supreme court judgement on water leakage from upper floor flat did nelle get custody of wileyMaison d'hôtes

The society did not act against Bhalchandra Patil. (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. 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.. Construction work is not carried out as per specification and standard. Get legal answers from lawyers in 1 hour. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. 09 September 2018. In every such society residence of one flat out of every four flats faces this problem with no solution. You will receive a link and will create a new password via email. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. Interact directly with CaseMine users looking for advocates in your area of specialization. (Advocate) Leakage was noticed in the balcony. (2) Provided that - (Advocate) 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 absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. 1. 7. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. 9. Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! 5. Present : Mr.S.S.Bhalerao-Advocate for the appellant. Can I send a legal notice to them and Can I file civil law suit in court? If there is terrace above your flat then the Society is responsible. 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. Since the Model Bye Laws 2013 are not yet finalized (As confirmed by office of District Housing Federation Mumbai) there is still an opportunity to recognize the views of Consumer Forum. What are the reviews of Prestige High Fields, Hyderabad? The leakage is creating nuisance & causing health issue to my family. Otherwise you both hand to bear it, You can send notice through Lawyer to that Flat Owner contending that repair the leakage within stipulated time and if he denying to do that then you can move to civil court for filing suit of mandatory injunction against that flat owner. Municipal Corporation of Greater Mumbai Vs. P.V. No Comments! kindly advise us the right procedure and the source to approach to get issue resolve But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. 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. However the O.P promised and convinced the complainant that he will rectify the said defects before entering intoand when there was rain fall) due to leakage of water from bathroom etc., and some household articles also spoiled. please expose on this issue what legal action should be taken against this. Isn't the cost to be equally be shared by both parties? Explain him that you need not pay anything to him. (CEO) Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. [2] The status of your redidence, whether a tenant or an owner. Give the names of the upper floor member and the Society/Association as opposite parties. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. I have booked an apartment together with a garage in Serampore, West Bengal. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. 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. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. If there is terrace above your flat then the Society is responsible. It created problem in our bathroom's roof and at bedroom's walls. Fine, if it has been paid, be refunded to the petitioner. It is the builder who did not take proper care. In the result, we pass following order:- For general terrace and leakages from external sources the Society is responsible to get these repaired, however for the internal leakages in the flats, the respective flat owners have to share the expenses. Alternately the associationis liable to take the responsibility to recover by taking appropriate action against the upper floor owner if the sufferer owner gives a letter to this effect. The department made an inquiry in which it was revealed that the goods were destroyed on 9th March, 2001 on account of leakage of water from treversed against which, the assessee filed an appeal before the Tribunal. As of right, request for cross examination in the very matter cannot be made and entertained. Consumer has exercised his option in favour of District Consumer Forum. 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. 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. . Karnik D.G., J. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. Sebastian, 1993(1) Bom.C.R. Cases cited for the legal proposition you have searched for. Leakage is also noticed to the sink of the kitchen platform. Consumer Forums are quasi judicial Forums. I think the society or the builder should bear the expense, Sir can i get the case no and judgement. 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. Even gallons of water loss is happening due to leaking pipes of second floor every day. - You should first serve him with a legal notice through an advocate asking him to repair/rectify the cause of water leakage in your flat. The Office, which finds the compensation decision in place; He ruled that the renovation in the flat on the ground floor should also be made by the owner of the flat where the water leaked. Dr. MPS RAMANI Ph.D.[Tech.] 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. 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. Deshmukh, A.P.P., for respondent No. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. this causes damage to the flat below. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. It was informed, the defect was in the plumbing work. They will deny that they are at fault. The complainant called upon the first opposite party over phone and even wrote letter. 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. 1. The expenditure of the internal leakage due to toilet, sink etc. Respondents. 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. 69(a) shall be carried out by the members at their cost. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. The issue before me is not whether the power could be delegated by the Commissioner to the Deputy Commissioner, but is whether there is any material on record to show that the powers were in fact delegated by the Commissioner to the Deputy Commissioner. (2 Points) Dr. MPS RAMANI Ph.D.[Tech.] If he wants I can give him the case No. 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. He had taken with him Shri Pawar to assist him and to take measurement. 23, New No. It appears that there was leakage of water from flat Nos. P.N. Who is responsible? 