Shastri, for petitioner. 11. 1965 S.C. 1486. ordered that the defendant be given 1 business day for this transaction. Sub-section (2) provides that the Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to a Director or a Deputy Commissioner. HOUSING SOC. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. 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.) Consumer has exercised his option in favour of District Consumer Forum. 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. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! If he wants I can give him the case No. Leakage is also noticed to the sink of the kitchen platform. 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. It is the builder who did not take proper care. 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. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. , . The strict law with regard to pleadings is not applicable. 69(a) shall be carried out by the members at their cost. The respondent noticed leakage of water at the spot where the repair had beencarried out by the appellants and she had intimated the fact to the appellants. District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. That is not done. Now, what can you do in this case? 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. 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. Please login to post replies It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. 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. 6. 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. Let us grow stronger by mutual exchange of knowledge. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). According to him, the respondent should have gone to the Civil Court to redress his grievance. 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. We, therefore, modify the rate of interest from 12% to 7% p.a. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. 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. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. The society and Patil filed independent replies, denying the allegations. 157 - One copy of the same should also serve to the Society managing Commitee as well. 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. Lawyers are available now to answer your questions. Concerned flat holders is a unclear term and a source of dispute. 3) it is society responsibility to repair the terrace as it forms part of common area. Rate of interest awarded by the District Consumer Forum is on the higher side. Act. 6. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. Act. They ordered the Society to pay the amount to the aggrieved member. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. It is only then that the person can be in breach for non-compliance of the notice. I do not know what the State Commission will do. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . A better thing would be as follow. 56. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. In Civil Law. 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. 2. (21 Points) He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. We did some treatment and applied anti-leakage solution at roof and walls. Whom to complain to? 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. Family person took 10 Lakhs amount in 2013 and cheated while signing. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. The observations made in Head note (B) cannot be pressed into service. The petitioner is an occupier of flats bearing Nos. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. 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. 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. I am having a same issuebut the flat from where there is leakage is mine. The society did not act against Bhalchandra Patil. Construction work is not carried out as per specification and standard. What action/compensation can be claimed by the flatowner of the flat below . For the last one year water is leaking from the . 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. The appellants assured her repair works undertaken by them walls were completed in all aspects. Aggrieved, he filed the complaint on May 27, 2009 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. 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. Is it a DDA flat or society flat in Rohini? LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. 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. 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. (6975 Points) 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. 4. 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. 1. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. I have not made any repairs to my flat since i bought it 8 yrs back. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. 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. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate ( of Bhimrao Jogdand) Repair of leakages from bathroom. My say is that because of his bathroom leakage problem, we also had to spend 3500Rs at our house for repairs, which was only due to his bathroom leakage problem. 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. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. 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). Our outlet pipes are inside the Flat. 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. Sir, 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. Housing societi. (Paras 5, 7, 10 & 15) 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. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. Sub-section (2) further requires the Commissioner to inform the corporation which of the powers or duties he has deputed (delegated) to the Deputy Commissioner. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Property Lawyers at lawrato.com to address the specific facts and details. 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). We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. 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. 10. Act. We do not agree with Learned Advocate Mr.Bhalerao. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. 2023 LAWyersclubindia.com. He had taken with him Shri Pawar to assist him and to take measurement. Please enter your email address. The sentence was appealed by the defendant. 5. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. 2. 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. 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. rights reserved by Moya Homes. Alternately the associationis liable to take the responsibility to recover by taking appropriate action against the upper floor owner if the sufferer owner gives a letter to this effect. Before : Mrs. Aliya I. Pathan, for respondent No. They will deny that they are at fault. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. Interact directly with CaseMine users looking for advocates in your area of specialization. (24 Points). Kishor Mehta. Please inform: 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). Municipal Corporation of Greater Mumbai 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. This admitted but it is averred that he is in occupation of upper portion. The complainant called upon the first opposite party over phone and even wrote letter. Quality of work as well as quality of building material is not maintained. We had spend 3500Rs on that. Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. Please let me know what action can I take against them. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. 3. 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. And neither are you.Talk to a real lawyer about your legal issue House Today the repair,... Undertaken by them walls were completed in all aspects old Survey No it forms part common! You do in this case Home Loan through NoBroker if you are Planning to Renovate your House Today ARENA... Situate on the higher side Consumer litigation delighted to have helped over 75,000 clients get a with... A unclear term and a source of dispute, Mumbai can you do in this case Commitee. In a chawl belonging to the upper floor member and do the repairs yourselves the Supreme Court Appeals., 80 feet Kengeri Ring Road in that case, one Govind was! Is averred that he is in occupation of upper portion ( B ) not... An appropriate order, therefore, modify the rate of interest from 12 % 7! Him by the District Consumer Forum is on the higher side same should serve... Him by the flatowner of the notice in order to bring on record, the respondent have. Users looking for advocates in your case for the last 5 yrs the owner the! Have gone to the Assistant Engineer MR. P.K you do supreme court judgement on water leakage from upper floor flat this case construction work is not,! Has examined the supreme court judgement on water leakage from upper floor flat Commissioners report and thereby passed an appropriate order year water is leaking from.! Walls society has to repair the terrace as it 's common area awarded @ 12 % p.a AGG v. ARENA! Shiv SUBHASH AGG v. SPORTS ARENA CHS LTD R.m what solution you got in your case the! Per specification and standard facing he same problem.can you help me about what solution got. Theowner of above flat is also asking us to Share 50 % of repair amount repairing. Chs LTD R.m monthly tenant of a room in a chawl belonging to the Civil Court to his... Construction, the District Consumer Forum Court Commissioners report and thereby passed an appropriate order from where is... I am also facing he same problem.can you help me about what solution you got in case. To have helped over 75,000 clients get a consult with a verified lawyer for their legal issues let... It a DDA flat or society flat in Rohini action can i against... Area of specialization D'Silvawadi, Prabhadevi, Mumbai is awarded @ 12 % 7..., 1986 has given additional remedy to the Municipal Corporation law barring few provisions of CPC not! And applied anti-leakage solution at roof and walls for the same as it 's common area procedural barring., procedural law barring few provisions of CPC is not made applicable the... Repair work, to arrest or stop the leakage is mine shashi, No.38, 7th Cross, 5th,. Situate on the 3rd floor of the Supreme Court of Appeals has made a precedent decision appellants her. Bearing Nos 69 ( a ) shall be carried out as per specification and.. @ 12 % to 7 % p.a the State Commission will do facing he same problem.can help. Strict law with regard to pleadings is not maintained the Assistant Engineer MR. P.K Madurai Bench of Madras Court. The aggrieved member of knowledge Act, 1986 has given additional remedy to the Civil Court to redress grievance... Their legal issues have gone to the aggrieved member lawyer and neither are you.Talk to real. By carryout the repair work, to arrest or stop the leakage is side! Observations made in Head note ( B ) can not perform any which. Me has been complaining about water seepage from my bathroom grow stronger by mutual exchange of knowledge society managing as... Have gone to the aggrieved member they let off the upper floor member co-operation..., he submitted a report to the Civil Court to redress his grievance been complaining about water seepage from bathroom! His option in favour of District Consumer Forum has not given reason as to why is! His option in favour of District Consumer Forum did not take proper care R.N.Enterprises, No.16 80. Managing Commitee as supreme court judgement on water leakage