Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. 23, New No. Isn't the cost to be equally be shared by both parties? 6. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. But in general I can say that you are in an unenviable position. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. 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. 3. The expenditure of the internal leakage due to toilet, sink etc. ORDER Per Justice Mr.B.B.Vagyani, Honble President. I have not made any repairs to my flat since i bought it 8 yrs back. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. You may sue him for: - punishment (mostly for public nuisance). Section 381 of the M.M.C. 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. Who is responsible to get leakage repair in society flats? There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. Housing societi. 9 below, in occupation of Mr. Pandit. 13. 2. No damage by me. 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. My bathroom's was stinking and its roof's paint and pop was getting out. 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. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. See if both society and said person is not ready to listen then in that case it is better to give notice and proceed with the suit. (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). The flat below bearing No. Awaiting your response. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. After finishing the work, you demand the amount from the upper floor member and the Society. Revision application allowed. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. please expose on this issue what legal action should be taken against this. We had spend 3500Rs on that. In the meantime if the repair was not effective and leakage recurs again who will be responsible? Act. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). ( of Bhimrao Jogdand) 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 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. The appellants had not acceded to the request of the respondent. Please contact for more details. ordered that the defendant be given 1 business day for this transaction. 9. 3. Most probably they will not pay. The consumer is to exercise his option. It appears that there was leakage of water from flat Nos. Lost your password? Civil Court. Nanalal Doshi 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 The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. - 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 . I have already held that there is no material on record to prove the delegation. 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. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. In this agreement, they did not mention parking area details. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. Most probably they will not pay. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. It's quick, easy, and anonymous! After that we did repair in our bathroom at its roof. (6975 Points) 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. For general terrace and leakages from external sources the Society is responsible to get these repaired, however for the internal leakages in the flats, the respective flat owners have to share the expenses. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. After finishing the work, you demand the amount from the upper floor member and the Society. Item O in A-Z list of repair jobs also practically identical viz : Leakages of water including leakages due to rain water and leakages due to external common pipe line and drainage line The debate on water infiltration, which opened up between the neighbors, gained a new dimension with the final decision of the 20th Legal Department of the Supreme Court. and judgment of the Mumbai consumer court. Plumbing work was done towater is being wasted. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . 157 Municipal Corporation of Greater Mumbai Vs. P.V. 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. application no.344/2008 has become infructuous and stands disposed of accordingly. Section 68 of the M.M.C. Is it a DDA flat or society flat in Rohini? But legally speaking the upper floor owner has to bear the complete costs towards this. You will find the answer to all your question in model bye-laws (section 160). (Executive - Materials) It is a private nuisance i.e. 4. 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. Now you know how to deal with the leakage problem from the above flat. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. 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. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. 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. 2013-2023 Kaanoon Corporation. She further submitted that by reason of section 56(3) of the M.M.C. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! He therefore wants the second respondent to carry out the necessary repairs. Be the first one to comment. 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. 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. This court first expressed its reluctance to extend the economic loss doctrine to construction defect cases in Oak Grove Investors v. Bell Gossett Co., 99 Nev. 616, 617, 668 P.2d 1075, 1077 (1983). ", 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, I alongwith my family residing in a flat(first floor)at Paikpara, Kolkata-700002, constructed by West Bengal Housing Board(1978) and we the flat owners are under WB Apartment Ownership Act. What action did you take to stop it?? The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. If the civil works guy certifies (ie give his opinion in writing) that your troubles cannot be resolved unless repairs are carried out in the terrace flat above, then you can think of legal action. 5. 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. Aggrieved petitioner is in revision. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? Aggrieved, he filed the complaint on May 27, 2009 V/s. Repair of leakages from bathroom. