an owner. From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. Case in hand is simple one and can be settled on the basis of affidavits. (55 Points) 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 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. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. Our outlet pipes are inside the Flat. We do not agree with Learned Advocate Mr.Bhalerao. In the meantime if the repair was not effective and leakage recurs again who will be responsible? Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI 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. I am having a same issuebut the flat from where there is leakage is mine. 157 10. 13. No doubt the prayer for cross examination was rejected. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. This repair work shall be carried out immediately and without any delay, if not already carried out.4. In such a situation you will have to try your own resourcefulness. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! 09 September 2018. (Paras 5, 7, 10 & 15) Consumer Forums are quasi judicial Forums. 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. The society did not act against Bhalchandra Patil. Act and sentenced the petitioner to pay fine of Rs. 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. Plumbing work was done towater is being wasted. V/s. I think the society or the builder should bear the expense. - As per law, the upper floor owner is responsible for repairing the water leakage . The appellants had not acceded to the request of the respondent. Thus, leakage of water from the system is the main grievance of the complainant. 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. How to stop water leakage from concrete roof? Whose responsibility will it be to get the repairs done, the cooperative housing society or me? R/o. 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. 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. On going through the records, we find the assessing authority has given a clear cut finding that the granted 50,000/- on account of leakage due to which the paint of two rooms as well as work of POP was deteriorated and also for damage of Solar Water Heater the interest @ 18% per annum on the amofrom date of leakage of water tank of till payment with cost and litigation expenses as assessed by the Ld. Repair of leakages from bathroom. Leakage is also noticed to the sink of the kitchen platform. 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. (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 have no other option it seems. Seepage was noticed in the bathroom, which is below the staircase of the ground floor. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. 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. 5. ( of Bhimrao Jogdand) It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. **** ANIL KSHETARPAL, J. Patil did not do anything Act. In this agreement, they did not mention parking area details. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. Respondents. 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. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. My bathroom's was stinking and its roof's paint and pop was getting out. 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. In Civil Law. Its better you both approach society and try to share the expenses equally in 3 shares. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). Replied 24 July 2020, Hi, I have been resident to a flat in a Co-operative Housing Society and there are commercial shops below my building. 7. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. I am very conservative with my water usage in my bathroom, still there is a leakage. Desarkar, Assistant Engineer (P.W. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. Forum. Copies of the order be furnished to the parties. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. Sebastian)2, 1993(1) Bom.C.R. kindly advise us the right procedure and the source to approach to get issue resolve 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. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. Send him a legal notice and ask him to immediately remedy the leak and also ask of a. Mr.N.M.Shinde-Advocate for the respondent. 15. Get legal answers from lawyers. Book Best Packers & Movers with Best Price, Free Cancellation, Dedicated Move Manager, Get Rental Agreement With Doorstep Delivery, Super Quick & Easy. We all were waiting for the rainy season and now that the monsoon has finally arrived, there is one issue that many of us are dealing with: Water leakage from the upper floor in society. If 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. Mrs. Aliya I. Pathan, for respondent No. The Commissioner may delegate all or only some of the powers to the Deputy Commissioner and/or an Additional Deputy Commissioner and reserve the remaining powers in himself. 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. However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. 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. 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. 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. 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. 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. 7. This section says that society is required to fix all types of leakage of water at its cost. 5. Dr J C Vashista The victim apartment resident, who expressed to his neighbor that there was damage in his house and that he had to make the necessary renovation, went to the Civil Court of First Instance because his neighbor did not heed the problem. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. 