supreme court judgement on water leakage from upper floor flat

Mrs. Aliya I. Pathan, for respondent No. It is the builder who did not take proper care. should be borne by concerned flat holders, with the consent of the society. CA CMA CS Ram Pavan Kumar Melam But legally speaking the upper floor owner has to bear the complete costs towards this. At the time of Hud Hud Tuffan and also recently when there was rainfall, there was leakage either in the form of paper or shade with the help of stapler. She further submitted that by reason of section 56(3) of the M.M.C. Quality of work as well as quality of building material is not maintained. 1. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. Tremendous water leakage is happening from second floor due to which my both bathroom walls are leaking and now leakage has reached to my bedroom as well. In such circumstances, you can obtain an order from the competent court to force your neighbour to carry on such repairing works. 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. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. I do not know what the State Commission will do. It also observed that despite notices, the society made no attempt to stop the work in Patils flat and neither did it complain to civic authorities. Construction work is not carried out as per specification and standard. 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. Mr. Abhishek Bhateja, Advocate for respondent No.8. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Seepage was noticed in the bathroom, which is below the staircase of the ground floor. The complainant called upon the first opposite party over phone and even wrote letter. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. The sentence was appealed by the defendant. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. The society and Patil filed independent replies, denying the allegations. The consumer jurisprudence is altogether different. Now, what can you do in this case? Act). Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. 6. (Scientist/Engineer) Act. 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. I have not made any repairs to my flat since i bought it 8 yrs back. [2] The status of your redidence, whether a tenant or an owner. [1] The state of your residence & Heard Mr.S.S.Bhalerao-Advocate for the appellant. Section 471 of the M.M.C. Sebastian, 1993(1) Bom.C.R. It is a private nuisance i.e. | 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. Act the Commissioner is empowered to delegate any of his powers, duties and functions conferred upon, assigned or vested in him to any Municipal Officer by a general or special order made from time to time. Its quick, easy, and anonymous! They signed an agreement. Your experience on this site will be improved by allowing cookies. 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. They ordered the Society to pay the amount to the aggrieved member. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. kindly advise us the right procedure and the source to approach to get issue resolve You must get a legal notice served upon the member above, and also your housing society, through your counsel (Advocate), to get the repairs done; intimating them that you are well within your rights to move the cooperative court against them, if they don't comply. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. 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). No Comments! 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. & anr. 06 February 2015. Ltd. All Rights Reserved. Case in hand is simple one and can be settled on the basis of affidavits. Learned Advocate Mr.Bhalerao then submitted that the District Consumer Forum should not have relied upon the report of Court Commissioner, when his request for cross examination was rejected. What are the reviews of Prestige High Fields, Hyderabad? Aggrieved, he filed the complaint on May 27, 2009 The revision application is accordingly allowed and the petitioner is acquitted of all the charges. 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. I am having a same issuebut the flat from where there is leakage is mine. 5. Sebastian)2, 1993(1) Bom.C.R. Please answer all the questions asked. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. In the absence of the proof that the Commissioner had delegated his power to issue notice under section 391 to Deputy Commissioner, the delegation by the Deputy Commissioner to Mr. P.K. 11 and 12 causing dampness in the roof and walls of flat No. Complainant claimed Rs.1,80,000/-. No damage by me. The appellants had not acceded to the request of the respondent. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. Once again my good wishes to the author of this post. (CEO) 2. The same is made by the Deputy Municipal Commissioner. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. 2. 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. Who is the best vastu consultant in India? Revision application allowed. Undoubtedly, by section 68 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. Please contact for more details. Advocates appeared : Desarkar was authorised to issue notice under section 381 of the M.M.C. FIRST APPEAL NO.1249 OF 2007 Date of filing : 05/10/2007, IN CONSUMER COMPLAINT NO.77/2007 Date of order : 25/03/2009, DISTRICT CONSUMER FORUM, PUNE @ MISC. (Job) 9 situated on the second floor of the building is in occupation of Mr. Pandit. (NA) 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. 5. 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. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. In order to sustain the conviction for breach of section 471 of the M.M.C. Sir can i get the case no and judgement. I have not made any repairs to my flat since i bought it 8 yrs back. The petitioner did not adduce any evidence in defence. 2013-2023 Kaanoon Corporation. I will clear all your queries in this answer. 4. The 18th Civil Chamber of the Supreme Court of Appeals, which evaluated the appeal of the parties, overturned the judgment on the grounds that the court in charge of the trial was the Court of Peace. 6. 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. 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. .2,000/-( ) (.28,900 + 19,456) .48,356/- . A better thing would be as follow. - 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. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . We do not agree with Learned Advocate Mr.Bhalerao. Please login to post replies First of all you got to get the situation assessed by a civil works (construction/renovation) professional, whether the leakage is due to the terrace flat above you. 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. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. 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. 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. The decision of the consumer court was funny. Act. 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. I'm prepared to handle your case as your counsel (Advocate). 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. 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. Get expert legal advice from multiple lawyers within a few hours. 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 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. 12. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. Act and sentenced the petitioner to pay fine of Rs. 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. 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. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. Since the Model Bye Laws 2013 are not yet finalized (As confirmed by office of District Housing Federation Mumbai) there is still an opportunity to recognize the views of Consumer Forum. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. According to him, the respondent should have gone to the Civil Court to redress his grievance. 15. 07 February 2015. 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). 11. 68. 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. Act. 717. Sir, perused your problem in details. (Accountant) Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. 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