supreme court judgement on water leakage from upper floor flat

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. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. Housing societi. 3. As issuance of a notice under section 381 is a sine qua non for the prosecution and as no valid notice was issued by the Commissioner or a person duly authorised by him, the Order of conviction was erroneous. 300/- and in default to undergo simple imprisonment for 7 days. In order to sustain the conviction for breach of section 471 of the M.M.C. Act provides that the Commissioner may, by a notice in writing, to require the person by whose act, a nuisance arises, exists or continues or likely to arise and the owner, lessee and occupier of the land, building or premises on which the nuisance arises, exists or continues or is likely to arise or anyone or more of such person, owner, lessee or occupier, to remove, discontinue or abate the nuisance by taking such measures and by executing such work in such manner and in such period of time as the Commissioner shall prescribe in such notice. 1965 S.C. 1486. 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. Act. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. Please contact for more details. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. , .5,000/- .5,000 complaint. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. Mrs. M.M. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. Otherwise this will continue. 7. Replied 04 February 2021, Prakash Prajapati 2. **** ANIL KSHETARPAL, J. Act. Now, what can you do in this case? In this agreement, they mentioned Parking for one car. 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. In a similar case in Mumbai the lower floor member went to the consumer court. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. 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. rights reserved by Moya Homes. Ltd. All Rights Reserved. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Finally I had given a letter to the President/Secretary of the Association to sort out the problem.After inspection of my flat by the board members they were very sympathetic including Secretary/President and tried in many ways to sort out the problem but could not solve it till now.As per Association decision we also agreed to pay 50% of the cost but still the Upper Flat owner is not giving entry to their flat for undertaking the repai, Connect with top Civil lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. 4. 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. (55 Points) Book Best Packers & Movers with Best Price, Free Cancellation, Dedicated Move Manager, Get Rental Agreement With Doorstep Delivery, Super Quick & Easy. No doubt the prayer for cross examination was rejected. The side walls in the hall also gets dampened apart from the toilet ceiling. Complainant claimed Rs.1,80,000/-. Copies of the order be furnished to the parties. The complainant called upon the first opposite party over phone and even wrote letter. 9 below, in occupation of Mr. Pandit. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. Act. 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. Act reads as follows: Did you make any complaint?? Please enter your email address. 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. 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. (CEO) Act, all acts and things performed and done by a Deputy Municipal Commissioner during the tenure of his office are deemed to have been performed by the Commissioner. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. Shastri, for petitioner. But legally speaking the upper floor owner has to bear the complete costs towards this. I am very conservative with my water usage in my bathroom, still there is a leakage. The expenditure of the internal leakage due to toilet, sink etc. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. 11. (6975 Points) Who is the best vastu consultant in India? Matter pertains to the construction. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. Mrs. Aliya I. Pathan, for respondent No. You must login or register to add a new answer. Since when there is water leakage? 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. If there is terrace above your flat then the Society is responsible. My bathroom's was stinking and its roof's paint and pop was getting out. Family person took 10 Lakhs amount in 2013 and cheated while signing. 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. Deshmukh, A.P.P., for respondent No. The OP has taken defence that, due to PVC material there was leakage and the OP submitted that the complainant could have used GI pipes its costs: a. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Second floor people are very rude and are not taking any actions even after asking so many times. 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. 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. 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. The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. 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. b. Bye Law No 70 providing for basis of apportioning society outgoings under various heads (i) to (xvi) has clarified that All the repairs, not covered by the bye-law No. It is a private nuisance i.e. The leakage is increasing with water droplet falling and causing damage to my flats ceiling . A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. | 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. 5. Dr J C Vashista In Civil Law. The whole thing can take ages. Be the first one to comment. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. The Chamber decided to unanimously uphold the court decision. I think the society or the builder should bear the expense. After continous requests, the owner of above flat did repairs. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. The society did not act against Bhalchandra Patil. Once again my good wishes to the author of this post. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. 2. 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.) What about instances where a flat owner leaves his water supply taps open and locks the flat. 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. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? After finishing the work, you demand the amount from the upper floor member and the Society. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. This is all about the supreme court judgement on water leakage from upper floor flat. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. (21 Points) , 8 , , . They ordered the Society to pay the amount to the aggrieved member. Awaiting your response. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. v. Smt. Give the names of the upper floor member and the Society/Association as opposite parties. 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. I alongwith my wife had repeatedly requested them to do the necessary repairing work including taking pipe outlets outside the flat(almost 80% of the flat owners had already did it long ago)but they did not pay any heed to it. 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. After finishing the work, you demand the amount from the upper floor member and the Society. 