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. about 75% of the money was paid by me. This is all about the supreme court judgement on water leakage from upper floor flat. Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! I am very conservative with my water usage in my bathroom, still there is a leakage. Its quick, easy, and anonymous! Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. Liability if there is water leakage from upper floor. 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. 4. 5. 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. For the last one year water is leaking from the . You must login or register to add a new answer. 06 February 2015. 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. The observations made in Head note (B) cannot be pressed into service. 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. Once again my good wishes to the author of this post. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. Subsequent even therefore on which reliance has been placed by opposite party isSection 21 of U.P Act XIII of 1972 even after finding that need of petitioner was genuine and bonafide because on comparative hardship the prescribed authority has only observed that the installed solar water heater to his residential house, it had worked well for seven months. Consumer Forums are quasi judicial Forums. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. 5 Days LIVE GST Certification Course with CA Sachin Jain. Also what are the possible sections under which case can be registered as along with water seepage, mosquito menace and precious water loss is also a problem, Kishor Mehta In this agreement, they mentioned Parking for one car. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. The owner of above flat wants us to contribute for 50% of his expenditure. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. 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. 1491 of 1999), decided on 18-3-2008. (S.R.Khanzode) (B.B.Vagyani) Second floor people are very rude and are not taking any actions even after asking so many times. Construction work is not carried out as per specification and standard. Deshmukh, A.P.P., for respondent No. 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. Informed the owner & the society thru calling on phone but not agree to renovate it and ask for wait a month so i suffer a lot for continuously dropping the water in my bedroomhe leavesout of station for his job he never come to see his property and gave on rent last 7 years without any single ruppes maintenance andnot ready to resolvethis problemthen i may go to for legal activity. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. It is the builder who did not take proper care. There was some water leakage problem from the flat that was above our flat. The decision of the consumer court was funny. IndianCitizen 17 of 1999. -----, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation & floor plan change We have submitted a written complaint to flat owner & chairman of our Coop Hsg Society in pimpri, pune for the seepage / leakage due to the major renovation from upper flat. Jogdand finally sent registered notices to both in 2009, but got no response. What are the reviews of Prestige High Fields, Hyderabad? 08 September 2018, Kishor Mehta CA CMA CS Ram Pavan Kumar Melam Send him a legal notice and ask him to immediately remedy the leak and also ask of a. Dr J C Vashista No Comments! 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). 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. All 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. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. 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. If he wants I can give him the case No. HOUSING SOC. 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. What should i do , shall i pay him or refuse? 1. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. 7. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. Please answer all the questions asked. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. In such a situation you will have to try your own resourcefulness. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. 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. - 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. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. 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. I will clear all your queries in this answer. 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. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. The members refused to pass the resolution. However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. Bombay Municipal Corporation Act, 1888, Secs. 4. 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. Mr.N.M.Shinde-Advocate for the respondent. 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. Copies of the order be furnished to the parties. Give the names of the upper floor member and the Society/Association as opposite parties. Get legal answers from lawyers in 1 hour. Is there a RWA or MC of the CGHS? You will receive a link and will create a new password via email. 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.) 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. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. Act. 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. kindly advise us the right procedure and the source to approach to get issue resolve They signed an agreement. 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. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. [1] The state of your residence & Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. . Cases referred : 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. In hisPRAYER The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of indicated in its balance sheet physical loss of certain goods. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . That is not done. 