Judicial Member President, SUSHMITA KALVANKAR When polcie will call him, will understand. 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. What action did you take to stop it?? 157 (Accountant) What will the Society do now? 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. 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. The Chamber decided to unanimously uphold the court decision. You have no other option it seems. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI 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. The appellants assured her repair works undertaken by them walls were completed in all aspects. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. It is the builder who did not take proper care. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Mr.N.M.Shinde-Advocate for the respondent. 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. The leakage is increasing with water droplet falling and causing damage to my flats ceiling . The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. 9 situated on the second floor of the building is in occupation of Mr. Pandit. 3) it is society responsibility to repair the terrace as it forms part of common area. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. should be borne by concerned flat holders, with the consent of the society. Advocates appeared : He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. In the meantime if the repair was not effective and leakage recurs again who will be responsible? Complainant claimed Rs.1,80,000/-. Its quick, easy, and anonymous! Get Expert Legal Advice on Phone right now. Commissioner v. N.P. The petitioner is an occupier of flats bearing Nos. Act. If the member or the society still does not act, then there are several district court orders (Vile Parle district court order on Prashant Trivedi v/s Bansi CHS, as reported by DNA newspaper on 22/1/2011) also in such matters of internal flat leakage. It's quick, easy, and anonymous! 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 . the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. 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. Second floor people are very rude and are not taking any actions even after asking so many times. 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. Leakage is also noticed to the sink of the kitchen platform. The flat below bearing No. In the circumstances, that decision is also of no assistance to the respondent. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. (21 Points) Your are not logged in . Case in hand is simple one and can be settled on the basis of affidavits. 5. Act. 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. 9. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . You will have to go to a civil court for redressal of your grievances. and judgment of the Mumbai consumer court. 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. Anshul Goel 68. The consumer jurisprudence is altogether different. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! In this agreement, they did not mention parking area details. 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. Terms* Get Expert Legal Advice on Phone right now. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. I will clear all your queries in this answer. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. Construction work is not carried out as per specification and standard. Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. 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. 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. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. (6975 Points) Complain to police for creating nuisance and mischief. 07 February 2015. The decision of the consumer court was funny. Thanks and regards. If there is terrace above your flat then the Society is responsible. Now, what can you do in this case? We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. Item O in A-Z list of repair jobs also practically identical viz : Leakages of water including leakages due to rain water and leakages due to external common pipe line and drainage line 8. Same was for the bedroom walls. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . Plumbing work was done towater is being wasted. Respondents. My bathroom's was stinking and its roof's paint and pop was getting out. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). The forum took into consideration photographs of the damaged flat submitted by the complainant along with copies of the correspondence and accepted that the renovation had caused the damages. Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. about 75% of the money was paid by me. 3. Sub-section 2-A also provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner are appointed, the Commissioner may prescribe the respective spheres of operation of them meaning thereby he may delegate some powers to the Deputy Commissioner and some powers to the additional Deputy Commissioner or additional Deputy Commissioners and he may retain some powers to himself without delegating them to the Deputy Commissioner or an additional Deputy Commissioner. 10. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. 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. I am very conservative with my water usage in my bathroom, still there is a leakage. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. 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. 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. 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. 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. 6. (S.R.Khanzode) (B.B.Vagyani) Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. 1. 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. IN THE HIGH COURT OF KARNATAKA AT BENGALURU As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. Most probably they will not pay. (Advocate) a tort committed by the occupant of the flat above you. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. Replied 04 February 2021, Prakash Prajapati -----, 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. Repair of leakages from bathroom. (a) Deleted Leakage was also noticed in the passage leading to bedroom on the northern side. The prosecution examined Mr. Pawar, Junior Engineer (P.W. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. A better thing would be as follow. 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 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. Absolving the flat owner on upper floor, the consumer grievances forum has held a housing society liable for damage to the flat of one of its members and made it clear that there was no service provider-consumer relationship between the two flat owners. In hisPRAYER The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of indicated in its balance sheet physical loss of certain goods. 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. 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