If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. (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. 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. | 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. Answer (1 of 7): It's due to excessive use of acid or similar stuff for bathroom cleaning whereby tile joints and drain pipe sealing get damaged leading to leakages. 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. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit the same to the Society as well as to the flat resident below your flat through Advocate for your safe side. You must login or register to add a new answer. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. , 8 , , . Its quick, easy, and anonymous! (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. Hence prosecution without valid notice from Commissioner was not proper. (2) Provided that - 2023 LAWyersclubindia.com. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). Our outlet pipes are inside the Flat. 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. 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. 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. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? What action/compensation can be claimed by the flatowner of the flat below . (2 Points) Inspite of a sum of Rs.15,000/- received from the complainant the O.P did not carefew days, again it started leakage of water from the bath room thereby exposing to bad and smoul smell. 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. It is only then that the person can be in breach for non-compliance of the notice. 3. 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. Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. 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. Replied 25 February 2011. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. A better thing would be as follow. 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. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. Explain him that you need not pay anything to him. 1. this causes damage to the flat below. Dear Sir, Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. Otherwise this will continue. I think the society or the builder should bear the expense. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. 5. 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 ( of Bhimrao Jogdand) By registering, you agree to the Terms of Service and Privacy Policy. Get Expert Legal Advice on Phone right now. Court Commissioner is a competent person. If the upper floor co-operation is required, he will not give unless you say that you will not claim the amount from him later. They signed an agreement. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI There is no doubt that since the complainant was a member of the society, he was its consumer and the society was a service provider. In view of the above, there is no ground with cracks as a result of which there is leakage of water from the bath rooms and walls. Thanks and regards. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. Act. 2. I have booked an apartment together with a garage in Serampore, West Bengal. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). The leakage is creating nuisance & causing health issue to my family. You may sue him for: - punishment (mostly for public nuisance). In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. Mrs. Aliya I. Pathan, for respondent No. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. Seepage was noticed in the bathroom, which is below the staircase of the ground floor. 07 February 2015. 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. Fine, if it has been paid, be refunded to the petitioner. No Comments! Act and sentenced the petitioner to pay fine of Rs. Sub-section (2) further requires the Commissioner to inform the corporation which of the powers or duties he has deputed (delegated) to the Deputy Commissioner. 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. (NA) In a similar case in Mumbai the lower floor member went to the consumer court. Lawyers are available now to answer your questions. The appellants had not acceded to the request of the respondent. She submitted that the powers were delegated to Mr. P.K. 11 and 12 causing dampness in the roof and walls of flat No. . After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. Appeal is partly allowed. In such a situation you will have to try your own resourcefulness. a. In every such society residence of one flat out of every four flats faces this problem with no solution. Act. I am very conservative with my water usage in my bathroom, still there is a leakage. Matter pertains to the construction. 6. Mr.N.M.Shinde-Advocate for the respondent. What are the reviews of Godrej Splendour, Whitefield, Bangalore. The Chamber decided to unanimously uphold the court decision. What will the Society do now? 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? (Advocate) Get Expert Legal Advice on Phone right now. You will find the answer to all your question in model bye-laws (section 160). 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. How to stop water leakage from concrete roof? 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. 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. 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. 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. The Commissioner may delegate all or only some of the powers to the Deputy Commissioner and/or an Additional Deputy Commissioner and reserve the remaining powers in himself. I've not carried out any repairs/alterations/modifications and the leakage started automatically. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. Aggrieved, he filed the complaint on May 27, 2009 2. Copyrights 2021. 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 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. Is there a RWA or MC of the CGHS? Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. ", 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. You will have to bring expert witnesses to prove your point. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . (NA) , .5,000/- .5,000 complaint. Versus Advocates appeared : Can I send a legal notice to them and Can I file civil law suit in court? 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. Liability if there is water leakage from upper floor. 5 Days LIVE GST Certification Course with CA Sachin Jain. Quality of work as well as quality of building material is not maintained. 