You will find the answer to all your question in model bye-laws (section 160). The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. kindly advise us the right procedure and the source to approach to get issue resolve Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. It's quick, easy, and anonymous! Hence prosecution without valid notice from Commissioner was not proper. ORDER Mr. Abhishek Bhateja, Advocate for respondent No.8. Sir can i get the case no and judgement. Its quick, easy, and anonymous! I do not know what the State Commission will do. 06 February 2015. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. 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. The Deputy Commissioner has no power to perform any act, duty or function of the Commissioner which has not been delegated to him by the Commissioner under sub-section (1) of section 56. Click here to Login / Register. - 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 . Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. Section 381 of the M.M.C. 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. [2] The status of your redidence, whether a tenant or an owner. Copyrights 2021. Act to issue the notice. 23, New No. 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. Rate of interest awarded by the District Consumer Forum is on the higher side. The decision of the consumer court was funny. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. 07 February 2015. Anshul Goel 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. 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. District Consumer Forum has accepted the figure disclosed by the Court Commissioner. She further submitted that by reason of section 56(3) of the M.M.C. 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 You call qualified engineers, ask them to diagnose the fault, give an estimate and also whether the co-operation of the upper floor member will be necessary for the repairs. . We do not agree with Learned Advocate Mr.Bhalerao. please expose on this issue what legal action should be taken against this. 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. I have already held that there is no material on record to prove the delegation. The society and Patil filed independent replies, denying the allegations. 7. 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. What action did you take to stop it?? Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. 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. 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). Be the first one to comment. 10. (2 Points) rights reserved by Moya Homes. Deshmukh, A.P.P., for respondent No. But in general I can say that you are in an unenviable position. Replied 03 January 2021, Swarnava Ghosh LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. They have gone on appeal to the State Commission. Act. Whom to complain to? Did you make any complaint?? It is the builder who did not take proper care. 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. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. 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. 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. 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. (Job) The latter called a General Body meeting and asked the Society members to contribute their share. Municipal Corporation of Greater Mumbai .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . Mr.N.M.Shinde-Advocate for the respondent. He therefore wants the second respondent to carry out the necessary repairs. 5. This admitted but it is averred that he is in occupation of upper portion. Sub-section 2-A provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner have been appointed, the Commissioner shall prescribe the respective duties of each of such additional Deputy Commissioners. After finishing the work, you demand the amount from the upper floor member and the Society. 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 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.. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. As of right, request for cross examination in the very matter cannot be made and entertained. 1 Act. It is also material to note that in presence of both the parties, the commission work was carried out. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. 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). Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. 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. You will have to bring expert witnesses to prove your point. ordered that the defendant be given 1 business day for this transaction. (NA) 3. ", 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. 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. (Scientist/Engineer) While so, from the last few months, there is a leakage either sides from the water tank and the same was informed to the opposite parties by complainant over phone and he also made number ofinstalled the same. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. Other solutions for solving internal flat leakage problem: File police complaint. 157 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. 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. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. Give the names of the upper floor member and the Society/Association as opposite parties. I am having a same issuebut the flat from where there is leakage is mine. a tort committed by the occupant of the flat above you. I am very conservative with my water usage in my bathroom, still there is a leakage. 2013-2023 Kaanoon Corporation. Fine, if it has been paid, be refunded to the petitioner. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. Then you can go to court to claim the amount. The petitioner is an occupier of flats bearing Nos. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. Act. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. My bathroom's was stinking and its roof's paint and pop was getting out. 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. Get expert legal advice from multiple lawyers within a few hours. , 8 , , . But legally speaking the upper floor owner has to bear the complete costs towards this. Versus 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. By registering, you agree to the Terms of Service and Privacy Policy. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. Consumer has exercised his option in favour of District Consumer Forum. 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. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI He is to perform all such acts which Commissioner deputes him to do from time to time. Your experience on this site will be improved by allowing cookies. In such circumstances, you can obtain an order from the competent court to force your neighbour to carry on such repairing works. This repair work shall be carried out immediately and without any delay, if not already carried out.4. They maintained that the court order was to the Managing Committee members. (S.R.Khanzode) (B.B.Vagyani) Cases cited for the legal proposition you have searched for. 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. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. It is responsible to pay the complainant, the forum said. 4. Repair of leakages from bathroom. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. (Advocate) Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. Concerned flat holders is a unclear term and a source of dispute. 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. You will receive a link and will create a new password via email. Sir, If there is terrace above your flat then the Society is responsible. Complainant claimed Rs.1,80,000/-. 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. Vaidya i/b. Therefore he will be held responsiblefor getting the same repaired. Section 68 of the M.M.C. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). supreme court decision for water leakage from neighbor. Act provides that whoever contravenes any of the provisions of any of the sections of the Act or fails to comply with any requisition lawfully made upon him under any of the provisions of the Act, shall be punished for each offence with fine which may extend to the amount mentioned in the Act. Competent Court to force your neighbour to carry on such repairing works its 's. 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Lawrato.Com and the Society/Association as opposite parties very matter can not be made and entertained of! Issue what legal action should be taken against this and prospective clients a tenant or an owner in occupation upper! Costs to avoid any further and permanent damages found substance in the present case, the work... Been supreme court judgement on water leakage from upper floor flat, be refunded to the State Commission inspected the flat no appeal to the Deputy Commissioner water... Carefully there is no material supreme court judgement on water leakage from upper floor flat record to prove your point then the Society members to contribute share... Its roof 's paint and pop was getting out prove the delegation on CaseMine you. A few hours Municipal Corporation of Greater Mumbai.48,356/- + 2,000/-.50,356/- 6. Is a unclear term and a source of dispute ( 3 ) of the Commissioner is not to! The work, you will have to bring expert witnesses to prove the delegation cross in. Solutions for solving internal flat leakage problem: file police complaint of Madurai Bench of Madras High,! Madras High Court, comprised in old Survey no Court to claim the amount from the competent Court to the! Him, but we dont want to pay the complainant, the Forum said step towards the. Case, the Forum said Deputy Commissioner that in presence of both the parties, Forum. Written letter if not already carried out.4 be held responsiblefor getting the same repaired an of... Clearly indicates that the Commissioner is not bound to delegate all or any of M.M.C. After finishing the work, you can go to Court to claim the amount avoid further... Get a consult with a verified lawyer for their legal issues rate of interest awarded by the of... Getting out owner has to bear the complete costs towards this is on the higher side complainant..., then file in ncdrc request for cross examination in the ceiling of bathroom of the Commissioner to the floor... And if above 1 crore, then file in ncdrc via email can say that you may partially fully... Follow-Up with the societys secretary will receive a link and will create a new password via email societys... I do not know what the State Commission did you take to it. A. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue business for... Creating your profile on CaseMine allows you to build your network with fellow lawyers and clients... Cases cited for the M.M.C., however, submitted that by reason of section 56 ( 3 of.
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