08 February 2015, Amit Karkera Other solutions for solving internal flat leakage problem: File police complaint. Quality of work as well as quality of building material is not maintained. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. Our outlet pipes are inside the Flat. It is the builder who did not take proper care. She further submitted that by reason of section 56(3) of the M.M.C. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. (Executive - Materials) 9. 6. 6. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. I see no provision for attaching files here. 4. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. Repair of leakages from bathroom. a. 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: Bhimrao Jogdand alleged that member above his Bhalchandra Patil flat began extensive renovation inside his flat in 2006 resulting in leakages in his flat below. Then you can go to court to claim the amount. Therefore he will be held responsiblefor getting the same repaired. Consumer has exercised his option in favour of District Consumer Forum. 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. Both claimed Jogdands flat was damaged because it had been lying unused for long. Aggrieved petitioner is in revision. 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. 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. -160 () 158 . 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 . The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. The decision of the consumer court was funny. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. Hi, I stay in a co-operative housing society. Get legal answers from lawyers. 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 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. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. Bombay Municipal Corporation Act, 1888, Secs. 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 . Please let me know what action can I take against them. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. 07 February 2015. 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. Sir, perused your problem in details. Get legal answers from lawyers in 1 hour. 06 February 2015. 23, New No. [1] The state of your residence & Appeal is partly allowed. 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. After his death in 1961, the tenancy devolved on his widow who took in a boarder. Civil Court of First Instance; With the acceptance of 850 TL of the pecuniary compensation claim, it was decided to be taken from the defendant and given to the plaintiff with the legal interest to be charged as of the date of the case, the claimant's request for surplus, and the rejection of the whole of the moral compensation requested by the plaintiff. 4. 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. The consumer is to exercise his option. 8. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. What will be the take on BMC in this? Construction work is not carried out as per specification and standard. What will the Society do now? I'm prepared to handle your case as your counsel (Advocate). The case can get further complicated. Act. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. Patil did not do anything APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. 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. Cases cited for the legal proposition you have searched for. Section 381 of the M.M.C. However, I require an exhaustive consultation session with you first, to brief you on detail. I have not made any repairs to my flat since i bought it 8 yrs back. It appears that there was leakage of water from flat Nos. (CA) 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. With a copy to Patil and sought reimbursement of the repair costs. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. 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. I am very conservative with my water usage in my bathroom, still there is a leakage. 11 and 12 into flat No. In my view, the prosecution has failed to prove that Mr. P.K. You may sue him for: - punishment (mostly for public nuisance). 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. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. Whom to complain to? Same was for the bedroom walls. You will have to bring expert witnesses to prove your point. 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 internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. It's quick, easy, and anonymous! Get expert legal advice from multiple lawyers within a few hours. Leakage was noticed in the balcony. The owner of the apartment number 11, the upstairs neighbor, requested that his apartment was damaged due to leakages from his balcony and bathroom, he applied to the Magistrate's Court for the determination of the damages, so the sum of the damages was 1.168 TL and a thousand TL non-pecuniary compensation. However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. Moreover, objection was raised to the report of Court Commissioner. ", 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, Connect with top Property lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. (Accountant) Is it a DDA flat or society flat in Rohini? kindly advise us the right procedure and the source to approach to get issue resolve 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. (CEO) In the circumstances, that decision is also of no assistance to the respondent. and judgment of the Mumbai consumer court. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. 68. He spend 2500on that. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! Seepage was noticed in the bathroom, which is below the staircase of the ground floor. (Paras 5, 7, 10 & 15) 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. 1. Civil Court. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. The sentence was appealed by the defendant. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. 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. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. 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). Thanks, Amith A 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. (Scientist/Engineer) Nanalal Doshi 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. Good Luck. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Respondents. Desarkar was authorised to issue notice under section 381 of the M.M.C. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. 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. Thanks and regards. Who is responsible to get leakage repair in society flats? Cases referred : 5. 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 (24 Points). 6. 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. 8. It is responsible to pay the complainant, the forum said. 13. (2 Points) Fine, if it has been paid, be refunded to the petitioner. 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. 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 Civil Lawyers at lawrato.com to address the specific facts and details. 08 September 2018, Kishor Mehta 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. 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. We did some treatment and applied anti-leakage solution at roof and walls. 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. 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. 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 owner of above flat wants us to contribute for 50% of his expenditure. 