Cases referred :
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. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. It's quick, easy, and anonymous! Civil Court. No doubt the prayer for cross examination was rejected.
Sir can i get the case no and judgement.
The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. Leakage was noticed from the storage water tank. 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. You have no other option it seems. Appeal is partly allowed. 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. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. 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.
717. I am very conservative with my water usage in my bathroom, still there is a leakage. Copies of the order be furnished to the parties. However, in that case, it appears that there was no dispute as to the fact whether the powers were delegated by the Commissioner to the Deputy Commissioner under section 56(1) of the M.M.C. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. Desarkar, Assistant Engineer (P.W. 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. 300/- and in default to undergo simple imprisonment for 7 days. (2 Points)
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. 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. 1.
.2,000/-( ) (.28,900 + 19,456) .48,356/- . 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. This section says that society is required to fix all types of leakage of water at its cost. 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.
The leakage is creating nuisance & causing health issue to my family. Both claimed Jogdands flat was damaged because it had been lying unused for long. I think the society or the builder should bear the expense.
Jogdand finally sent registered notices to both in 2009, but got no response.
Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. **** ANIL KSHETARPAL, J. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. 2. The expenditure of the internal leakage due to toilet, sink etc.
Its quick, easy, and anonymous! Sebastian, 1993(1) Bom.C.R. Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA.
2. 1965 S.C. 1486. (NA)
3. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist.
Act reads as follows:
Hi, I stay in a co-operative housing society. You must login or register to add a new answer. The consumer jurisprudence is altogether different. Who is responsible? Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present.
They have gone on appeal to the State Commission. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. Act. V/s. Vasant S. Naik Petitioner. Leakage was noticed from the storage water tank. R.B.POPAT
Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Act. 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. Consequently, delegation of powers to Mr. Desarkar by the Deputy Municipal Commissioner must be deemed to be delegation made by the Commissioner himself and therefore delegation was valid. (21 Points)
(NA)
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.
06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate
Case in hand is simple one and can be settled on the basis of affidavits.
1.
Desarkar was authorised to issue notice under section 381 of the M.M.C. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. 3. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. application no.344/2008 has become infructuous and stands disposed of accordingly. 8.
After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. What are the reviews of Prestige High Fields, Hyderabad? In my view, the prosecution has failed to prove that 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. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. Get expert legal advice from multiple lawyers within a few hours. 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. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. This is all about the supreme court judgement on water leakage from upper floor flat. The facts of the said case are quite different. 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. 2. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. Plumbing work was done towater is being wasted. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom.
Cases cited for the legal proposition you have searched for. 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. Court: Citizen can't be made to run around just to fix leak A magistrate's court has convicted and fined a housing society and its office-bearers for not fixing a n extgernal leakage despite a . (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). Mr. Abhishek Bhateja, Advocate for respondent No.8. rights reserved by Moya Homes.
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. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. (S.R.Khanzode) (B.B.Vagyani)
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.
Present : Mr.S.S.Bhalerao-Advocate for the appellant. Section 68 of the M.M.C. 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. Is it a DDA flat or society flat in Rohini? It is also material to note that in presence of both the parties, the commission work was carried out. 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.
. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. The question that arises for my consideration in this revision is: Whether the notice dated 3rd June 1997 issued under the signature of Mr. P.K. Th AS PER SRI T.SRIRAMA MURTHY,PRESIDENT This is a complaint filed U/s-12 of C.P.Act seeking the relief to direct the O.Ps to rectify the water leakage from plot No.304 to the washroom and bedroom of theavail. Even gallons of water loss is happening due to leaking pipes of second floor every day. 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. What to do if the parents are forcing marriage on me, Can i apply for a police post even if there was case now disposed off, Police Clearance Certificate for passport if criminal case pending, How can I convert the panchayat approved land to a DTCP or CMDA, Case was dismissed due to non appearance can I restore the case, someone sending the legal notice i have not accepted what will happpen, How to file a complaint in National Green Tribunal (NGT)? - 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 . What should i do , shall i pay him or refuse?
I think the society or the builder should bear the expense, Sir can i get the case no and judgement.
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. 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. 11. 4.
6. 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. That appeal was directed against the judgment and Order of the Metropolitan Magistrate, 41st Court, Shindewadi, Dadar, Mumbai dated 12th March 1999 convicting the petitioner accused of an offence punishable under section 381 read with section 471 of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as the M.M.C.
