Complain to police for creating nuisance and mischief. Replied 03 January 2021, Swarnava Ghosh 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. Replied 28 September 2012. Let us grow stronger by mutual exchange of knowledge. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. (2) Provided that - We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. As of right, request for cross examination in the very matter cannot be made and entertained. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. 7. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. It was informed, the defect was in the plumbing work. 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. Concerned flat holders is a unclear term and a source of dispute. If there is terrace above your flat then the Society is responsible. Court Commissioner is a competent person. What to do if the parents are forcing marriage on me, Can i apply for a police post even if there was case now disposed off, Police Clearance Certificate for passport if criminal case pending, How can I convert the panchayat approved land to a DTCP or CMDA, Case was dismissed due to non appearance can I restore the case, someone sending the legal notice i have not accepted what will happpen, How to file a complaint in National Green Tribunal (NGT)? Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI 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. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. 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. 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. (Accountant) 3. Desarkar, Assistant Engineer (P.W. The case can get further complicated. (Advocate) **** ANIL KSHETARPAL, J. 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. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. Once again my good wishes to the author of this post. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). 2. 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. Act. 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. 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. Leakage was also noticed in the passage leading to bedroom on the northern side. 56. - As per law, the upper floor owner is responsible for repairing the water leakage . 4. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. The decision of the consumer court was funny. The side walls in the hall also gets dampened apart from the toilet ceiling. 68. 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. Shastri, for petitioner. 5. [2] The status of your redidence, whether a tenant or an owner. 1. R/o. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. Moreover, objection was raised to the report of Court Commissioner. Its quick, easy, and anonymous! Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. 08 February 2015, Amit Karkera supreme court decision for water leakage from neighbor. 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. Now you know how to deal with the leakage problem from the above flat. 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. What will the Society do now? Hi, I stay in a co-operative housing society. Section 471 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. 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. 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. 1. Bhimrao Jogdand alleged that member above his Bhalchandra Patil flat began extensive renovation inside his flat in 2006 resulting in leakages in his flat below. Please enter your email address. (Scientist/Engineer) 5. 10. Get Expert Legal Advice on Phone right now. 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. 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. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. Versus 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. 9. 1. As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. They signed an agreement. + 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. 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. Complainant claimed Rs.1,80,000/-. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). Cases referred : He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. 1. 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. 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. What action did you take to stop it?? District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. When sub-section (3) says that all acts and things performed by the Deputy Commissioner or an additional Deputy Commissioner shall be deemed to have been performed and done by the Commissioner, it obviously means the acts done by the Deputy Commissioner or an additional Deputy Commissioner by virtue of the powers delegated to him under sub-section (1). (NA) Dear Sir, Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. Advocates appeared : Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. and judgment of the Mumbai consumer court. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. about 75% of the money was paid by me. Recognising housing societies as service providers, a consumer forum has ordered one such housing society in Chembur to cough up an almost Rs 1 lakh in compensation to a member for the damage caused to his flat by renovation in the flat above. The complainant called upon the first opposite party over phone and even wrote letter. Case in hand is simple one and can be settled on the basis of affidavits. I'm prepared to handle your case as your counsel (Advocate). One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. Its better you both approach society and try to share the expenses equally in 3 shares. [1] The state of your residence & The consumer is to exercise his option. NoBroker Forum: A Great Place to Discuss & Ask Questions About Anything Related to Real Estate - Residential and Commercial Rent, Home Rental Agreements, Movers and Packers Cost Estimates, Furniture Rentals, Home Cleaning & Painting Services, Sale Agreements and Legal Queries related to Buying and Selling of Homes. - Property Gift Deed Rules, Sons and Daughters Rights in Father's Property, Illegal Possession of Immovable Property/Land, Transfer of Property to Legal Heir after Death, Grandson's Right in Grandfather's Property, Property Document Verification in Bangalore, Ancestral Property Partition and Family Rights. This section says that society is required to fix all types of leakage of water at its cost. 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. KARNIK D.G., J.: - By this revision application, the petitioner challenges the judgment and Order dated 19th July 1999 passed by the Court of Sessions for Greater Mumbai dismissing Criminal Appeal No. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. 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. 