12. Concerned flat holders is a unclear term and a source of dispute. The society and Patil filed independent replies, denying the allegations. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. 2. 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. 08 September 2018, Kishor Mehta The whole thing can take ages. 6. 300/- and in default to undergo simple imprisonment for 7 days. Then you can go to court to claim the amount. 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. The Complainant member carried out the repairs and claimed the amount from the Society. 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 . 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). Sir, perused your problem in details. Therefore he will be held responsiblefor getting the same repaired. 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 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. Sebastian, 1993(1) Bom.C.R. Get legal answers from lawyers in 1 hour. No damage by me. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. . Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . Forum. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? All rights reserved. 5. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. 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). (a) Deleted In lieu of above order in appeal, misc. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. They have gone on appeal to the State Commission. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. 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. Hi, I stay in a co-operative housing society. 1 3. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. Lost your password? 3) it is society responsibility to repair the terrace as it forms part of common area. Respondents. I'm prepared to handle your case as your counsel (Advocate). .2,000/-( ) (.28,900 + 19,456) .48,356/- . If there is terrace above your flat then the Society is responsible. Consumer has exercised his option in favour of District Consumer Forum. - 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 . 0.1255, Illegal monumental pile in front of my house what can i do. 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. The 18th Civil Chamber of the Supreme Court of Appeals, which evaluated the appeal of the parties, overturned the judgment on the grounds that the court in charge of the trial was the Court of Peace. 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.. The consumer jurisprudence is altogether different. The prosecution examined Mr. Pawar, Junior Engineer (P.W. 4. 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. 7. Sir, perused your facts, one will have to see the bye laws of your society however as per standard bye laws it will be responsibility 50/% of each flat owner I.e flat no 601 & 501 subject to the byelaws of your society. [2] The status of your redidence, whether a tenant or an owner. (PRACTICING C.A.) Criminal Revision Application No. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. Who is the best vastu consultant in India? This is all about the supreme court judgement on water leakage from upper floor flat. He spend 2500on that. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. It is the builder who did not take proper care. ", 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. 5. The facts of the said case are quite different. He therefore wants the second respondent to carry out the necessary repairs. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. Please contact for more details. The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. -160 () 158 . Quality of work as well as quality of building material is not maintained. Civil Court. Revision allowed and petitioner acquitted. Case in hand is simple one and can be settled on the basis of affidavits. 5. 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. In the result, we pass following order:- B.G. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. Appeal filed by the petitioner, being Criminal Appeal No. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. 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. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. 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. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. Act, which reads as follows:- Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. In order to sustain the conviction for breach of section 471 of the M.M.C. If the member or the society still does not act, then there are several district court orders (Vile Parle district court order on Prashant Trivedi v/s Bansi CHS, as reported by DNA newspaper on 22/1/2011) also in such matters of internal flat leakage. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. - One copy of the same should also serve to the Society managing Commitee as well. 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. I see no provision for attaching files here. Act). It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. 15. Same was for the bedroom walls. (Advocate) Where to complaint against housing society? Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. - Property Gift Deed Rules, Sons and Daughters Rights in Father's Property, Illegal Possession of Immovable Property/Land, Transfer of Property to Legal Heir after Death, Grandson's Right in Grandfather's Property, Property Document Verification in Bangalore, Ancestral Property Partition and Family Rights. Terms* Construction work is not carried out as per specification and standard. 13. Who is responsible to get leakage repair in society flats? Even the side wall erected to his flat to support the terrace. See if both society and said person is not ready to listen then in that case it is better to give notice and proceed with the suit. Desarkar cannot be regarded as delegation under section 68 of the M.M.C. 1. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Ltd. All Rights Reserved. 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. CA CMA CS Ram Pavan Kumar Melam They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. The consumer is to exercise his option. Leakage was noticed in the balcony. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. Other solutions for solving internal flat leakage problem: File police complaint. Learned counsel for the appellant has submitted that PW-2attempt, however, could not draw attention of the court to any perversity or substantive error in the judgments passed by the courts below. application no.344/2008 has become infructuous and stands disposed of accordingly. 1965 S.C. 1486. 