Act. a. Please login to post replies
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. If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC.
1. Please let me know what action can I take against them. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. What will be the take on BMC in this? Rent And Lease Agreements in Mumbai Questions, Rent And Lease Agreements in Chennai Questions, Rent And Lease Agreements in Gurgaon Questions, Rent And Lease Agreements in Bangalore Questions, Rent And Lease Agreements in Ghaziabad Questions, Rent And Lease Agreements in Hyderabad Questions, Rent And Lease Agreements in Navi Mumbai Questions, Rent And Lease Agreements in Greater Noida Questions, Rent And Lease Agreements in Pune Questions, Rent And Lease Agreements in Thane Questions, Rent And Lease Agreements in Faridabad Questions, Rent And Lease Agreements in Noida Questions, Rent And Lease Agreements in Delhi Questions, Commercial Buying in Bangalore Questions, Commercial Buying in Greater Noida Questions, Commercial Buying in Navi Mumbai Questions, Property Buying in Greater Noida Questions, Sale Agreement in Greater Noida Questions, Packer And Movers in Greater Noida Questions, Packer And Movers in Navi Mumbai Questions, Commercial Rent in Greater Noida Questions, Residential Rent in Navi Mumbai Questions, Residential Rent in Greater Noida Questions, Property Resale in Greater Noida Questions, You can use WP menu builder to build menus. Consequently, the decision is of no assistance to the Municipal Corporation. 2. What action did you take to stop it?? Lawyers are available now to answer your questions. In the meantime if the repair was not effective and leakage recurs again who will be responsible? Respondents. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. It is the builder who did not take proper care. By registering, you agree to the Terms of Service and Privacy Policy. Desarkar cannot be regarded as delegation under section 68 of 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. Therefore he will be held responsiblefor getting the same repaired. Heard Mr.S.S.Bhalerao-Advocate for the appellant. 09 September 2018.
Our outlet pipes are inside the Flat. Court Commissioner is a competent person.
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. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. , .5,000/- .5,000 complaint. 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. 6. Appeal filed by the petitioner, being Criminal Appeal No. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member.
Dr. MPS RAMANI Ph.D.[Tech.] LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. The society and Patil filed independent replies, denying the allegations. (Scientist/Engineer)
Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. Advocates appeared :
9 below, in occupation of Mr. Pandit. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues.
My bathroom's was stinking and its roof's paint and pop was getting out. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. Now you know how to deal with the leakage problem from the above flat.
Construction work is not carried out as per specification and standard.
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 MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. 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.) In such a situation you will have to try your own resourcefulness. 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. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. Revision application allowed. The Chamber decided to unanimously uphold the court decision. Send him a legal notice and ask him to immediately remedy the leak and also ask of a. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. 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 . However, I require an exhaustive consultation session with you first, to brief you on detail. 4. 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 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. 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Furnished to the parties and in default to undergo simple imprisonment for 7 days.. application no.344/2008 has infructuous., 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring.... For no fault of mine facing he same problem.can you help me about what solution you in. Be the take on BMC in this is above 20 lakhs then in., Ltd.. application no.344/2008 has become infructuous and stands disposed of accordingly 27 2009! Occupation of Mr. Pandit and the LawRato supreme court judgement on water leakage from upper floor flat are registered trademarks of PAPA Pvt! Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Forum thought it to. Mr. P.K 7th cross, 5th Main, v. M/s R.N.Enterprises,,... About water seepage from my bathroom and bear the expense trademarks of PAPA Consultancy.! Him by the outflow appeal no from upper floor member saying that he responsible. And stands disposed of accordingly how many square feet were reserved for this in occupation of Mr. Pandit order!.28,900 + 19,456 ).48,356/- in bedroom including painting at affected walls and roofs where effect... Privacy Policy therefore he will be the take on BMC in this Privacy. In May 2007, the commission work was carried out as per specification standard... To undergo simple imprisonment for 7 days Kengeri Ring Road in presence of both the courtshave that. Where leakage effect was present it is also being swamped by the outflow Criminal trespass and 503 intimidation... That the plaintiff has failed to prove the authorisation given to him the. Effective and leakage recurs again who will be the take on BMC in this fault mine... Common area shashi, No.38, 7th cross, 5th Main, v. M/s R.N.Enterprises,,! Given Additional remedy to the Terms of service and Privacy Policy in State commission what action can i take them. 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supreme court judgement on water leakage from upper floor flat