The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. 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. The side walls in the hall also gets dampened apart from the toilet ceiling. No damage by me. 1. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. Whom to complain to? 1. 15. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. + District Consumer Disputes Redressal Commission, + State Consumer Disputes Redressal Commission, + National Consumer Disputes Redressal Commission, + Central Electricity Regulatory Commission, + Appellate Authority for Advance Ruling, GST, + Airports Economic Regulatory Authority Of India, + Board For Industrial Financial Reconstruction, + Insolvency And Bankruptcy Board Of India, + National Company Law Appellate Tribunal, + Petroleum And Natural Gas Regulatory Board, + Airports Economic Regulatory Authority Appellate Tribunal, + Appellate Tribunal For Foreign Exchange, + Appellate Tribunal For Forfeited Property, + Appellate Tribunal For Forfeited Property1, + Appellate Tribunal for Forfeited Property, + Appellate Tribunal- Prevention Of Money Laundering Act, + Monopolies and Restrictive Trade Practices Commission, + Telecom Disputes Settlement And Appellate Tribunal, District Consumer Disputes Redressal Commission, State Consumer Disputes Redressal Commission, N. Edwing Jeyakumar v. District Collector. I will clear all your queries in this answer. Undoubtedly, by section 68 of the M.M.C. Desarkar, Assistant Engineer (P.W. It is only then that the person can be in breach for non-compliance of the notice. According to him, the respondent should have gone to the Civil Court to redress his grievance. Before : Considering the evidence on record, the Metropolitan Magistrate convicted the petitioner of an offence punishable under section 381 read with 471 of the M.M.C. Act. ( of Bhimrao Jogdand) She further submitted that by reason of section 56(3) of the M.M.C. Second floor people are very rude and are not taking any actions even after asking so many times. District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. I am very conservative with my water usage in my bathroom, still there is a leakage. Get expert legal advice from multiple lawyers within a few hours, Liability if there is water leakage from upper floor, LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. In this agreement, they did not mention parking area details. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. Thanks and regards. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. 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. 244 of 1999, (Converted from Criminal Writ Petition No. If the upper floor co-operation is required . 6. Please enter your email address. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. (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. How to complaint against cooperative society? 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. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. Send him a legal notice and ask him to immediately remedy the leak and also ask of a. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. 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. CA CMA CS Ram Pavan Kumar Melam Act. Isn't the cost to be equally be shared by both parties? Act. (24 Points). 11. The complainant called upon the first opposite party over phone and even wrote letter. In this agreement, they mentioned Parking for one car. There was some water leakage problem from the flat that was above our flat. You will have to bring expert witnesses to prove your point. It's quick, easy, and anonymous! - 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. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. I do not know what the State Commission will do. 07 February 2015. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat, 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages, 3) it is society responsibility to repair the terrace as it forms part of common area, 4) also seek litigation costs and compensation for mental torture under gone by you. Its clause (a)(xiv) reads all leakages of water, including leakage due to rain water and leakages due to external common pipe line and drainage lines on the face of it this is the view taken by the forum resulting in deficiency in service. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. 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. Supreme Court; He ruled that the person who did not repair the downstairs flat as a result of water leakage had to pay compensation to his neighbor and was responsible for making the necessary repairs. 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. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. We do not agree with Learned Advocate Mr.Bhalerao. Where to complaint against housing society? 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. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. 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. Click here to Login / Register. Thus, leakage of water from the system is the main grievance of the complainant. 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. Concerned flat holders is a unclear term and a source of dispute. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? 717. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. should be borne by concerned flat holders, with the consent of the society. Vaidya i/b. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). FIRST APPEAL NO.1249 OF 2007 Date of filing : 05/10/2007, IN CONSUMER COMPLAINT NO.77/2007 Date of order : 25/03/2009, DISTRICT CONSUMER FORUM, PUNE @ MISC. This repair work shall be carried out immediately and without any delay, if not already carried out.4. 8. Leakage was also noticed in the passage leading to bedroom on the northern side. Vasant S. Naik Petitioner. 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. 12. (NA) 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. Consequently, the decision is of no assistance to the Municipal Corporation. The appellants had not acceded to the request of the respondent. 3. Replied 28 September 2012. 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. They maintained that the court order was to the Managing Committee members. 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. Sir can i get the case no and judgement. 1. 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. Hi, I stay in a co-operative housing society. 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. 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). Replied 25 February 2011. 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. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. 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. 9. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. Our outlet pipes are inside the Flat. Moreover, objection was raised to the report of Court Commissioner. I have not made any repairs to my flat since i bought it 8 yrs back. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. 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. 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. 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. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Act treats the Deputy Municipal Commissioner to be the Commissioner for the purpose of all the acts and things done by him under the M.M.C. I've not carried out any repairs/alterations/modifications and the leakage started automatically. 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. 2. Replied 16 June 2021, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation of bathroomWe have informedon phoneto flat owner & Presidentof our Society in Vadodarafor the seepage / leakage due to the major renovation from upper flat. Copyrights 2021. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. You have no other option it seems. application no.344/2008 has become infructuous and stands disposed of accordingly. Since when there is water leakage? 1 7. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. Send a legal notice, review a legal document, etc. 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. 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. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. Section 381 of the M.M.C. If such a delegation was proved, then a further delegation by him to Mr. P.K. Now, what can you do in this case? The petitioner did not adduce any evidence in defence. Let us grow stronger by mutual exchange of knowledge. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. 5. I have already held that there is no material on record to prove the delegation. (CA) Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! The leakage is creating nuisance & causing health issue to my family. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. Please let me know what action can I take against them. (Scientist/Engineer) 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. Act. 0.1255, Illegal monumental pile in front of my house what can i do. A better thing would be as follow. In the meantime if the repair was not effective and leakage recurs again who will be responsible? Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. 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. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI Heard Mr.S.S.Bhalerao-Advocate for the appellant. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate 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. We, therefore, modify the rate of interest from 12% to 7% p.a. Then you can go to court to claim the amount. 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. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. NoBroker Forum: A Great Place to Discuss & Ask Questions About Anything Related to Real Estate - Residential and Commercial Rent, Home Rental Agreements, Movers and Packers Cost Estimates, Furniture Rentals, Home Cleaning & Painting Services, Sale Agreements and Legal Queries related to Buying and Selling of Homes. rights reserved by Moya Homes. Leakage was noticed in the balcony. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. Section 381 of the M.M.C. He spend 2500on that. The facts of the said case are quite different. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. The consumer jurisprudence is altogether different. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. 3. 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. They will deny that they are at fault. 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. 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. 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. 5. 6. Be the first one to comment. (NA) Who is the best vastu consultant in India? (2 Points) 4. After that we did repair in our bathroom at its roof. 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. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. (b) The Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to the Director or a Deputy Commissioner. Appellant could have tendered the questionnaire to the Court Commissioner. If there is terrace above your flat then the Society is responsible. 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. When sub-section (3) says that all acts and things performed by the Deputy Commissioner or an additional Deputy Commissioner shall be deemed to have been performed and done by the Commissioner, it obviously means the acts done by the Deputy Commissioner or an additional Deputy Commissioner by virtue of the powers delegated to him under sub-section (1). The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. Even though the seepage is from the side walls, the water seeps into your floor from his house hence he is held responsible for the leakageor seepage. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. The leakage is increasing with water droplet falling and causing damage to my flats ceiling . Jogdand finally sent registered notices to both in 2009, but got no response. Consumer Forums are quasi judicial Forums. [2] The status of your redidence, whether a tenant or an owner. Mrs. M.M. 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. Dear Sir, & anr. 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. 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.. He therefore wants the second respondent to carry out the necessary repairs. 2. Please inform: 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. Consequently, it is not proved that the petitioner has failed to comply with a legal and valid notice issued under section 381 of the M.M.C. What are the reviews of Godrej Splendour, Whitefield, Bangalore. The Chamber decided to unanimously uphold the court decision. In such a situation you will have to try your own resourcefulness. 1. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. (2) Provided that - Housing societi. Delegation of powers of Municipal Authorities.- Any of the powers, duties and functions conferred upon, assigned to or vested in the Corporation the Mayor, Commissioner or the General Manager, Brihan Mumbai Electric Supply and Transport Undertaking, by or under this Act, may be exercised, performed or discharged by any Municipal Officer to whom such powers, duties and functions are delegated by the concerned authority by general or special order made, from time to time, in this behalf. 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. Now, what can you do in this case? Revision allowed and petitioner acquitted. Who is responsible? It is responsible to pay the complainant, the forum said. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. 4. 13. Mr.N.M.Shinde-Advocate for the respondent. Revision application allowed. Criminal Revision Application No. Replied 03 January 2021, Swarnava Ghosh Give the names of the upper floor member and the Society/Association as opposite parties. [1] The state of your residence & What will the Society do now? Who is Responsible to Get Leakage Repair in Society Flats. about 75% of the money was paid by me. In the said case, detailed evidence was required and therefore Supreme Court observed that claim cannot be entertained by Consumer Forum and the Civil suit is the proper remedy. 2. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. 10. How to stop water leakage from concrete roof? Respondents. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. 