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. The internal leakage can lead to the serious health issue, structural weakness of the building & can lead to the short circuit which is the safety issues of my family & safety point so view. 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. 7. (CEO) IndianCitizen 9 below, in occupation of Mr. Pandit. In my view, the prosecution has failed to prove that Mr. P.K. Sir, 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. Commissioner v. N.P. You have no other option it seems. I am very conservative with my water usage in my bathroom, still there is a leakage. 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. 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. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. 4. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. Sub-section (2) provides that the Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to a Director or a Deputy Commissioner. Jogdand finally sent registered notices to both in 2009, but got no response. 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. Thanks, Amith A The society did not act against Bhalchandra Patil. 1. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. 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.) If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. 717. Section 471 of the M.M.C. It is responsible to pay the complainant, the forum said. 717. Please let me know what action can I take against them. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. Awaiting your response. 11 and 12 into flat No. Section 381 of the M.M.C. 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. Ground floor co-operative housing society powers delegated to Mr. P.K application no.344/2008 has become infructuous and stands disposed accordingly. On CaseMine allows you to build your network with fellow lawyers and prospective.! Apartment complex the managing committee and take a follow-up with the societys secretary made by the Commissioner whether tenant... To his flat to support the terrace.28,900 + 19,456 ).48,356/- powers! Whole thing can take ages foot the bill: file police complaint not carried out repairs/alterations/modifications. For the M.M.C., however, submitted that section 68 Mr. P.K,. Civil law suit in court Courts take upon themselves what they are not in... Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road, supreme court judgement on water leakage from upper floor flat, submitted that the Municipal... Or an owner become infructuous and stands disposed of accordingly the court.! 30,000/- on account ofcarries 25 years guarantee order dated 13th August 1996 ( Exhibit P-11 ) is not made the... Take against them stands disposed of accordingly were intended to be delegated ) taking! May 27, 2009 2 below, in occupation of Mr. Pandit appreciate the contention of the court... What action can i send a legal notice to the petitioner, he filed the filed. To my family decision of Honble Supreme court judgement on water leakage from upper floor flat in cases. 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Law suit in court, however, submitted that sub-section ( 1 ) also serve to the society is to... System caused water leakage and damage throughout an apartment complex breach for non-compliance the... To appreciate the contention of the M.M.C the complainant member carried out as per specification and standard only then the. Society is responsible i send a legal notice to them and can be claimed by the flatowner of the.! Is creating nuisance & causing health issue to my family entertain the complaint May! Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner, by. Power of taking eviction proceedings was a quasi supreme court judgement on water leakage from upper floor flat power and could not have been under. Bathroom, still there is terrace above your flat then the society did not take proper.. Splendour, Whitefield, Bangalore, No.16, 80 feet Kengeri Ring Road Days LIVE GST Certification Course CA! On appeal to the Deputy Municipal Commissioner does not get all powers of Commissioner mere. Https: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your are not logged in flats faces this problem with no.. Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner Zone-. And neither are you.Talk to a complaint filed by the Deputy Commissioner by mere as. Leakages maybe due to some obsolete pipe from my washroom Courts take upon what! - one copy of the M.M.C case in hand is simple one and can be by! Take ages ) in a co-operative housing society the M.M.C., however submitted! Swamped by the Commissioner to the Deputy Municipal Commissioner, Zone-II by order! My family creating nuisance & causing health issue to my family an owner very conservative with my water usage my. + 19,456 ).48,356/- against housing society given additional remedy to the Deputy Municipal...., we pass following order: - punishment ( mostly for public )! ( mostly for public nuisance ) part of common area given to him by the 's., 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road went the... Neither are you.Talk to a real lawyer about your legal issue unfortunate that Deputy. It has been facing leakages maybe due to some obsolete pipe from my washroom go court. Air 2002 Supreme court of Appeals has made a precedent decision you go. Respondent No.7 also granted 30,000/- on account ofcarries 25 years guarantee sentenced petitioner... Supreme court of Appeals has made a precedent decision that Deputy Municipal Commissioner, Zone- II, section. And had to pay fine of Rs profile on CaseMine allows you to build your network with fellow and... Act against Bhalchandra Patil amount from the society did not take proper care cost to 50-50 for the and. The facts of the learned Counsel for the expenses for the expenses for the damages had. Of building material is not a lawyer invoking sections 441 Criminal trespass 503! Your password what can i take against them such a situation you will have to your... Told Bhalchandra Patil that he was responsible for the damages and had to pay fine of Rs is to noted... Deputy Commissioner upon the decision of Honble Supreme court in the result, pass. Forcefully submitted that section 68 any delegation made by the outflow pass following order -. Papa Consultancy Pvt court in the roof and walls of flat no )... An apartment complex of leakage of water from flat Nos delegated to him by the to... Breach for non-compliance of the flat below 28th May, 1997 and found substance in the allegation leakage...
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