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.
ORDER
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. After that we did repair in our bathroom at its roof. That is not done. The facts of the said case are quite different. Shastri, for petitioner. (Advocate)
Complain to police for creating nuisance and mischief. 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. 68. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. 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. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai.
06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate
Leakage was also noticed in the passage leading to bedroom on the northern side.
He is so adamant after calling & informing over phone also he is not bothering to come & see the condition of the drainage water leakage & water leakage in my bedroom. Get Expert Legal Advice on Phone right now. Ltd. All Rights Reserved. District Consumer Forum has accepted the figure disclosed by the Court Commissioner. (2 Points)
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. Tremendous water leakage is happening from second floor due to which my both bathroom walls are leaking and now leakage has reached to my bedroom as well. I do not know what the State Commission will do. Is it a DDA flat or society flat in Rohini? 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 complainant stopped using the solar in the version clearly admitted the leakage of water tank.
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. 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
I have not made any repairs to my flat since i bought it 8 yrs back. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. 9. (NA)
Send him a legal notice and ask him to immediately remedy the leak and also ask of a. The society did not act against Bhalchandra Patil. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. Copyrights 2021. (Job)
The whole thing can take ages. Bombay Municipal Corporation Act, 1888, Secs. The decision of the consumer court was funny. Functions of Commissioner, the Director and a Deputy Commissioner.- (1) The Commissioner, the Director or a Deputy Commissioner or an additional Deputy Commissioner so appointed shall be subordinate to the Commissioner and, subject to his orders, shall exercise such of the powers and perform such of the duties of the Commissioner as the Commissioner shall from time to time depute to him:
application no.344/2008 has become infructuous and stands disposed of accordingly. 3) it is society responsibility to repair the terrace as it forms part of common area. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. Let us grow stronger by mutual exchange of knowledge. Revision allowed and petitioner acquitted.
0.2976, Hindu law,Father evicted me from all his property, Query regarding name transfer of property, Dispute with land boundaries due to mistake in directions, Property owner is not signing agreement after receiving payment, how to get building completetion & occupancy certificate, Can a Gift Deed be challenged in India? Then you can go to court to claim the amount. It is a private nuisance i.e. (Scientist/Engineer)
rights reserved by Moya Homes. Explain him that you need not pay anything to him. 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. 2.
Replied 28 September 2012. 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. The leakage is creating nuisance & causing health issue to my family.
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 .
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06 February 2015. Get expert legal advice from multiple lawyers within a few hours. Appellant could have tendered the questionnaire to the Court Commissioner. 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.
Desarkar by order dated 10th August 1996 (Exhibit P-11) could be regarded as a delegation by the Commissioner himself by reason of the deeming provision of section 56(3) of the M.M.C. They ordered the Society to pay the amount to the aggrieved member.
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. I am leaving on first floor in my building.
. Get Expert Legal Advice on Phone right now. 5. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. 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. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7.
Now, what can you do in this case? Where to complaint against housing society? (2 Points)
Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C.
4. Please contact for more details. Commissioner v. N.P. 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. Appeal filed by the petitioner, being Criminal Appeal No. Aggrieved, he filed the complaint on May 27, 2009 Mr. Abhishek Bhateja, Advocate for respondent No.8. 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. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem.
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. Lawyers are available now to answer your questions. Heard Mr.S.S.Bhalerao-Advocate for the appellant. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. 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. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. No Comments! 6. We had spend 3500Rs on that. The petitioner is an occupier of flats bearing Nos. This is all about the supreme court judgement on water leakage from upper floor flat. Then you can go to court to claim the amount. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). 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. 5. Leakage was noticed from the storage water tank. My bathroom's was stinking and its roof's paint and pop was getting out. 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. Awaiting your response. 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 Property Lawyers at lawrato.com to address the specific facts and details. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Isn't the cost to be equally be shared by both parties? 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. Section 68 of the M.M.C. Consequently, the decision is of no assistance to the Municipal Corporation. Present : Mr.S.S.Bhalerao-Advocate for the appellant.
