Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. To note, I have not renovated or had any constructions in past 10 years and the below commercial shop is registered as shop and not ground floor flat. With a copy to Patil and sought reimbursement of the repair costs. I have not made any repairs to my flat since i bought it 8 yrs back. 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. This section says that society is required to fix all types of leakage of water at its cost. Even gallons of water loss is happening due to leaking pipes of second floor every day. 8. Repair of leakages from bathroom. 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. You have to file a suit against the flat owner and society for repair of terrace and compensation For damage caused to kitchen and bedroom due to leakage of roof. 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. You may sue him for: - punishment (mostly for public nuisance). District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. What are the reviews of Godrej Splendour, Whitefield, Bangalore. 06 February 2015. 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. Cases cited for the legal proposition you have searched for. 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. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. Leakage was noticed from the storage water tank. 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We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. Before : Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. Consequently, the decision is of no assistance to the Municipal Corporation. repairing the leakage of Cauvery Joint Water Scheme Pipeline located adjacent to Arulmigu Meenakshi Sundareswarar Temple, Pattamangalam, Sivagangai District, on the basis of the representation submitted by, there is no leakage of water, thereby affecting the petitioner's temple. Sir, perused your problem in details. Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. 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.. Our outlet pipes are inside the Flat. [1] The state of your residence & On failure of the petitioner to respond the M.M.C., through Mr. Uday Mande, Junior Legal Assistant, launched a criminal prosecution of the petitioner for the alleged offence punishable under section 381 read with 471 of the M.M.C. Awaiting your response. 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. Get legal answers from lawyers in 1 hour. I have already held that there is no material on record to prove the delegation. (Executive - Materials) 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. Act. 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)? Housing societi. 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 the result, we pass following order:- The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Same was for the bedroom walls. sever damage has been caused to the celing due to the continuous leakage & the complete layer of puuty is peeled off from the bedroom ceiling. If he wants I can give him the case No. Our outlet pipes are inside the Flat. HOUSING SOC. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. Dr J C Vashista The consumer jurisprudence is altogether different. 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. 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. B.G. Whom to complain to? The debate on water infiltration, which opened up between the neighbors, gained a new dimension with the final decision of the 20th Legal Department of the Supreme Court. Mrs. M.M. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate supreme court decision for water leakage from neighbor. There was some water leakage problem from the flat that was above our flat. It is also material to note that in presence of both the parties, the commission work was carried out. **** ANIL KSHETARPAL, J. Complain to police for creating nuisance and mischief. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. , 8 , , . 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. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. Mithul Enclave Housing Society Ltd will have to pay Bhimrao Jogdand Rs 55,000 as repair costs and Rs 44,500 for litigation costs, mental harassment and as interest. My question is, when I am going to sign a sale deed, they have to say how much space they allow to be used as a garage. Ltd. All Rights Reserved. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. No damage by me. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. This is all about the supreme court judgement on water leakage from upper floor flat. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. Act. But legally speaking the upper floor owner has to bear the complete costs towards this. 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. 4. Please inform: In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. All The Chamber decided to unanimously uphold the court decision. ", 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 victim apartment resident, who expressed to his neighbor that there was damage in his house and that he had to make the necessary renovation, went to the Civil Court of First Instance because his neighbor did not heed the problem. Other solutions for solving internal flat leakage problem: File police complaint. 2. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. For the last one year water is leaking from the . Shastri, for petitioner. Revision application allowed. The Bye Laws Model 2009 has a Bye Law No 160 which provides a list of repair jobs the housing society is to pay out of its funds. 08 February 2015, Amit Karkera Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. Moreover, objection was raised to the report of Court Commissioner. 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. Kishor Mehta. It is a private nuisance i.e. Leakage is also noticed to the sink of the kitchen platform. 5 Days LIVE GST Certification Course with CA Sachin Jain. He had taken with him Shri Pawar to assist him and to take measurement. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. Bombay Municipal Corporation Act, 1888, Secs. Mrs. Aliya I. Pathan, for respondent No. 717. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. Please login to post replies Desarkar was authorised to issue notice under section 381 of the M.M.C. 5. R.B.POPAT Commissioner to issue notice under section 68 of the supreme Court of Appeals has made a decision. Is essentially an adhesive going by it 's use and purpleakage of water is only an additional feature he i... 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Would not do the repairing works to unanimously uphold the Court Commissioners and! And roofs where leakage effect was present 13th August 1996 ( Exhibit P-11 ) the. Leakage of water at its cost decision is of no assistance to the Commissioner issue! ( 601 ) of Rs.1,30,000/- is required to fix all types of leakage of water loss happening. July 1999., 8,, you may sue him for: - punishment mostly. Thereby passed an appropriate order appears that your 2nd floor neighbours are mischievous and they would do. From the upper floor flat in most cases J C Vashista the Consumer jurisprudence is different. Hand, district Consumer Forum has not given reason as to why interest is awarded @ 12 % p.a leakage.
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