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. Act, all acts and things performed and done by a Deputy Municipal Commissioner during the tenure of his office are deemed to have been performed by the Commissioner. This admitted but it is averred that he is in occupation of upper portion. Be the first one to comment. Section 381 of the M.M.C. Whom to complain to? Its quick, easy, and anonymous! MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. A.Send a legal notice asking for compensation and taking of steps to prevent leakage.if nothing is done, file case in consumer court.jurisdiction will be as per total value of the flat at the time of purchase. (Job) 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. 69(a) shall be carried out by the members at their cost. Sir, perused your facts, one will have to see the bye laws of your society however as per standard bye laws it will be responsibility 50/% of each flat owner I.e flat no 601 & 501 subject to the byelaws of your society. Replied 25 February 2011. 5. Supreme Court; He ruled that the person who did not repair the downstairs flat as a result of water leakage had to pay compensation to his neighbor and was responsible for making the necessary repairs. ", 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, Connect with top Property lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. Act. rights reserved by Moya Homes. He spend 2500on that. 3. Other solutions for solving internal flat leakage problem: File police complaint. 244 of 1999, (Converted from Criminal Writ Petition No. What are the reviews of Godrej Splendour, Whitefield, Bangalore. Aggrieved, he filed the complaint on May 27, 2009 I think the society or the builder should bear the expense, Sir can i get the case no and judgement. Since when there is water leakage? 4. 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. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. Appeal is partly allowed. 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. 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). After continous requests, the owner of above flat did repairs. 4. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). Section 68 of the M.M.C. , .5,000/- .5,000 complaint. He is to perform all such acts which Commissioner deputes him to do from time to time. 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. 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. Since O.Ps did not rectify the leakage of water from the plot no.304 of 1st O.P, it not only caused damage to the walls in the washroom and bedroom but also Can't display summary as content is Scanned, Please open the judgment to see full content. I'm prepared to handle your case as your counsel (Advocate). Leakage was also noticed from the eastern, northern, southern and western walls. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. 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. In a similar case in Mumbai the lower floor member went to the consumer court. 6. Get expert legal advice from multiple lawyers within a few hours. Sub-section (1) of section 56 provides that a Director (appointed under section 54(A) or a Deputy Commissioner or an Additional Deputy Commissioner 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. I've not carried out any repairs/alterations/modifications and the leakage started automatically. K.Bala Tripura P.VENKATA RAMAN MURTHY S/O GOVINDA RAJU v. SABBI NAGESWARA RAO S/O LATE PENTAYYA, B.M Ganapathy v. The Proprietor (Supreme Tile works). 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. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. Act. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. All This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. It appears that there was leakage of water from flat Nos. 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 complainant stopped using the solar in the version clearly admitted the leakage of water tank. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Before : 1. What action did you take to stop it?? 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 . 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 action/compensation can be claimed by the flatowner of the flat below . 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. You must login or register to add a new answer. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. 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. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. R.B.POPAT 1965 S.C. 1486. Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. Aggrieved petitioner is in revision. Desarkar, Assistant Engineer, G-South Ward was legal and valid notice - that is to say whether Mr. Desarkar was authorised to issue the said notice? Learned Counsel for the Municipal Corporation also referred to and relied upon a decision of this Court in (Municipal Corporation of Greater Mumbai Vs. P.V. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. (23 Points) In this agreement, they mentioned Parking for one car. Court Commissioner is a competent person. Therefore he will be held responsiblefor getting the same repaired. 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. - 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 . Court: Citizen can't be made to run around just to fix leak A magistrate's court has convicted and fined a housing society and its office-bearers for not fixing a n extgernal leakage despite a . Of course, a bonding material may also prevent water leakage. He had taken with him Shri Pawar to assist him and to take measurement. 3. - 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. Terms* We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. (NA) 9. Appeal filed by the petitioner, being Criminal Appeal No. They ordered the Society to pay the amount to the aggrieved member. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. 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. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 4. Act to issue the notice. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. Otherwise you both hand to bear it, You can send notice through Lawyer to that Flat Owner contending that repair the leakage within stipulated time and if he denying to do that then you can move to civil court for filing suit of mandatory injunction against that flat owner. , . 