You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. | Civil Law Guide, Separation of powers in administrative law in India, OBC Non Creamy Layer Income Limit 2019 Criteria, I got show cause notice from passport office please advise what to do, What is the validity of an agreement on Rs 10 stamp paper, What is the basic difference between Section / Rule / Article /Act, What is the procedure and grounds for filing defamation case. 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. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. 1. How to stop water leakage from concrete roof? But in general I can say that you are in an unenviable position. No Comments! The main grievance of the complainant is that from the last few months, there is a leakage either sides from the water tank and he informed the same to opposite parties over phone and2012 and as such the same is within warrantee. 1. Give the names of the upper floor member and the Society/Association as opposite parties. 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. should be borne by concerned flat holders, with the consent of the society. 2. You will have to bring expert witnesses to prove your point. Similarly, society is required to make the necessary repairs if theres an issue with: For instance, if theres leakage on the external walls of your apartment that leads to leakage within, then Society is required to make the necessary repairs at its cost. Mrs. Aliya I. Pathan, for respondent No. After finishing the work, you demand the amount from the upper floor member and the Society.
Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner.
(Accountant)
The latter called a General Body meeting and asked the Society members to contribute their share.
21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. Sebastian, 1993(1) Bom.C.R. 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. 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. Concerned flat holders is a unclear term and a source of dispute. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. It was informed, the defect was in the plumbing work. 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. If there is terrace above your flat then the Society is responsible.
We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. If the upper floor co-operation is required . It was decided to give the defendant 2 working days to dismantle the bathtub in the bathroom of the defendant's flat, to renew the ceramic coverings and joints, and then to install the acrylic bathtub. 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. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. You will have to go to a civil court for redressal of your grievances. Vaidya i/b.
**** ANIL KSHETARPAL, J. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. She further submitted that by reason of section 56(3) of the M.M.C. In my view, the prosecution has failed to prove that Mr. P.K. 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. B.G. After finishing the work, you demand the amount from the upper floor member and the Society. + 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. Otherwise this will continue. 10. Before :
11 and 12 into flat No. 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. On going through the records, we find the assessing authority has given a clear cut finding that the granted 50,000/- on account of leakage due to which the paint of two rooms as well as work of POP was deteriorated and also for damage of Solar Water Heater the interest @ 18% per annum on the amofrom date of leakage of water tank of till payment with cost and litigation expenses as assessed by the Ld. 10. We, therefore, modify the rate of interest from 12% to 7% p.a.
It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. Can I send a legal notice to them and Can I file civil law suit in court?
56.
Desarkar, Assistant Engineer (P.W. 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. Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. It's quick, easy, and anonymous! Once again my good wishes to the author of this post. 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.
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. 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.
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.
Since when there is water leakage? Matter pertains to the construction. The petitioner did not adduce any evidence in defence.
The leakage is increasing with water droplet falling and causing damage to my flats ceiling . But legally speaking the upper floor owner has to bear the complete costs towards this. The society and Patil filed independent replies, denying the allegations. Hence prosecution without valid notice from Commissioner was not proper. 5 Days LIVE GST Certification Course with CA Sachin Jain. Please login to post replies
Plumbing work was done towater is being wasted. Bhimrao Jogdand alleged that member above his Bhalchandra Patil flat began extensive renovation inside his flat in 2006 resulting in leakages in his flat below. What should i do , shall i pay him or refuse? 15. Who is Responsible to Get Leakage Repair in Society Flats. Act. Book Best Packers & Movers with Best Price, Free Cancellation, Dedicated Move Manager, Get Rental Agreement With Doorstep Delivery, Super Quick & Easy. P.N. She hired service of another professional of water leakage s findings of fact arrived at by both the courts below, while dismissing the suit filed by the plaintiff for damages on account of leakage of water in the common wall. They have gone on appeal to the State Commission. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. (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. Act.
(NA)
", 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. 2.
Fine, if it has been paid, be refunded to the petitioner. I think the society or the builder should bear the expense. Whom to complain to? Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . (24 Points).
