**** ANIL KSHETARPAL, J. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. Sub-section 2-A also provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner are appointed, the Commissioner may prescribe the respective spheres of operation of them meaning thereby he may delegate some powers to the Deputy Commissioner and some powers to the additional Deputy Commissioner or additional Deputy Commissioners and he may retain some powers to himself without delegating them to the Deputy Commissioner or an additional Deputy Commissioner. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. No Comments! Second floor people are very rude and are not taking any actions even after asking so many times. Appeal is partly allowed. owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. 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. Mr. Abhishek Bhateja, Advocate for respondent No.8. How to send property partition legal notice. 07 February 2015. Act. 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. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. 5 Days LIVE GST Certification Course with CA Sachin Jain. 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. Since O.Ps did not rectify the leakage of water from the plot no.304 of 1st O.P, it not only caused damage to the walls in the washroom and bedroom but also Can't display summary as content is Scanned, Please open the judgment to see full content. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI (2 Points) Act authorises the Commissioner to delegate any of his powers, duties and functions to any Municipal Officer by a general or special order made from time to time. 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. Bombay Municipal Corporation Act, 1888, Secs. This repair work shall be carried out immediately and without any delay, if not already carried out.4. They maintained that the court order was to the Managing Committee members. In my view, the prosecution has failed to prove that Mr. P.K. The members refused to pass the resolution. 5. Appellant could have tendered the questionnaire to the Court Commissioner. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. Isn't the cost to be equally be shared by both parties? We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. Most probably they will not pay. 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. You will receive a link and will create a new password via email. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? 1965 S.C. 1486. Four rooms vacated in lower portion are stated to be unfit for living or professional use due to leakage of water and dampnesseffectively be done only by appointment of a Commissioner who may ascertain if there was leakage of water and it was damp. ", 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. The sentence was appealed by the defendant. 4. 1491 of 1999), decided on 18-3-2008. I am leaving on first floor in my building. 6. 10. 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. 4. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. Complain to police for creating nuisance and mischief. (a) Deleted All rights reserved. You need to approach civil court if you want to dispute the same, issue legal notice to neighbour to repair the terrace, if he fails to do so society has to take action against flat owner, if society fails to do so act as mentioned herein above. 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. What are the reviews of Godrej Splendour, Whitefield, Bangalore. Whom to complain to? From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. Rejecting the contention, the Supreme Court held that though the quasi judicial power cannot ordinarily be delegated unless the law expressly or by clear implication permitted it, sections 105-D and 105-E of the M.M.C. this causes damage to the flat below. 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. IN THE HIGH COURT OF KARNATAKA AT BENGALURU 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. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. 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. We did some treatment and applied anti-leakage solution at roof and walls. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. Liability if there is water leakage from upper floor. Who is Responsible to Get Leakage Repair in Society Flats. 12. Judicial Member President, SUSHMITA KALVANKAR Deshmukh, A.P.P., for respondent No. (S.R.Khanzode) (B.B.Vagyani) 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. please expose on this issue what legal action should be taken against this. Other solutions for solving internal flat leakage problem: File police complaint. (23 Points) 2. Aggrieved, he filed the complaint on May 27, 2009 . It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. Be the first one to comment. Revision allowed and petitioner acquitted. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Matter pertains to the construction. 2023 LAWyersclubindia.com. Thanks, Amith A He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. 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. 2. It is the builder who did not take proper care. Even the side wall erected to his flat to support the terrace. Jogdand finally sent registered notices to both in 2009, but got no response. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. 717. I will clear all your queries in this answer. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. 08 February 2015, Amit Karkera What action/compensation can be claimed by the flatowner of the flat below . The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. How to stop water leakage from concrete roof? Act. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. In the circumstances, that decision is also of no assistance to the respondent. 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. See you can give a legal notice to the society and the above flat owner asking them to repair the Terrace and seeking damages for the loss if on notice the society and the person fails to repair you can file a suit seeking direction to repair the roof and seeking damages. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. 9. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. 2. 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). He does not get all powers of Commissioner. 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. - As per law, the upper floor owner is responsible for repairing the water leakage . a tort committed by the occupant of the flat above you. I think the society or the builder should bear the expense. 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. 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). 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. You must login or register to add a new answer. It appears that there was leakage of water from flat Nos. 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 Get legal answers from lawyers in 1 hour. It is responsible to pay the complainant, the forum said. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat, 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages, 3) it is society responsibility to repair the terrace as it forms part of common area, 4) also seek litigation costs and compensation for mental torture under gone by you. & anr. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. Heard Mr.S.S.Bhalerao-Advocate for the appellant. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. In the result, we pass following order:- Whose responsibility will it be to get the repairs done, the cooperative housing society or me? 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. (2 Points) 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. 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. Now, what can you do in this case? I am having a same issuebut the flat from where there is leakage is mine. 1. application no.1683/2007 for stay stands disposed of. Case in hand is simple one and can be settled on the basis of affidavits. Act. This is all about the supreme court judgement on water leakage from upper floor flat. Section 471 of the M.M.C. - One copy of the same should also serve to the Society managing Commitee as well. Karnik D.G., J. 244 of 1999, (Converted from Criminal Writ Petition No. 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. Seepage was noticed in the bathroom, which is below the staircase of the ground floor. Please inform: Mrs. M.M. 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.. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. 5. 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). The petitioner did not adduce any evidence in defence. The observations made in Head note (B) cannot be pressed into service. 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. He spend 2500on that. It was informed, the defect was in the plumbing work. 3. You will find the answer to all your question in model bye-laws (section 160). Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. 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. Copyrights 2021. 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. Delegation of powers of Municipal Authorities.- Any of the powers, duties and functions conferred upon, assigned to or vested in the Corporation the Mayor, Commissioner or the General Manager, Brihan Mumbai Electric Supply and Transport Undertaking, by or under this Act, may be exercised, performed or discharged by any Municipal Officer to whom such powers, duties and functions are delegated by the concerned authority by general or special order made, from time to time, in this behalf. 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. In this agreement, they did not mention parking area details. (Advocate) What action did you take to stop it?? Revision application allowed. 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