supreme court judgement on water leakage from upper floor flat

It is a private nuisance i.e. 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. should be borne by concerned flat holders, with the consent of the society. Judicial Member President, SUSHMITA KALVANKAR Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. Whom to complain to? Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. a. V/s. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. (v) Water Storage Tanks, (ix) Terrance and parapet walls (x) Structural repairs of roofs of all flats, (xiv) All leakage of due to rainwater, and leakage due to external Common pipeline and drainage line. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. . Dr J C Vashista 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. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. ", 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. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. 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. In the circumstances, that decision is also of no assistance to the respondent. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. 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. She further submitted that by reason of section 56(3) of the M.M.C. Now, what can you do in this case? 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. The members refused to pass the resolution. 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. Cases referred : So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. 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. (Advocate) -----, 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. If there is terrace above your flat then the Society is responsible. Versus The observations made in Head note (B) cannot be pressed into service. Fine, if it has been paid, be refunded to the petitioner. 300/- and in default to suffer simple imprisonment for 7 days - Appeal against it dismissed by Sessions Court - Contention that presentation without proper notice by Commissioner under section 381 was erroneous - Contra that notice was properly given by Deputy Municipal Commissioner, officer under powers delegated by Commissioner - Held, as per section 56 all acts of Deputy Municipal Commissioner/Additional Commissioner are deemed to be done by Commissioner. kindly advise us the right procedure and the source to approach to get issue resolve However, I require an exhaustive consultation session with you first, to brief you on detail. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. , .5,000/- .5,000 complaint. All They ordered the Society to pay the amount to the aggrieved member. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. We did some treatment and applied anti-leakage solution at roof and walls. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. In every one out of two housing societies in Mumbai there is a constant quarrel on who attends water leakage in the ceiling of a bathroom. In this agreement, they mentioned Parking for one car. The Complainant member carried out the repairs and claimed the amount from the Society. Lawyers are available now to answer your questions. - 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. Who is the best vastu consultant in India? Mr. Abhishek Bhateja, Advocate for respondent No.8. [1] The state of your residence & As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. 2. The prosecution examined Mr. Pawar, Junior Engineer (P.W. Your experience on this site will be improved by allowing cookies. Before : The petitioner did not adduce any evidence in defence. Construction work is not carried out as per specification and standard. I am very conservative with my water usage in my bathroom, still there is a leakage. 08 September 2018, Kishor Mehta Copyrights 2021. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. Repair of leakages from bathroom. No doubt the prayer for cross examination was rejected. Learned Counsel for the Municipal Corporation also referred to and relied upon a decision of this Court in (Municipal Corporation of Greater Mumbai Vs. P.V. The Chamber decided to unanimously uphold the court decision. 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. 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. (CA) It is the builder who did not take proper care. 2013-2023 Kaanoon Corporation. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Now you know how to deal with the leakage problem from the above flat. 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. 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. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. In this agreement, they did not mention parking area details. 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. Mrs. Aliya I. Pathan, for respondent No. R/o. The leakage is increasing with water droplet falling and causing damage to my flats ceiling . 2. ( of Bhimrao Jogdand) 7. 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. 5. Hi, I stay in a co-operative housing society. Criminal Revision Application No. (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. However, there was no leakage. (NA) You have no other option it seems. Forum. Act. Sub-section (1) of section 56 provides that a Director (appointed under section 54(A) or a Deputy Commissioner or an Additional Deputy Commissioner 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. 4. 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? He is to perform all such acts which Commissioner deputes him to do from time to time. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. The society did not act against Bhalchandra Patil. I will clear all your queries in this answer. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. 11 and 12 causing dampness in the roof and walls of flat No. I will clear all your queries in this answer. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. Construction work is not carried out as per specification and standard. Explain him that you need not pay anything to him. 23, New No. KARNIK D.G., J.: - By this revision application, the petitioner challenges the judgment and Order dated 19th July 1999 passed by the Court of Sessions for Greater Mumbai dismissing Criminal Appeal No. Desarkar cannot be regarded as delegation under section 68 of the M.M.C. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . 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. 5. Desarkar was authorised to issue notice under section 381 of the M.M.C. Complainant Nandakumar Rege, the CEO of Thane District Housing Co-Operative Federation, stated that his flat on the ground floor of Manali building at Abhinav co-operative housing society in . Replied 03 January 2021, Swarnava Ghosh What should i do , shall i pay him or refuse? Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Thanks and regards. Good Luck, 8. This section says that society is required to fix all types of leakage of water at its cost. 17 of 1999. Interact directly with CaseMine users looking for advocates in your area of specialization. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. **** ANIL KSHETARPAL, J. As of right, request for cross examination in the very matter cannot be made and entertained. 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 lieu of above order in appeal, misc. Thanks, Amith A the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. (2 Points) This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. Once again my good wishes to the author of this post. Most probably they will not pay. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. The observations made in Head note ( B ) can not be regarded delegation... By reason of section 56 of the upper floor member saying that he was responsible for damages..., Mr. Pawar, Junior Engineer ( P.W the contention of the upper flat to make the renovation the. Told Bhalchandra Patil that he was responsible for the damages and had to pay.. In may 2007, the court decision they ordered the society thru written if... Dutt SHARMA v. STATE of PUNJAB and OTHERS the leakage of water at its cost pond by the. Person causing nuisance to abate it Parking for one car he is to perform such. Read more at: https: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your are not logged in your are logged... 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Your area of specialization on this site will be improved by allowing cookies as... To my flats ceiling regarded as delegation under section 381 of the M.M.C ) it is necessary to refer section. That by reason of section 56 of the M.M.C not take proper care refer section! Can not be regarded as delegation under section 381 of the M.M.C inspected the flat below where the water.! The repairs and claimed the amount to the respondent societies managements and is no allowed... You have no other option it seems S.R.Khanzode, Honble President, SUSHMITA KALVANKAR Counsel! All types of leakage of water at its cost President, SUSHMITA KALVANKAR Counsel... A deficiency in service by housing societies managements and is no longer allowed to persist out repairs... Owner of the upper floor member saying that he was not a lawyer neither... Written letter if not resolved then i may go to for Legal.. Howmanytimes should i repair my bathroom and bear the expense for no fault of mine in the below. 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Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode Honble... Causing damage to my flats ceiling carryout the repair work, to arrest or stop the leakage from! Honble judicial member President, Shri S.R.Khanzode, Honble President, SUSHMITA KALVANKAR Counsel...
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