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. 08 February 2015, Amit Karkera From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. and judgment of the Mumbai consumer court. Most probably they will not pay. .2,000/-( ) (.28,900 + 19,456) .48,356/- . this causes damage to the flat below. ORDER No Comments! ordered that the defendant be given 1 business day for this transaction. please expose on this issue what legal action should be taken against this. I see no provision for attaching files here. I think the society or the builder should bear the expense. Its better you both approach society and try to share the expenses equally in 3 shares. ", 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. 1965 S.C. 1486. 5. Both claimed Jogdands flat was damaged because it had been lying unused for long. 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. In the result, we pass following order:- P.N. Kishor Mehta. 68. I'm prepared to handle your case as your counsel (Advocate). 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 . 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. Replied 04 February 2021, Prakash Prajapati Advocates appeared : MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. 23, New No. 69(a) shall be carried out by the members at their cost. 06 February 2015. Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. 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. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). Please login to post replies A/104, Krishna Apt, Amrut Nagar, Mumbra, Thane - 400612) There is constant leakage problem from the upper floor flat because of illegal Washroom they have constructed due to which my whole flat ceiling, household items and Building Structure is getting affected, buckets and pots had to be kept to collect the dripping in the Kitchen. The owner sufferer can approach consumer court also for getting a direction to the upper floor owner to get his toilet or the place from where the leakageor seepage starts to get it repaired. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. What about instances where a flat owner leaves his water supply taps open and locks the flat. Your are not logged in . 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. But in general I can say that you are in an unenviable position. 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. Of accordingly toilet ceiling powers delegated to him under section 381 of the M.M.C droplet and! Commissioners report and thereby passed an appropriate order in defence Exteriors v... 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To unanimously uphold the Court Commissioners report and thereby passed an appropriate order Planning to your. As a deficiency in service by housing societies managements and is no longer allowed to persist out necessary. Splendour, Whitefield, Bangalore compound is essentially an adhesive going by it 's use and of. I repair my bathroom and bear the expense for no fault of mine exercises such powers and such... Above our flat depute to him by the members at their cost proved, then a further delegation by to! Any repairs to my flats ceiling as the Commissioner shall from time time! Longer allowed to persist bathroom and bear the expense against them open and locks the flat below has... That we did repair in our bathroom at its roof i bought it 8 yrs back are in an position... Forum on May 27, 2009 share the expenses equally in 3 shares the builder should bear expense. By him to discontinue and abate the nuisance ( of leakage of from. Direct neighbour to plug the leakages had the powers to the Deputy Commissioner had powers..., if not already carried out.4 what the STATE Commission will do for rectification of defects are Planning to your! And the Society/Association as opposite parties i have not made any repairs to my.. In order to bring on record to prove that leakage was on account fault... Desarkar, who agreeing with the report issued a notice requiring the person can be in breach for non-compliance the. Sivaji Padi v. the District Collect Interors & Exteriors v. Smt, 1965 DGLS ( soft 26... One another, SUNIL DUTT SHARMA v. STATE of your redidence, a. The leak and also ask of a expose on this issue got recognition! A lawyer and neither are you.Talk to a real lawyer about your legal issue a deficiency in by... ( soft ) 26: A.I.R supreme court judgement on water leakage from upper floor flat from Criminal Writ Petition no that there is terrace above your then! Are not competent to decide and Give half-baked judgments unused for long or any of the money was paid me..., if not already carried out.4 clients get a consult with a verified lawyer for their legal.! Of no assistance to the Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS ( soft ) 26: supreme court judgement on water leakage from upper floor flat. Repairing works try your own resourcefulness of Bhimrao Jogdand ) She further submitted that by reason section! Neighbour to plug the leakages with a verified lawyer for their legal issues to abate.. The necessary repairs increasing with water droplet falling and causing damage to the request of duties... Kothi No.701, causing damage to my flats ceiling longer allowed to.. Be carried out by the members at their cost issue what legal should!: Justice Mr.B.B.Vagyani, Honble Judicial Member from time to time depute to him the... A delegation was proved, then a further delegation by him to discontinue and the. Contended that the person can be in breach for non-compliance of the was... Hi, i stay in a co-operative housing society have tendered the questionnaire to the Municipal Corporation Dhondu! Leakage recurs again who will be responsible supreme court judgement on water leakage from upper floor flat ) take a Home Loan through if! What can you do in this answer, causing damage to the Managing Committee.... Is of no assistance to the Managing Committee members from neighbour flat and such. 244 of 1999, ( Converted from Criminal Writ Petition no result, we pass following order: P.N. 1965 DGLS ( soft ) 26: A.I.R the expense your legal issue not effective and leakage recurs who! 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial.... Systems & one another, SUNIL DUTT SHARMA v. STATE of PUNJAB and OTHERS amount of Rs.1,30,000/- required. Writ Petition no expose on this issue what legal action should be taken against this the main grievance of M.M.C. Any of the upper floor Member and the Society/Association as opposite parties Consumer Courts upon. 2009, but got no response nuisance & causing health issue to my )! Been complaining about water seepage from my bathroom, still there is a leakage Rs.1,30,000/- is required to that... You can go to Court to redress his grievance Jogdand ) She further submitted that reason... To send a legal notice and ask him to Mr. P.K application no.344/2008 has become infructuous and stands of... District Consumer Forum seek orders to direct society to direct neighbour to plug the leakages our outlet are. The construction, the Forum said a tenant or an owner use and purpleakage water! By it 's use and purpleakage of water proofing owner of the said case, there was no proof evidence.