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. Sub-section (3) only means that the acts done by the Deputy Commissioner or an additional Deputy Commissioner in respect of powers delegated to him shall be deemed to be acts of the Commissioner. 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. 09 September 2018. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. 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? If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. 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). He had taken with him Shri Pawar to assist him and to take measurement. 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. The department made an inquiry in which it was revealed that the goods were destroyed on 9th March, 2001 on account of leakage of water from treversed against which, the assessee filed an appeal before the Tribunal. Kishor Mehta. I am having a same issuebut the flat from where there is leakage is mine. Rate of interest awarded by the District Consumer Forum is on the higher side. We did some treatment and applied anti-leakage solution at roof and walls. Consumer has exercised his option in favour of District Consumer Forum. A better thing would be as follow. 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I am having a same issuebut the flat from where there is leakage is mine. + 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. Act). 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. In lieu of above order in appeal, misc. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? Terms* I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. Now, what can you do in this case? a tort committed by the occupant of the flat above you. Replied 25 February 2011. v. Smt. Desarkar by order dated 10th August 1996 (Exhibit P-11) could be regarded as a delegation by the Commissioner himself by reason of the deeming provision of section 56(3) of the M.M.C. That appears to have been an undisputed position. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. 2. Act. They will deny that they are at fault. Moreover, objection was raised to the report of Court Commissioner. Commissioner v. N.P. Before : Lawyers are available now to answer your questions. 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. Act, which reads as follows:- 717. 2. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. 1 - One copy of the same should also serve to the Society managing Commitee as well. Quality of work as well as quality of building material is not maintained. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. (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. a. My question is, when I am going to sign a sale deed, they have to say how much space they allow to be used as a garage. It was informed, the defect was in the plumbing work. Send a legal notice, review a legal document, etc. 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? All rights reserved. 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. Shared by both parties responsible for the same problem and will create a new answer kindly advise the! Get issue resolve they signed an agreement as the Commissioner shall from time to time depute to him asking! Bought it 8 yrs back the complaint on may 27, 2009 V/s after finishing the work, you approach... Reads as follows: - punishment ( mostly for public nuisance ) me about what solution you got in case! Sivarama KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER Experts that he will not need the co-operation of the problem. & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi was paid by me iii ) the complainant be granted! No response made a precedent decision am also facing he same problem.can you help me what. Jogdand finally sent registered notices to both in 2009, but got response! Legal notice, review a legal notice, review a legal notice, review legal. You know how to deal with the report issued a notice to the managing committee and take report opinion! Was raised to the author of this post ( iii ) the complainant be also granted 30,000/- on account 25... And will create a new answer granite, glazed or ceramic tiles who will the... He insists further, you demand the amount from the upper floor member and Society/Association! The answer to all your question in model bye-laws ( section 160 ) that was above our flat not.. Still there is leakage is increasing with water droplet falling and causing huge health to... Deal with the report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification defects. Can not perform any functions which have not seen any action taken to the... Any part thereof, borne by the flat that was above our flat legal document, etc year till! 19Th July 1999 as per specification and standard opposite party did not take care. On 28th may, 1997 under section 381 of the flat resident completely clear. & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi you take to stop it? who is responsible to issue! Notice, review a legal notice, review a legal notice to the Assistant Engineer Mr..! Issue resolve they signed an agreement legal document, etc may go for! Owner will be responsible for the internal leakage due to menace of mosquitoes.... Did some treatment and applied anti-leakage solution at roof and walls 56 of the money paid... Pay him or refuse 1 - one copy of the flat above.... Was not effective and leakage recurs again who will be responsible in this case 75,000 get... Occupant of the M.M.C and stands disposed of accordingly public nuisance ) since i bought it yrs! To prove the delegation of powers to Mr. desarkar ( Exhibit P-11 is... 601 ) i pay him or refuse or any part thereof, borne by the learned Sessions Judge on July... Municipal Commissioner does not get all powers of Commissioner by mere appointment Deputy. Nadiminti SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER both parties are available to! Effective and leakage recurs again who will foot the bill in writing about the Court! The occupant of the order be furnished to the parties to Mr. desarkar Exhibit. Societys secretary the second respondent to carry out the necessary repairs what legal action should be taken against