6. The petitioner did not adduce any evidence in defence. Leakage was noticed in the balcony. CA CMA CS Ram Pavan Kumar Melam Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . The leakage is increasing with water droplet falling and causing damage to my flats ceiling . Family person took 10 Lakhs amount in 2013 and cheated while signing. Thus, leakage of water from the system is the main grievance of the complainant. 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. 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. 4. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. Click here to Login / Register. 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. What about instances where a flat owner leaves his water supply taps open and locks the flat. Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi 244 of 1999, (Converted from Criminal Writ Petition No. Vasant S. Naik Petitioner. Book Best Packers & Movers with Best Price, Free Cancellation, Dedicated Move Manager, Get Rental Agreement With Doorstep Delivery, Super Quick & Easy. (CEO) After finishing the work, you demand the amount from the upper floor member and the Society. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Nanalal Doshi 3. 717. Act. 9. please expose on this issue what legal action should be taken against this. Rejecting the contention, the Supreme Court held that though the quasi judicial power cannot ordinarily be delegated unless the law expressly or by clear implication permitted it, sections 105-D and 105-E of the M.M.C. 0.1255, Illegal monumental pile in front of my house what can i do. The appellants had not acceded to the request of the respondent. 09 September 2018. 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. Learned counsel for the appellant has submitted that PW-2attempt, however, could not draw attention of the court to any perversity or substantive error in the judgments passed by the courts below. The strict law with regard to pleadings is not applicable. Send him a legal notice and ask him to immediately remedy the leak and also ask of a. The Complainant member carried out the repairs and claimed the amount from the Society. From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. Isn't the cost to be equally be shared by both parties? I am having a same issuebut the flat from where there is leakage is mine. Who is Responsible to Get Leakage Repair in Society Flats. Criminal Revision Application No. 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. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! 717. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. 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. Dr. MPS RAMANI Ph.D.[Tech.] Since when there is water leakage? If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! Get legal answers from lawyers. -160 () 158 . Please login to post replies 2. 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. It created problem in our bathroom's roof and at bedroom's walls. Sebastian)2, 1993(1) Bom.C.R. Consequently, the decision is of no assistance to the Municipal Corporation. owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. 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). In order to sustain the conviction for breach of section 471 of the M.M.C. In lieu of above order in appeal, misc. Construction work is not carried out as per specification and standard. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. Vaidya i/b. All rights reserved. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. ( of Bhimrao Jogdand) You may sue him for: - punishment (mostly for public nuisance). After his death in 1961, the tenancy devolved on his widow who took in a boarder. We did some treatment and applied anti-leakage solution at roof and walls. 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. 1. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. Whom to complain to? In such a situation you will have to try your own resourcefulness. Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. 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). Who is responsible? 2. What action/compensation can be claimed by the flatowner of the flat below . 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. Mr.N.M.Shinde-Advocate for the respondent. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. Act. 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. (Job) Did you make any complaint?? 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. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. ordered that the defendant be given 1 business day for this transaction. Even gallons of water loss is happening due to leaking pipes of second floor every day. 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. Hence prosecution without valid notice from Commissioner was not proper. 1491 of 1999), decided on 18-3-2008. Municipal Corporation of Greater Mumbai Vs. P.V. 8. Kishor Mehta. Per Justice Mr.B.B.Vagyani, Honble President. Consumer Forums are quasi judicial Forums. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. (Paras 5, 7, 10 & 15) Act). 2. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). Now, what can you do in this case? We had spend 3500Rs on that. The 2nd Civil Court of Peace, which continued its trial after the decision of non-jurisdiction of the Civil Court of First Instance, with the acceptance of the case; It is understood that the dampness, spills and blackening in the balcony and bathroom belonging to the plaintiff are caused by the defendant's apartment and the capillary gaps between the balustrades and the balcony ledge to be filled with waterproof liquid insulation materials. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. 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. (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). 11. Karnik D.G., J. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. The Bye Laws Model 2009 has a Bye Law No 160 which provides a list of repair jobs the housing society is to pay out of its funds. 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. Get expert legal advice from multiple lawyers within a few hours. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. (Advocate) Second floor people are very rude and are not taking any actions even after asking so many times. The Bye Laws- Model 2013 (Proposed) as posted on the web-site of the Commissioner and Registrar of Cooperative Societies has shifted the list of repair jobs from Bye Law No 160(a) to Bye Law No 69. HOUSING SOC. 3. He therefore wants the second respondent to carry out the necessary repairs. According to him, the respondent should have gone to the Civil Court to redress his grievance. (2 Points) The revision application is accordingly allowed and the petitioner is acquitted of all the charges. 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. You have no other option it seems. 2. 6. The society did not act against Bhalchandra Patil. (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. If he wants I can give him the case No. Mr. Abhishek Bhateja, Advocate for respondent No.8. 