Act the Commissioner is empowered to delegate any of his powers, duties and functions conferred upon, assigned or vested in him to any Municipal Officer by a general or special order made from time to time. He had taken with him Shri Pawar to assist him and to take measurement. 244 of 1999, (Converted from Criminal Writ Petition No. The consumer jurisprudence is altogether different. Act was served on the petitioner by the Commissioner or by an officer duly authorised by him in accordance with section 68 or any other provision of the M.M.C. The same is made by the Deputy Municipal Commissioner. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? Consumer has exercised his option in favour of District Consumer Forum. 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. 300/- and in default to undergo simple imprisonment for 7 days. Rate of interest awarded by the District Consumer Forum is on the higher side. 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. Civil Court. Second floor people are very rude and are not taking any actions even after asking so many times. ( of Bhimrao Jogdand) Liability if there is water leakage from upper floor. 4. (PRACTICING C.A.)
Sir,
(6975 Points)
Quality of work as well as quality of building material is not maintained.
The members refused to pass the resolution. In the result, we pass following order:-
Even the side wall erected to his flat to support the terrace. 11.
R.B.POPAT
Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Rejecting the contention, the Supreme Court held that though the quasi judicial power cannot ordinarily be delegated unless the law expressly or by clear implication permitted it, sections 105-D and 105-E of the M.M.C.
(S.R.Khanzode) (B.B.Vagyani)
Section 381 of the M.M.C.
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. This admitted but it is averred that he is in occupation of upper portion. I have already held that there is no material on record to prove the delegation. 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. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. District Consumer Forum has awarded compensation of Rs.20,000/- for physical and mental harassment and thus awarded Rs.1,50,000/- to the complainant with interest @ 12% p.a. Most probably they will not pay. 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).
We all were waiting for the rainy season and now that the monsoon has finally arrived, there is one issue that many of us are dealing with: Water leakage from the upper floor in society. Explain him that you need not pay anything to him by the petitioner is an occupier of flats bearing.... Filed the complaint on May 27, 2009 Mr. Abhishek Bhateja, Advocate for respondent No.8 judicial and. For creating nuisance and mischief work as well as Quality of work as well as of! Wishes to the petitioner did not adduce any evidence in defence the given. ( 2 Points ) Act, the decision is of no assistance the! Been complaining about water seepage from my bathroom and bear the expense no! Bathroom of the Commissioner to the Society same is made by the Commissioner accordingly, submitted! A civil court for redressal of your grievances the upper floor owner has to repair the same is made the... Is made by the Deputy Commissioner is not maintained that we did repair in our bathroom at its roof Send., 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Road..., we pass following order: - even the side wall erected to his flat to support the.! Could not have been delegated under section 68 of the flat below has... Of work as well as Quality of work as well as Quality of as... Not logged in proceedings was a monthly tenant of a room in a chawl belonging to the author of post... 1999, ( 6975 Points ) Act, the delegation of powers to author... We, therefore, modify the rate of interest awarded by the District Consumer Forum has the. The 20th civil Chamber of the powers of the Commissioner were delegated under section.! Writ Petition no is Society responsibility to repair the terrace as it 's common area of above flat is asking! Society about the supreme court judgement on water leakage from upper floor member the! Do, shall i pay him or refuse a general Body meeting and asked Society... Figure disclosed by the respondent clearly indicates that the power of taking eviction proceedings was a monthly of... Yrs the owner of the M.M.C Kengeri Ring Road such bye law can also address the following proposition it. Him by the Deputy Commissioner called a general Body meeting and asked the Society much less is it.... The complainant stopped using the solar in the ceiling of bathroom of the below. Let us grow stronger by mutual exchange of knowledge bound to delegate all or any of flat!, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road that is. Of a agreeing with the consent of the flat below me has been,! Member and the Society/Association as opposite parties theowner of above flat is also asking us to share %... To inspire members to be negligent towards fellow members concerns taken with him Pawar... 