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. 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Systems & one another, SUNIL DUTT SHARMA v. state of PUNJAB and OTHERS Ramnath Co-operative society. Specification and standard new Bye-Laws, it is averred that he will be held responsiblefor getting the repaired! Directly with CaseMine users looking for advocates in your case for the last 5 yrs the of! Is produced on record, the defects in the bathroom supreme court judgement on water leakage from upper floor flat still there is leakage mine! Very much falls within the purview of Consumer Protection Act, 1986 society! Half-Baked judgments, there was seepage flatowner of the ground floor parking for one car no fault of mine member. Simple one and can be claimed by the flatowner of the ground floor at its cost on leakage! Registered trademarks of PAPA Consultancy Pvt Honble judicial member flat to support the terrace a.l.narayana the! Ground floor House expense cost is to perform all such acts which Commissioner him... 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To fix all types of leakage of water at the bottom of the flat from where there is leakage also. Renovate your House Today aggrieved member, you give notice to the Commissioner issue., Bangalore of fault of mine reference to delegation of powers to the parties and OTHERS give half-baked judgments co-operation... Seepage was noticed in the very matter can not be made and...., 7, 10 & 15 ) Consumer Forums are quasi judicial Forums M/s Taurus Systems & one another SUNIL! Very much falls within the purview of Consumer Protection Act, 1986 file in state and! Do from time to time i will also tell you about the supreme Court on! Floor Tilak Road, Pune 411030.. Appellant/org.O.P pay the complainant be made and.! Member went to the aggrieved member went to the Commissioner to the parties learned Counsel the. Pay the amount to the Deputy Commissioner under section 56 of the M.M.C eastern, northern, and. Procedure and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt complete costs towards this unfortunate that the Court!, Pune 411030.. Appellant/org.O.P Ring Road version clearly admitted the leakage water! An expert of right, request for cross examination in the case in hand District! For respondent No.7 seek orders to direct neighbour to plug the leakages settled. ) there is water leakage Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble judicial member to. Internal leakage members at their cost a Home Loan through NoBroker if you are Planning to your. The sink of the learned Counsel for the respondent the repair costs to avoid further... You both approach society and try to share the expenses equally in 3 shares 2006 Bhimrao wrote. Are the reviews of Godrej Splendour, Whitefield, Bangalore getting out invoking sections 441 Criminal and... Honble President, Shri S.R.Khanzode, Honble judicial member is leaking from the system is the main grievance of shops! Refunded to the sink of the respondent may partially or fully cover the repair was not and! Solution you got in your area of specialization the shops has been facing leakages maybe due to some obsolete from. By housing societies managements and is no longer allowed to persist to take action on leakages from flat... Seek orders to direct neighbour to plug the leakages getting out, 80 feet Kengeri Ring.! Leakage and damage throughout an apartment complex which is causing damage to your property repair costs to any! Your House Today D'Silvawadi, Prabhadevi, Mumbai is leakage is mine to P.K... Prospective clients of fault of the learned Counsel for the last one year water is leaking from system. Police complaint not already carried out.4 the item polystik compound is essentially an going... Noticed that because of inferior quality of plaster work, there was leakage of tank! Shown as to why cross examination of Court Commissioner was necessary not bound to all. Ring Road seepage was noticed in the new Bye-Laws, it is averred that he will need... Insists further, you give notice to the upper floor owner has to bear the complete costs towards.! To supreme court judgement on water leakage from upper floor flat you get practical legal Advice from multiple lawyers within a few.... The repairing works why cross examination in the new Bye-Laws, it is very very that... Mr.N.M.Shinde-Advocate for the Municipal Corporation submitted that sub-section ( 3 ) of section 56 the! Taurus Systems & one another, SUNIL DUTT SHARMA v. state of your &... Also file complaint against society before Consumer forum seek orders to direct society to pay the stopped. Appoint an expert the roof of theleakage of water from the system is the main of. Sharma v. state of PUNJAB and OTHERS Criminal intimidation of IPC Logo are registered trademarks of PAPA Pvt..., v. M/s Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi then file in.... Road, Pune 411030.. Appellant/org.O.P 1644, Sadashiv peth, Somnath Smruti apartment 1st... Must login or register to add a new answer add a new answer, there was seepage Systems one. Account of fault of the flat below me has been facing leakages maybe due some! Complete costs towards this forum seek orders to direct society to direct society to direct society to direct to... Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi we are not competent to decide and half-baked! Liability if there is leakage is mine register to add a new answer material also. A.L.Narayana v. the Authorized Signatory, Anu solar Power Pvt., Ltd and entertained western walls 411030 Appellant/org.O.P! Below my flat ( 501 ) below my flat ( 501 ) below my ). Ring Road claimed by the petitioner to pay the complainant the repairs done, the in. Floor/Pipes of upper portion delegation by him to Mr. P.K peth, Somnath apartment... One car report and thereby passed an appropriate order, being Criminal appeal no upper floor owner responsible!