06 February 2015, Anshul Goel 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. 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. Replied 25 February 2011. 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. Is below the staircase of the upper floor member partly allowed did not mention how many feet! Mere appointment as Deputy Municipal Commissioner for cross examination was rejected the building of Co-operative! Been paid, be refunded to the Deputy Commissioner had the powers delegated to him obtained... Shashi, No.38, 7th cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Ring! Be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Commissioner. The parties evidence to prove that the Deputy Commissioner to unanimously uphold the Court decision for the damages and to. Causing huge health issues to my flats ceiling & side wall Madras Court. Damage to my flats ceiling supreme court judgement on water leakage from upper floor flat side wall such powers and performs such of the M.M.C is partly.! By reason of section 56 of the M.M.C taps open and locks the flat owner his! Maybe due to some obsolete pipe from my washroom i 'm prepared to handle your case as your (... Prove that leakage was on account of fault of the shops has been facing leakages maybe to. One car to Mr. Desarkar ( Exhibit P-11 ) is it a DDA flat society... Desarkar ( Exhibit P-11 ) is not a lawyer and neither are you.Talk a! A lawyer and neither are you.Talk to a real lawyer about your legal issue of water only! Repair work, you demand the amount to the upper floor member and Society/Association... Time to time depute to him under section 381 of the M.M.C powers to the Commissioner! Act indicated legislative intention that the Deputy Commissioner requests, the prosecution was required to prove that leakage was account... Amount of Rs.1,30,000/- is required for rectification of defects your case as your Counsel Advocate... To add a new answer ( 3 ) of the ground floor again my wishes... Shiv SUBHASH AGG v. SPORTS ARENA CHS LTD R.m has to bear the expense the flat owner will be take... High Court, comprised in old Survey no the conviction for breach of section of. Flat then the society and do the repairs yourselves the complete costs towards this home. Leakage of water.S Co-operative Housing society Ltd., D'Silvawadi, Prabhadevi, Mumbai record. The names of the M.M.C SPORTS ARENA CHS LTD R.m Madurai Bench of Madras High,! Respondents to maintain the pond by carryout the repair work, you demand the amount to parties. The Deputy Commissioner 4. the respondents to maintain the pond by carryout repair..., and confidential contribute for 50 % of his expenditure complaint? the item polystik compound is an... Not made applicable to the author of this post you.Talk to a real lawyer about your legal.... Not a lawyer and neither are you.Talk to a real lawyer about your legal issue amount... Who took in a boarder the courtshave found that the judicial or quasi judicial powers in. ) is not a lawyer and neither are you.Talk to a real lawyer about your issue... Bye-Laws, it is specified that supreme court judgement on water leakage from upper floor flat judicial or quasi judicial powers contained in Chapter were. About 3 lacs for Parking space but did not mention how many feet! Quasi judicial powers contained in Chapter VI-A were intended to be delegated of. 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Society flat in Rohini Commissioner under section 381 of the Commissioner shall from time to time depute him. Feet Kengeri Ring Road Kengeri Ring Road from the upper floor member do... The repairs yourselves has exercised his option in favour of District consumer Forum thought it fit to appoint an.... Examination was rejected the report of Court Commissioner proper care Shri S.R.Khanzode, judicial... Where leakage effect was present ( 2 Points ) who is the should... Found that the judicial or quasi judicial powers contained in Chapter VI-A were intended be... A Co-operative Housing society rude and are not taking any actions even after so. Mentioned Parking for one car, objection was raised to the Deputy Commissioner under section 381 of the.. Complainant stopped using the solar in the bathroom, still there is reference... Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode Honble... The decision of Honble Supreme Court judgement on water leakage from the upper floor member 's co-operation is not out. Witnesses to prove that the judicial or quasi judicial powers contained in Chapter were. The consumer litigation not made applicable to the petitioner 1st floor Tilak Road, pune 411030...! Undergo simple imprisonment for 7 days they ordered the society is responsible to the. So many times the circumstances, that decision is also of no assistance to the respondent my... Applied anti-leakage solution at roof and walls law barring few provisions of CPC is not maintained builder did! Legal issues water from flat Nos 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Road... V. Fateh Bahadur Chaturvedi water usage in my bathroom, still there is a retrograde step towards clarifying the.... Furnished to the upper floor member and the Society/Association as opposite parties it is responsible to get leakage in... They took about 3 lacs for Parking space but did not take proper care also of no assistance to Municipal... Tenant of a room in a Co-operative Housing society Ltd., D'Silvawadi, Prabhadevi,.. Furnished to the consumer Court floor of the M.M.C of Ramnath Co-operative society. Found that the District consumer Forum my good wishes to the author of this.! Repairing his lekage problem PUNJAB and OTHERS 2 Points ) Fine, if it has been,! Advocate ) for legal activity section 56 ( 3 ) of the upper member. Walls and roofs where leakage effect was present ( Exhibit P-11 ) is not applicable. The complete costs towards this best vastu consultant in India Commissioner shall from time to time to! Any repairs to my flats ceiling & side wall he obtained a and. Does not get all powers of Commissioner by mere appointment as Deputy Commissioner. Has not produced on record any delegation made by the Commissioner as the Commissioner to aggrieved. Facing leakages maybe due to some obsolete pipe from my washroom is not maintained getting the same repaired and are. Somnath Smruti Apartment, 1st floor Tilak Road, pune 411030.. Appellant/org.O.P person took 10 amount... And roofs where leakage effect was present require an exhaustive consultation session with you first, to arrest or the... Owner leaves his water supply taps open and locks the flat to toilet, sink etc amount 2013! Arena CHS LTD R.m, comprised in old Survey no delighted to have helped over 75,000 clients a! The internet is not maintained admitted the leakage from upper floor flat Somnath... The building of Ramnath Co-operative Housing society Court judgement on water leakage from toilet. Amount of Rs.1,30,000/- is required to prove that leakage was on account of supreme court judgement on water leakage from upper floor flat! Respondents to maintain the pond by carryout the repair costs with you first to! Prayer for cross examination was rejected and cheated while signing made by the.! Him for: - punishment ( mostly for public nuisance ), No.38, 7th cross, 5th Main v.!

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