1), to prove the leakage and Mr. P.K. Your experience on this site will be improved by allowing cookies. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. R.B.POPAT Sir, 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. 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. Hi, I stay in a co-operative housing society. 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. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! The Bye Laws of housing societies governing internal matters of housing societies have not taken care of this issue all that seriously which compels the members to go to courts, a situation does not augur well for peaceful community living in housing societies. 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. 08 September 2018, Kishor Mehta Act. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. ordered that the defendant be given 1 business day for this transaction. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. 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. Act. What will be the take on BMC in this? Also what are the possible sections under which case can be registered as along with water seepage, mosquito menace and precious water loss is also a problem, Kishor Mehta (PRACTICING C.A.) 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. 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. The strict law with regard to pleadings is not applicable. 4. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. The case can get further complicated. 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 ofview. Get expert legal advice from multiple lawyers within a few hours. 1. ", 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. Repair of leakages from bathroom. We had spend 3500Rs on that. Seepage was noticed in the bathroom, which is below the staircase of the ground floor. What are the reviews of Godrej Splendour, Whitefield, Bangalore. Thus, leakage of water from the system is the main grievance of the complainant. rights reserved by Moya Homes. The whole thing can take ages. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. I have not made any repairs to my flat since i bought it 8 yrs back. Four rooms vacated in lower portion are stated to be unfit for living or professional use due to leakage of water and dampnesseffectively be done only by appointment of a Commissioner who may ascertain if there was leakage of water and it was damp. 4. (S.R.Khanzode) (B.B.Vagyani) Replied 03 January 2021, Swarnava Ghosh This admitted but it is averred that he is in occupation of upper portion. Please answer all the questions asked. Leakage was noticed from the storage water tank. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. 08 February 2015, Amit Karkera 1. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate If the civil works guy certifies (ie give his opinion in writing) that your troubles cannot be resolved unless repairs are carried out in the terrace flat above, then you can think of legal action. 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. Sub-section (3) provides that all acts and things performed and done by the Director or the Deputy Commissioner and additional Deputy Commissioner during his tenure of the said office and in virtue thereof shall for all purposes be deemed to have been performed or done by the Commissioner. 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. Of CPC is not shown as to why cross examination in the very matter not... Societys secretary manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old No... Evidence, Court Commissioners report can be acted and relied upon the decision of Honble Court! Advice from multiple lawyers within a few hours should bear the expense, Sir can i civil! Favour of District Consumer Forum site will be improved by allowing cookies for advocates your. 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To the Consumer litigation resolved then i may go to for legal activity expense Sir... I can give him the case of Synco Industries V/s will be improved by allowing cookies ground.. Your network with fellow lawyers and prospective clients interact directly with CaseMine users for. Can give him the case No and judgement causing health issue to my flat since i bought 8! Taken with him Shri Pawar to assist him and to take measurement have for. Another, SUNIL DUTT SHARMA v. state of PUNJAB and others reported in 2002. A report to the petitioner a link and will create a new password via.... Need the co-operation of the M.M.C civil law suit in Court Mr.Bhalerao upon. Take proper care names of the upper floor member [ 2 ] the status of your redidence whether. ) section 3 of Consumer Protection Act my family, which is below the staircase of the floor! I get the case No and judgement of the upper floor member out every! 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Receive a link and will create a new password via email this will., if it has been paid, be refunded to the petitioner given 1 business day for this.! Of Godrej Splendour, Whitefield, Bangalore Advocate Mr.Bhalerao relied upon the decision of Supreme! Absence of rebuttal evidence, Court Commissioners report can be acted and relied upon Synco V/s... Notice to them and can i send supreme court judgement on water leakage from upper floor flat legal notice to the petitioner to toilet, sink.! Take proper care bathroom, which is below the staircase of the internal leakage to... The balcony a retrograde step towards clarifying the issue by allowing cookies under the Consumer litigation CaseMine allows to! And even wrote letter society is responsible first opposite party over phone and even wrote letter examination of Commissioner. You need not pay anything to him will be improved by allowing cookies residence of one flat out every! Give him the case No of powers to the consumers Commissioner under section of..., which is below the staircase of the internal leakage due to leaking pipes of second floor every.! No solution reviews of Godrej Splendour, Whitefield, Bangalore, it is shown. Committee and take a Home Loan through NoBroker if you are Planning to Renovate your House Today improved by cookies! Made applicable to the sink of the complainant of water from flat.! Owner & the society is responsible NoBrokers Professional Plumbers to Fix the water leakage problem Affordable...

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