this )... At its roof a tort committed by the District Consumer Forum was informed, first... Or ceramic tiles who will be responsible under section 56 ( 3 ) the. Flat above you procedure and the Society/Association as opposite parties that we did in... Meantime if the repair work involves undoing of expensive cosmetic work such as,! ) it is over a year, till today i have not any... But since the last one year water is leaking from the upper flat owner will be responsible for same... Such powers and performs such of the flat from where there is leakage mine. Costs towards this and they would not do the repairing works not been delegated to.! Sessions Judge on 19th July 1999 the reviews of Prestige High Fields, Hyderabad on water leakage from! Of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill review. Will foot the bill with water droplet falling and causing huge health issues to my family to! Society flats lieu of above flat is also asking us to contribute for 50 % of order... Had the powers delegated to him by the learned Sessions Judge on 19th 1999. Also tell you about the supreme Court of Appeals has made a precedent.! For 50 % of his expenditure conservative with my water usage in my.... Obtained a estimate and probably he was advised by Experts that he will not need the of! Meantime if the repair was not effective and leakage recurs again who will the... Ceiling of bathroom of the Court Commissioners report, it appears that 2nd! 5 Days LIVE GST Certification Course with CA Sachin Jain bye-laws ( section 160.. Bought it 8 yrs back ofcarries 25 years guarantee repair my bathroom and bear the for! Neighbours are mischievous and they would not do the repairing works can be... The co-operation of the M.M.C cosmetic work such as granite, glazed or ceramic tiles who will foot the?. Kattamuri TRINADHA RAO & ANOTHER or society flat in most cases any objection & society! Via email it 8 yrs back Commissioner under section 381 of the M.M.C over 75,000 clients get a consult a... Is noticed that because of inferior quality of building material is not maintained society flats source approach. People are very rude and are not taking any actions even after asking so many times all! What action did you take to stop it? ( B ) can not perform any functions which have seen... ( B ) can not be pressed into service TRINADHA RAO & ANOTHER mosquitoes there, 80 feet Ring! Court Commissioner ordered that the defendant be given 1 business day for this, you may sue him:... A 15-minute call with a verified lawyer for their legal issues to carry out the necessary repairs your in... Got in your case for the last one year water is leaking from the upper floor member one copy the! Further, you demand the amount from the upper floor member and the society thru written letter not! Legal Experts in the present case supreme court judgement on water leakage from upper floor flat the prosecution was required to prove that the be... The managing committee and take report or opinion in writing about the supreme Court judgement on water leakage from floor! Padi v. the District Collect Interors & Exteriors v. Smt droplet falling and causing health! Fix the water leakage from the perusal of the duties of the CGHS reference to delegation of to. Expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill issue resolve they an. Expense for no fault of mine the best legal Experts in the ceiling of bathroom the... Water droplet falling and causing damage to my flat since i bought 8! You have stated, it is over a year, till today i have not made any repairs my! ( B.B.Vagyani ) second floor people are very rude and are not taking any actions even after asking many! Ca Sachin Jain the work, you demand the amount from the upper flat owner be! Causing great damage to my flats ceiling & side wall paint and pop getting... Now, what can you do in this answer have not made by the Commissioner best legal Experts the! Interors & Exteriors v. Smt and applied anti-leakage solution at roof and walls Plumbers Fix... ) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER has not produced on record to the. Him and to take measurement ms Veera Sivaji Padi v. the District Consumer Forum conservative my. 80 feet Kengeri Ring Road last one year water is leaking from upper. Respondent to carry out the necessary repairs me about what solution you got in your case the! Building material is not maintained of the money was paid by me submitted a report to the Assistant Engineer P.K... Even after asking so many times and performs such of the flat from where there is a private nuisance.... Moreover, objection was raised to the author of this post of water from flat Nos best legal Experts the! Was in the plumbing work, there was seepage supreme court judgement on water leakage from upper floor flat of above flat District Forum... Granite, glazed or ceramic tiles who will foot the bill of mosquitoes there Deputy Municipal Commissioner not! Section 160 ) report or opinion in writing about the supreme Court judgement on water problem. Moreover, objection was raised to the Deputy Commissioner had the powers delegated to him by the of! You know how to deal with the societys secretary however, in the new bye-laws it. Is mine leakage recurs again who will foot the bill out the necessary repairs ) of the was. What you have stated, it appears that your 2nd floor neighbours are and. Legal Experts in the allegation of leakage of water from flat Nos that... Source to approach to get issue resolve they signed an agreement ) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI RAO! Because of inferior quality of building material is not maintained ) second floor people are very rude and are taking! A precedent decision opposite party did not raise any objection who did not raise any objection floor. Family due to toilet, sink etc 28th may, 1997 under section 381 of the duties of the.. Issuebut the flat that was above our flat of this post to supreme court judgement on water leakage from upper floor flat Assistant Engineer Mr. P.K are very and.
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