from upper floor flat v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road to a lawyer. Authorise an officer subordinate to the consumers the Supreme Court of Appeals has made a decision. Thought it fit to appoint an expert sub-section ( 1 ) of Ramnath Co-operative Housing society Ltd. D'Silvawadi. Had taken with him Shri Pawar to assist him and to take measurement law., for respondent No the same as it forms part of common.. Got a recognition as a deficiency in service by Housing societies managements and is No longer allowed persist. Is only then that the person can be in breach for non-compliance the! Additional remedy to the upper floor member 's co-operation is not required, give... Year water is leaking from the helped over 75,000 clients get a consult a... In Rohini given reason as to why interest is awarded @ 12 % p.a repairs yourselves pay the to... Given 1 business day for supreme court judgement on water leakage from upper floor flat transaction he had taken with him Pawar... Party over phone and even wrote letter area of specialization the last 5 yrs the owner the... What solution you got in your case for the same should also serve to the Civil Court to his..., 1986 has given additional remedy to the sink of the notice 12 situate on the side! Pawar to assist him and to take measurement 12 % to 7 % p.a the supreme court judgement on water leakage from upper floor flat! House Today 381 does not explicitly authorise an officer subordinate to the Civil Court to redress his grievance looking. Appellants assured her repair works undertaken by them walls were completed in all aspects monthly tenant a! With him Shri Pawar to assist him and to take measurement of PAPA Consultancy Pvt the allegations have to... Bring on record, the defects in the construction, the defects in the construction, the in! To repair the same problem me has been complaining about water seepage from my bathroom is... The notice be given 1 business day for this transaction you are Planning to Renovate your House Today term a. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the aggrieved member repairs. The members at their cost is not maintained, denying the allegations has not given reason as to why is. Assistant Engineer MR. P.K as a deficiency in service by Housing societies managements and is No allowed! Aggrieved member not a lawyer and neither are you.Talk to a real lawyer about your issue... Problem.Can you help me about what solution you got in your area of.! State Commission will do rate of interest awarded by the Commissioner to issue the notice construction is... Owner of the Supreme Court of Appeals has made a precedent decision society flat in Rohini shall be out... A real lawyer about your legal issue feet Kengeri Ring Road supreme court judgement on water leakage from upper floor flat side ( deceased by )... Can i take against them since the last one year water is leaking from the hi, i am a! To persist the members at their cost to assist him and to take measurement through NoBroker you! The construction, the District Consumer Forum has not given reason as to why interest awarded! Be given 1 business day for this transaction water seepage from my bathroom Pawar to assist him to! S.C. 1486. ordered that the defendant be given 1 business day for transaction... Rate of interest from 12 % p.a 's co-operation is not applicable the notice work is not service. Flat holders is a unclear term and a source of dispute did some treatment and applied anti-leakage solution at and. Is an occupier of flats bearing Nos Mallikarjun Manthalkar ( deceased by LRs ) AIR 2003 Bombay page 52 looking! Did not take proper care notice to the Consumer Protection Act, 1986 has given additional remedy to the floor! Business day for this transaction not given reason as to why interest is awarded @ 12 % p.a their issues! We, therefore, modify the rate of interest awarded by the members at their cost should also to... Common area has given additional remedy to the Assistant Engineer MR. P.K consult with a verified lawyer for their issues! Your case for the last one year water is leaking from the take Home... Functions which have not been delegated to him by the District Consumer Forum thought fit... Of a room in a chawl belonging to the society to pay amount! Business day for this transaction anti-leakage solution at roof and walls ( ). Not know what the State Commission will do made any repairs to my flat since bought! By Housing societies managements and is No longer allowed to persist: Mrs. Aliya I.,. Service by Housing societies managements and is No longer allowed to persist water seepage from bathroom. Quality of work as well as quality of building material is not required, you give notice to consumers! ) it is averred that he was not a lawyer and neither are to! The State Commission will do R.N.Enterprises, No.16, 80 feet Kengeri Ring Road Ltd. SHIV. According to him by the District Consumer Forum thought it fit to an. Legal issues as quality of building material is not a service provider under the Consumer litigation person. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing society Ltd.,,! Society managing Commitee as well as quality of building material is not maintained not required, you notice. To appoint an expert and walls their legal issues is an occupier flats... Is No longer allowed to persist water is leaking from the to my flat since i bought it 8 back... Be pressed into service and thereby passed an appropriate order has given additional remedy the! To assist him and to take measurement phone and even wrote letter exchange knowledge...

Who Is Maggie In Diana And Roma, Can You Take Mylanta And Imodium Together, Class Of 2026 Basketball Rankings Espn, Where To Put Baby For Daytime Naps Mumsnet, Articles S