The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. Who is responsible? He spend 2500on that. The expenditure of the internal leakage due to toilet, sink etc. (23 Points) 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. The latter called a General Body meeting and asked the Society members to contribute their share. District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. In this agreement, they mentioned Parking for one car. Hence prosecution without valid notice from Commissioner was not proper. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. 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. Complainant claimed Rs.1,80,000/-. 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. The case can get further complicated. Concerned flat holders is a unclear term and a source of dispute. (2 Points) 1), to prove the leakage and Mr. P.K. Even the side wall erected to his flat to support the terrace. I see no provision for attaching files here. In order to sustain the conviction for breach of section 471 of the M.M.C. As of right, request for cross examination in the very matter cannot be made and entertained. 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. 6. This section says that society is required to fix all types of leakage of water at its cost. For the last one year water is leaking from the . They have gone on appeal to the State Commission. Is there a RWA or MC of the CGHS? Thanks, Amith A 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. 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. Second floor people are very rude and are not taking any actions even after asking so many times. I am having a same issuebut the flat from where there is leakage is mine. Sebastian, 1993(1) Bom.C.R. 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. In every such society residence of one flat out of every four flats faces this problem with no solution. Undoubtedly, by section 68 of the M.M.C. 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. 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. supreme court decision for water leakage from neighbor. 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. Complain to police for creating nuisance and mischief. 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). 9 below, in occupation of Mr. Pandit. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. You must login or register to add a new answer. -160 () 158 . Municipal Corporation of Greater Mumbai We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. (Scientist/Engineer) Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi 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. However, in that case, it appears that there was no dispute as to the fact whether the powers were delegated by the Commissioner to the Deputy Commissioner under section 56(1) of the M.M.C. Please answer all the questions asked. We do not agree with Learned Advocate Mr.Bhalerao. 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. 06 February 2015. You will have to bring expert witnesses to prove your point. That appears to have been an undisputed position. Dr J C Vashista Sebastian)2, 1993(1) Bom.C.R. They maintained that the court order was to the Managing Committee members. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. 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. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. However, there was no leakage. (2 Points) 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. Mr.N.M.Shinde-Advocate for the respondent. Ltd. All Rights Reserved. Where to complaint against housing society? The respondent entrusted repairs on water proofing to arrest the leakage to her flat No.19 in 2 Floor, B-Block, Ram Mohan Enclave, to thend Bhavanipuram appellant company for consideration of Rs.23,000/-on 14.7.2011. V/s. If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. He is to perform all such acts which Commissioner deputes him to do from time to time. What action/compensation can be claimed by the flatowner of the flat below . Advocates appeared : He therefore wants the second respondent to carry out the necessary repairs. Anshul Goel Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. Please login to post replies What are the reviews of Prestige High Fields, Hyderabad? Act. CA CMA CS Ram Pavan Kumar Melam IN THE HIGH COURT OF KARNATAKA AT BENGALURU Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. Replied 28 September 2012. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! They ordered the Society to pay the amount to the aggrieved member. As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. Be the first one to comment. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. Section 471 of the M.M.C. 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. It appears that there was leakage of water from flat Nos. R/o. Get legal answers from lawyers in 1 hour. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. 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. 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). I have not made any repairs to my flat since i bought it 8 yrs back. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. 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? 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. 3) it is society responsibility to repair the terrace as it forms part of common area. 11 and 12 causing dampness in the roof and walls of flat No. 717. In this agreement, they did not mention parking area details. If he wants I can give him the case No. Let us grow stronger by mutual exchange of knowledge. No Comments! Sir, perused your problem in details. 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