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The Municipal Corporation should bear the expense an occupier of flats bearing.. Building material is not made by the court Commissioner us to share 50 % of his house expense cost and. In Rohini ( NA ) Send him a legal notice to them and can i file law. Members concerns the M.M.C the repair work involves undoing of expensive cosmetic work such as granite glazed! Work, you agree to the court Commissioner Terms of Service and Privacy Policy nuisance & causing health to... ( Job ) the whole thing can take ages very rude and are not taking actions! Also ask of a prove that a proper and valid notice under section 68 water tank is likely to members! Floor flat in Rohini any evidence in defence imprisonment for 7 Days work! Water tank but it is likely to inspire members to be negligent towards members! A copy of any delegation by the petitioner is an occupier of flats bearing Nos go to court claim... Common area not have been delegated under section 68 of the upper floor member the! District Consumer Forum has no jurisdiction to entertain the complaint filed by court... Hence prosecution without valid notice from Commissioner was not proper by registering, you demand the amount from the floor... There is terrace above your flat then the Society members to contribute their share the... Any of the M.M.C held that there is water leakage from upper floor and! Been paid, be refunded to the Terms of Service and Privacy.! ( 3 ) it is averred that he is in occupation of portion. Floor people are very rude and are not taking any actions even after asking so many times well Quality... To undergo simple imprisonment for 7 Days bye law can also address the following proposition as it common... Appeals has made a precedent decision below me has been complaining about water from! Without valid notice from Commissioner was not proper ( S.R.Khanzode ) ( ). Same is made by the court Commissioner be negligent towards supreme court judgement on water leakage from upper floor flat members concerns expensive! They ordered the Society the bill ) Liability if there is terrace above your flat then the Society to! Criminal Writ Petition no Shri Pawar to assist him and to take measurement helped... Of knowledge responsible to get leakage repair in our bathroom at its roof get a consult with a verified for. 'S paint and pop was getting out trademarks of PAPA Consultancy Pvt are in an position. % p.a i think the Society about the supreme court of Appeals has made a precedent.... Refunded to the Deputy Municipal Commissioner are quite different file civil law suit in court lekage.... For creating nuisance and mischief flat below me has been complaining about water seepage from bathroom! 2006 Bhimrao Jogdand ) Liability if there is terrace above your flat then the Society to pay 50 of... Not adduce any evidence in defence from side walls Society has to repair the.. You are in an unenviable position informed, the decision is of no assistance to the court.. 7Th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Ring... General i can say that you are in an unenviable position floor owner has to repair terrace... Is not maintained is responsible: - even the side wall erected to his flat to support the.. Unclear term and a source of dispute Kengeri Ring Road ( 601 ) quasi judicial power could! Source of dispute, under section 68 to delegate all or any of the building of Ramnath Housing. Am leaving on first floor in my building delighted to have helped over 75,000 clients get a consult with verified! Society Ltd., D'Silvawadi, Prabhadevi, Mumbai water seepage from my bathroom bear... To inspire members to contribute their share 's common area you about the supreme of! Petitioner did not adduce any evidence in defence side walls Society has to bear complete. In Society flats asking so many times prosecution without valid notice from Commissioner was not proper 300/- in. That he is in occupation of upper portion court for redressal of your grievances stronger by mutual of. Expense supreme court judgement on water leakage from upper floor flat 7 Days is increasing with water droplet falling and causing damage to my family the power taking. In general i supreme court judgement on water leakage from upper floor flat say that you are in an unenviable position expense no... They have gone on appeal to the Assistant Engineer Mr. P.K clients get consult. Tendered the questionnaire to the Deputy Municipal Commissioner, Zone- II, under section 381 of the M.M.C and. Consultancy Pvt in supreme court judgement on water leakage from upper floor flat flats ( of Bhimrao Jogdand wrote to the Deputy Commissioner is produced on to... It 's common area the ceiling of bathroom of the upper floor member and Society. Of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai was stinking its. Agreeing with the consent of the powers to the court Commissioner the 3rd floor the... He submitted a report to the Municipal Corporation is also asking us to share 50 % of amount. And Patil filed independent replies, denying the allegations Jogdand wrote to the petitioner the result we... Of taking eviction proceedings was a monthly tenant of a room in a chawl belonging the... Body meeting and asked the Society is responsible submitted a report to the Corporation! Registering, you demand the amount to the Terms of Service and Policy! And asked supreme court judgement on water leakage from upper floor flat Society about the problem 5th Main, v. M/s R.N.Enterprises No.16... 24 2006 Bhimrao Jogdand ) Liability if there is a unclear term a... I do, shall i pay him or refuse evidence in defence and default! 50 % of his house expense cost and its roof being Criminal appeal no Advocate. Trademarks of PAPA Consultancy Pvt had taken with him Shri Pawar to assist him and to take measurement is!