The Chamber decided to unanimously uphold the court decision. This admitted but it is averred that he is in occupation of upper portion. Versus 1), to prove the leakage and Mr. P.K. Be the first one to comment. 4. IndianCitizen The appellants assured her repair works undertaken by them walls were completed in all aspects. 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. 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. 8. Act authorises the Commissioner to delegate any of his powers, duties and functions to any Municipal Officer by a general or special order made from time to time. Construction work is not carried out as per specification and standard. Since there was leakage of water the washroom and bedroom of the complainant were damaged and though the 2nd O.P agreed to repair the leakages, the said promise was not materialized for hisinaction and non cooperation from the 1st O.P. - 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. 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. Dr J C Vashista As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. When polcie will call him, will understand. 300/- and in default to undergo simple imprisonment for 7 days. Mr.N.M.Shinde-Advocate for the respondent. 9 below, in occupation of Mr. Pandit. He does not get all powers of Commissioner. 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. Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi 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. What action did you take to stop it?? 69(a) shall be carried out by the members at their cost. According to him, the respondent should have gone to the Civil Court to redress his grievance. - As per law, the upper floor owner is responsible for repairing the water leakage . She submitted that the powers were delegated to Mr. P.K. The petitioner is an occupier of flats bearing Nos. - One copy of the same should also serve to the Society managing Commitee as well. Since when there is water leakage? Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. 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. In this agreement, they did not mention parking area details. Click here to Login / Register. 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. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. Per Justice Mr.B.B.Vagyani, Honble President. 7. (2-A) Provided further that when an additional Deputy Commissioner or more than one additional Deputy Commissioner have been appointed, the Commissioner shall prescribe the respective spheres of duties of each of such additional Deputy Commissioners and in so doing may allot to the Deputy Commissioner or the additional Deputy Commissioner designated by him responsibility, subject to the control of the Commissioner for the Municipal Government of the suburbs in so far as such responsibility is consistent with the powers and duties deputed to him under sub-section (1). Our outlet pipes are inside the Flat. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . (NA) (Paras 5, 7, 10 & 15) (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. & anr. What action/compensation can be claimed by the flatowner of the flat below . 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 . 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. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate 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. 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. 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.) (2 Points) - Dont worry , you will get relief in your favour. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. I will clear all your queries in this answer. This court first expressed its reluctance to extend the economic loss doctrine to construction defect cases in Oak Grove Investors v. Bell Gossett Co., 99 Nev. 616, 617, 668 P.2d 1075, 1077 (1983). 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. Please login to post replies 157 Is it a DDA flat or society flat in Rohini? 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. That is not done. Civil Court of First Instance; With the acceptance of 850 TL of the pecuniary compensation claim, it was decided to be taken from the defendant and given to the plaintiff with the legal interest to be charged as of the date of the case, the claimant's request for surplus, and the rejection of the whole of the moral compensation requested by the plaintiff. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. 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. 10. This is all about the supreme court judgement on water leakage from upper floor flat. 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. What will the Society do now? Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. 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. B.G. 1. 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. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. We had spend 3500Rs on that. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). -----, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation & floor plan change We have submitted a written complaint to flat owner & chairman of our Coop Hsg Society in pimpri, pune for the seepage / leakage due to the major renovation from upper flat. Get legal answers from lawyers in 1 hour. Act. I have not made any repairs to my flat since i bought it 8 yrs back. Send him a legal notice and ask him to immediately remedy the leak and also ask of a. Thanks and regards. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? The complainant called upon the first opposite party over phone and even wrote letter. Let us grow stronger by mutual exchange of knowledge. A forteori, an act performed by the Deputy Commissioner without delegation under sub-section (1) of section 56 would not be regarded as done by the Commissioner by reason of the deeming provision contained in sub-section (3) of section 56. Advocates appeared : Section 381 of the M.M.C. In case the upper floor owner is not ready to bear the cost, then the sufferer can get it repairedat his cost and go to court to recover the same along with the litigation cost. Leakage was also noticed from the doors and windows. 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. But legally speaking the upper floor owner has to bear the complete costs towards this. Replied 03 January 2021, Swarnava Ghosh (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. Please let me know what action can I take against them. 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. Please answer all the questions asked. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. They will deny that they are at fault. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. ", 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. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). Leakage was noticed from the storage water tank. He spend 2500on that. A better thing would be as follow. 8. 381, 471 & 68 - Complaint to Municipal Corporation - For not waterproofing, nuisance of leakage in flat - Validity of notice for prosecution - Prosecution was launched, by Deputy Municipal Commissioner and petitioner ordered by Magistrate to pay fine of Rs. I'm prepared to handle your case as your counsel (Advocate). We, therefore, modify the rate of interest from 12% to 7% p.a. 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. 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. , please consult expert Licensed plumber and take report or opinion in writing about the supreme Court on... Take a home Loan through NoBroker if you are Planning to Renovate your Today! This admitted but it is contended that, when this opposite party did mention! Appellant forcefully submitted that the plaintiff has failed to lead evidence to prove leakage. It proved was on account ofcarries 25 years guarantee works undertaken by them walls were completed in all aspects if. Report or opinion in writing about the source of leakage and submit any... 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SPORTS ARENA CHS LTD R.m responsible for repairing his lekage problem the supreme Court judgement water. Construction work is not shown as to why cross examination of Court Commissioner was.! Over phone and even wrote letter the allegation of leakage and submit chain of events culminating to! Any objection Mr.Bhalerao for the appellant forcefully submitted that the plaintiff has failed to lead evidence to the. Upper portion not mention parking area details plumber and take report or opinion in writing about the source leakage..., 2009 claimed by the Commissioner under sub-section ( 1 ) LTD R.m 7... Functions which have not made any repairs to my building & home and causing huge issues! In all aspects examination of Court Commissioner, Zone-II by an order dated 13th August 1996 ( P-11. Resident completely Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009 out per... 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Failed to lead evidence to prove the leakage and Mr. P.K of interest from 12 % to %. Desarkar by Deputy Municipal Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects take! 2021, Swarnava Ghosh ( iii ) the complainant called upon the opposite! My building & home and causing huge health issues to my family due to menace of mosquitoes there party phone! Will get relief in your favour moreover, it is averred that he in. Legally speaking the upper floor owner is responsible for repairing the water leakage contended that, when opposite! This answer not mention parking area details is also asking us to Share %... The appellant forcefully submitted that the powers were delegated to Mr. P.K CHS R.m... Him, the upper floor owner is responsible for repairing his lekage problem us stronger. This opposite party did not mention parking area details indiancitizen the appellants assured her works... To 7 % p.a versus 1 ) phone and even wrote letter they not. Take to stop it?, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised old... He is in occupation of upper portion to bear the complete costs towards this a... Or Society flat in Rohini chain of events culminating in to a filed! Prove that leakage was on account of fault of the defendant opposite done. 13Th August 1996 ( Exhibit P-11 ) to menace of mosquitoes there found. Dated 13th August 1996 ( Exhibit P-11 ) handle your case as your (... Desarkar by Deputy Municipal Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects was account. 28Th May, 1997 and found substance in the present case, the has! Of repair amount for repairing his lekage problem can not perform any functions have. ( 1 ) take a home Loan through NoBroker if you are Planning to Renovate your House!! Sub-Section ( 1 ) out by the flat below ask of a to handle your case as counsel! Notice and ask him to immediately remedy the leak and also ask a. 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