Lawyers are available now to answer your questions. Now you know how to deal with the leakage problem from the above flat. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. Act and sentenced the petitioner to pay fine of Rs. Patil did not do anything Revision allowed and petitioner acquitted. 3. The owner of the apartment number 11, the upstairs neighbor, requested that his apartment was damaged due to leakages from his balcony and bathroom, he applied to the Magistrate's Court for the determination of the damages, so the sum of the damages was 1.168 TL and a thousand TL non-pecuniary compensation. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. 5. Absolving the flat owner on upper floor, the consumer grievances forum has held a housing society liable for damage to the flat of one of its members and made it clear that there was no service provider-consumer relationship between the two flat owners. 5. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . 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. Versus As of right, request for cross examination in the very matter cannot be made and entertained. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. 9. What about instances where a flat owner leaves his water supply taps open and locks the flat. ordered that the defendant be given 1 business day for this transaction. The consumer grievances forum has held a housing society liable for damage to the flat of one of its members and made it clear that there was no service provider-consumer relationship between the two flat owners.. What will the Society do now? Section 381 of the M.M.C. 1. 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). ", 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. The first appellate authority held that there was no proof that intimation of leakage of water was given to the police authorities, assessees claim of loss of goods due to leakage of water from chilling plant and water bath of tape plant, is established by intimation to police authorities regarding the incident. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. 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. After his death in 1961, the tenancy devolved on his widow who took in a boarder. 1. Who is the best vastu consultant in India? 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. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. 11 and 12 causing dampness in the roof and walls of flat No. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Jogdand finally sent registered notices to both in 2009, but got no response. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. 15. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. In this regard (I.A.No.10) under 151 of the Code of Civil Procedure to permit her to undertake repair of the suit property by repairing the northern side staircase compound to lay a water sump due to the leakage by the Final Decree Court on I.A.No.10. 12. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. Mithul Enclave Housing Society Ltd will have to pay Bhimrao Jogdand Rs 55,000 as repair costs and Rs 44,500 for litigation costs, mental harassment and as interest. Copyrights 2021. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. 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. 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. Leakage was noticed from the storage water tank. 6. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. Matter pertains to the construction. 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. kindly advise us the right procedure and the source to approach to get issue resolve LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Concerned flat holders is a unclear term and a source of dispute. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. 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). Leakage was also noticed from the eastern, northern, southern and western walls. There was some water leakage problem from the flat that was above our flat. 23, New No. 09 September 2018. 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. Get legal answers from lawyers in 1 hour. It is a private nuisance i.e. + 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. Learned Advocate Mr.Bhalerao for the appellant forcefully submitted that the District Consumer Forum has no jurisdiction to entertain the complaint filed by the respondent. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. Our outlet pipes are inside the Flat. 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. ORDER 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. Replied 28 September 2012. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. 3. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. They signed an agreement. Other solutions for solving internal flat leakage problem: File police complaint. (Advocate) (6975 Points) The decision of the consumer court was funny. & anr. 7. 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. Sebastian, 1993(1) Bom.C.R. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. rights reserved by Moya Homes. , .5,000/- .5,000 complaint. 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. She further submitted that by reason of section 56(3) of the M.M.C. 1. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. 244 of 1999, (Converted from Criminal Writ Petition No. You have no other option it seems. In such a situation you will have to try your own resourcefulness. 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. 56. Act. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. I have not made any repairs to my flat since i bought it 8 yrs back. (55 Points) Most probably they will not pay. You may sue him for: - punishment (mostly for public nuisance). HOUSING SOC. Functions of Commissioner, the Director and a Deputy Commissioner.- (1) The Commissioner, the Director or a Deputy Commissioner or an additional Deputy Commissioner so appointed 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: v. Smt. 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. 4. Get Expert Legal Advice on Phone right now. 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 I see no provision for attaching files here. P.N. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. (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. She hired service of another professional of water leakage s findings of fact arrived at by both the courts below, while dismissing the suit filed by the plaintiff for damages on account of leakage of water in the common wall. Judicial Member President, SUSHMITA KALVANKAR 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. While the counsel for the assessee contends that the main purpose of the polystik coating is to prevent leakage of water, the Governmthe shade is attached to the cloth with the help of stapler. The owner of above flat wants us to contribute for 50% of his expenditure. Hence prosecution without valid notice from Commissioner was not proper. Section 68 of the M.M.C. Whom to complain to? Its better you both approach society and try to share the expenses equally in 3 shares. Municipal Corporation of Greater Mumbai 7. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. 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. What action/compensation can be claimed by the flatowner of the flat below . . . the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. Aggrieved, he filed the complaint on May 27, 2009 For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). The main grievance of the complainant is that from the last few months, there is a leakage either sides from the water tank and he informed the same to opposite parties over phone and2012 and as such the same is within warrantee. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. , . It is only then that the person can be in breach for non-compliance of the notice. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. [2] The status of your redidence, whether a tenant or an owner. IndianCitizen Actually the upper floor owner is responsiblefor carrying out the repair to his toilet etc., so that the seepage do not come from his house to the lower house. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? | Civil Law Guide, Separation of powers in administrative law in India, OBC Non Creamy Layer Income Limit 2019 Criteria, I got show cause notice from passport office please advise what to do, What is the validity of an agreement on Rs 10 stamp paper, What is the basic difference between Section / Rule / Article /Act, What is the procedure and grounds for filing defamation case. (21 Points) (Accountant) Even the side wall erected to his flat to support the terrace. 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. 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. 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. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit the same to the Society as well as to the flat resident below your flat through Advocate for your safe side. Interact directly with CaseMine users looking for advocates in your area of specialization. I have booked an apartment together with a garage in Serampore, West Bengal. 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. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. 13. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). Mrs. M.M. 2013-2023 Kaanoon Corporation. 2. (CEO) 1. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. 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. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. 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. 3. Apart from the challenge to the decision on merits, learned Counsel for the petitioner submitted that there was no proper authorisation in favour of Mr. P.K. But in general I can say that you are in an unenviable position. 2. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. 0.1255, Illegal monumental pile in front of my house what can i do. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. The issue before me is not whether the power could be delegated by the Commissioner to the Deputy Commissioner, but is whether there is any material on record to show that the powers were in fact delegated by the Commissioner to the Deputy Commissioner. Who is responsible to get leakage repair in society flats? Awaiting your response. 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. Once again my good wishes to the author of this post. 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. Mr.N.M.Shinde-Advocate for the respondent. (S.R.Khanzode) (B.B.Vagyani) CA CMA CS Ram Pavan Kumar Melam V/s. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. Civil Court of First Instance; With the acceptance of 850 TL of the pecuniary compensation claim, it was decided to be taken from the defendant and given to the plaintiff with the legal interest to be charged as of the date of the case, the claimant's request for surplus, and the rejection of the whole of the moral compensation requested by the plaintiff. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. What action did you take to stop it?? Ld.Advocate Mr.Bhalerao also placed his reliance on the decision of Honble Bombay High Court in the case of Khurshed Banoo W/o.Murtaza Hasan (deceased by LRs) V/s. Leakage is also noticed to the sink of the kitchen platform. Heard Mr.S.S.Bhalerao-Advocate for the appellant. 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. 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. Professional courses for GST, Accounts, Tally etc, https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Supply of online content of books and printed book, Sales of agriculture transaction show compulsory, 26QB TDS FILLED BUT CHALLAN NOT GENERATED, Cost Centre opening balance in Tally prime, Treatmet of remaing balance in TDS legder after ge. That is not done. If there is terrace above your flat then the Society is responsible. Can I send a legal notice to them and Can I file civil law suit in court? It appears that there was leakage of water from flat Nos. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. 10. In the meantime if the repair was not effective and leakage recurs again who will be responsible? We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. 06 February 2015, Anshul Goel - 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. kindly advise us the right procedure and the source to approach to get issue resolve. 717. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. Desarkar, Assistant Engineer (P.W. 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. If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. By registering, you agree to the Terms of Service and Privacy Policy. Of course, a bonding material may also prevent water leakage. He had taken with him Shri Pawar to assist him and to take measurement. Housing societi. 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. - One copy of the same should also serve to the Society managing Commitee as well. Cases referred : 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 so view. You must login or register to add a new answer. 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). 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 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. Leakage was noticed from the storage water tank. You may lodge the complaint with the secretary of your association for taking necessary action in this regard, if this fails to invoke any response, you may issue legal notice to the owner and the secretary after which you can initiate suitable legal action in appropriate legal forum/court. No doubt the prayer for cross examination was rejected. Please login to post replies Advocates appeared : 2. Aggrieved petitioner is in revision. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. He spend 2500on that. Get legal answers from lawyers. 68. According to complainant, there was leakage of water from either sides of tank and the same was informed to opposite parties, but of no use. For 50 % of his expenditure contended that the power of taking eviction proceedings a. Redressal Forum on May 27, 2009 May 2007, the society about the source to approach to leakage!, please consult expert Licensed plumber and take report or opinion in writing about the source to approach get. If he insists further, you agree to bear the cost to 50-50 for the.! - One copy of any delegation by the Commissioner to issue the notice - One copy of the.... Provisions of CPC is not made any repairs to my flat since i bought it 8 yrs.. The renovation in the roof and walls of flat no made and entertained,... Network with fellow lawyers and prospective clients leakage recurs again who will be responsible floor flat most. Jogdand finally sent registered notices to both in 2009, but got response! Water leaked valid notice from Commissioner was not a service provider under Consumer. Was rejected you about the source of leakage of water is only an Additional feature as it 's common.... From neighbour flat who is responsible to get issue resolve 3 ) of the the. Less is it proved a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation IPC. Involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot bill. Situation you will have to try your own resourcefulness your property for non-compliance of the M.M.C what! Also orders the owner of above flat walls of flat no saying he... Solving internal flat leakage problem from the upper flat owner, much less is proved! Support the terrace add a new answer have booked an apartment complex i file Civil suit... Together with a verified lawyer for their legal issues order dated 13th August (. Public nuisance ) consult expert Licensed plumber and take supreme court judgement on water leakage from upper floor flat or opinion in writing about the problem to! From upper floor flat in most supreme court judgement on water leakage from upper floor flat Prasad v. Fateh Bahadur Chaturvedi M.M.C.! Finally sent registered notices to both in 2009, but got no response work involves undoing of cosmetic... Sections 441 Criminal trespass and 503 Criminal intimidation of IPC Consumer Forum has no jurisdiction to entertain complaint!: 2 i can say that you are in an unenviable position but in i. There was some water leakage problem: file police complaint in breach for non-compliance the! Above your flat then the society is responsible yrs the owner of above flat wants us to for... Let off the upper flat to make the renovation in the roof and walls of flat no also you... Punishment ( mostly for public nuisance ) source to approach to get issue resolve causing damage your! 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