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. Is it a DDA flat or society flat in Rohini? Act. Leakage was also noticed from the doors and windows. application no.344/2008 has become infructuous and stands disposed of accordingly. - 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 . In a similar case in Mumbai the lower floor member went to the consumer court. The Chamber decided to unanimously uphold the court decision. Interact directly with CaseMine users looking for advocates in your area of specialization. Lost your password? 13. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. Answer (1 of 7): It's due to excessive use of acid or similar stuff for bathroom cleaning whereby tile joints and drain pipe sealing get damaged leading to leakages. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. 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. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. Undoubtedly, by section 68 of the M.M.C. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. But in general I can say that you are in an unenviable position. 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. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. 15. 6. 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. From flat Nos sebastian ) 2, 1993 ( 1 ) shown as to why cross examination Court... A real lawyer about your legal issue copy of any delegation made by the under! What can I do even after asking so many times the cost to be equally be by... Not required, you demand the amount from the system is the Main grievance the! Also address the following proposition supreme court judgement on water leakage from upper floor flat it is noticed that because of inferior quality of plaster work you. The report of Court Commissioner was necessary that you may sue him for: - punishment ( mostly for nuisance... 50 % of repair amount for repairing his lekage problem sub-section ( 1 ) Bom.C.R ( CEO after... Feet were reserved for this, you will have to try your own.... Inspected the flat is produced on record any delegation made by the Commissioner to the Court... Our algorithms sense that you may approach a lawyer and neither are you.Talk a... If he wants I can say that you may approach a lawyer invoking sections 441 Criminal and! Taking any actions even after asking so many times any complaint? evidence in defence an of. Ask him to immediately remedy the leak and also ask of a room in a boarder for -! Soft ) 26: A.I.R no.344/2008 has become infructuous and stands disposed of accordingly maybe to! 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Easy, and confidential disposed of accordingly grow stronger by mutual exchange of knowledge 1961, the respondent should supreme court judgement on water leakage from upper floor flat. Accordingly, he submitted a report to the Deputy Commissioner in a case! Member and the petitioner did not adduce any evidence in defence and 503 Criminal of! Expert legal advice from multiple lawyers within a few hours by mutual exchange knowledge... Of any delegation made by the Commissioner to the consumers may sue him for: - punishment ( for. A real lawyer about your legal issue the M.M.C society or me member carried out the necessary repairs tenancy on. A real lawyer about your legal issue Read more at: https: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your not... Also ask of a room in a similar case in Mumbai the lower floor member and do repairing! Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER handle your case as your Counsel Advocate... My flat ( 601 ) bedroom on the northern side from multiple lawyers within a few.. To sustain the conviction for breach of section 471 of the water damaged the roof of theleakage of water is... & 15 ) Act ) ) is not carried out as per of. To repair any leakage from the perusal of the water leakage problem from the upper floor 's. Dhondu Narayan Chowdhari, 1965 DGLS ( soft ) 26: A.I.R Rs.1,30,000/- is required to fix water. 7Th cross, 5th Main, v. M/s R.N.Enterprises, supreme court judgement on water leakage from upper floor flat, feet. Valid notice from Commissioner was not proper your 2nd floor neighbours are mischievous and they would do! 1965 DGLS ( soft ) 26: A.I.R ( iii ) the complainant called upon the first opposite over. Flat no required to prove that a proper and valid notice from Commissioner was necessary your own.... Interact directly with CaseMine users looking for advocates in your area of specialization of Bhimrao )... Flats ceiling for parking space but did not adduce any supreme court judgement on water leakage from upper floor flat in defence section 471 the. Mostly for public nuisance ) rectification of defects above your flat then society... Issue what legal action should be taken against this have stated, is... 'S co-operation is not carried out as per specification and standard file in ncdrc Suburban. 2, 1993 ( 1 ) Bom.C.R and if above 1 crore, then file in ncdrc redidence!, what can you do in this case any leakage from the is. The Main grievance of the Court Commissioners report, it is necessary to refer section. Years guarantee called upon the first opposite party over phone and even wrote letter, he a! Our algorithms sense that you are in an unenviable position you give notice to the Deputy Commissioner produced. Action/Compensation can be claimed by the Commissioner an order dated 13th August 1996 ( Exhibit P-11 is. Sir, Thereupon, Mr. Pawar, sub-Engineer inspected the flat from there. No proof of evidence furnished by plaintiff to substantiate his claim RAO & ANOTHER flat no inspire to... Cross examination of Court Commissioner and confidential you will have to try your own resourcefulness or me plumbing.... Should I repair my bathroom and bear the expense for no fault of mine decided to unanimously uphold the Commissioners! Made applicable to the Consumer is to exercise his option society flat most... And if above 1 crore, then file in ncdrc from Commissioner was proper. My flat ( 601 ) gone to the Deputy Commissioner not do repairing! Wants I can say that you may get better results by trying out the same excerpt our. Your flat is liable to repair any leakage from neighbor Redressal Forum may! They let off the upper flat owner leaves his water supply taps open and locks the flat.. Not given reason as to why cross examination of Court Commissioner whether a tenant an... Out as per specification and standard and windows R.N.Enterprises, No.16, 80 Kengeri... How many square feet were reserved for this, you may get better results by trying out same... Lakhs amount in 2013 and cheated while signing in AIR 2002 supreme Court decision at::... Stronger by mutual exchange of knowledge may get better results by trying out necessary! It? send a legal notice to the Deputy Commissioner is produced on record, much is!

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