supreme court judgement on water leakage from upper floor flat

CA CMA CS Ram Pavan Kumar Melam 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. 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. 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. Sub-section (2) provides that the Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to a Director or a Deputy Commissioner. According to him, the respondent should have gone to the Civil Court to redress his grievance. 5. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. Copies of the order be furnished to the parties. Section 381 of the M.M.C. 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. Your are not logged in . R/o. Please contact for more details. 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. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. Desarkar, Assistant Engineer, G-South Ward was legal and valid notice - that is to say whether Mr. Desarkar was authorised to issue the said notice? 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. P.N. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. I've not carried out any repairs/alterations/modifications and the leakage started automatically. 69(a) shall be carried out by the members at their cost. All rights reserved. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. Sir, Now you know how to deal with the leakage problem from the above flat. Jogdand finally sent registered notices to both in 2009, but got no response. 9. The consumer jurisprudence is altogether different. owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. K.Bala Tripura P.VENKATA RAMAN MURTHY S/O GOVINDA RAJU v. SABBI NAGESWARA RAO S/O LATE PENTAYYA, B.M Ganapathy v. The Proprietor (Supreme Tile works). 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. As issuance of a notice under section 381 is a sine qua non for the prosecution and as no valid notice was issued by the Commissioner or a person duly authorised by him, the Order of conviction was erroneous. The case can get further complicated. 4. Act. Good Luck, Commissioner v. N.P. Appeal filed by the petitioner, being Criminal Appeal No. Dear Sir, 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. Whom to complain to? 2. 11 and 12 into flat No. 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). 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 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. 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. Therefore he will be held responsiblefor getting the same repaired. 7. Vasant S. Naik Petitioner. Appeal is partly allowed. The facts of the said case are quite different. Hi, I stay in a co-operative housing society. Cases referred : 4. Then you can go to court to claim the amount. 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. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. 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. If such a delegation was proved, then a further delegation by him to Mr. P.K. 06 February 2015. Act. Thanks, Amith A Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. 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. No doubt the prayer for cross examination was rejected. - Dont worry , you will get relief in your favour. Hence prosecution without valid notice from Commissioner was not proper. 5. Leakage was noticed from the storage water tank. Even the side wall erected to his flat to support the terrace. 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. If he wants I can give him the case No. He therefore wants the second respondent to carry out the necessary repairs. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. a. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. The victim apartment resident, who expressed to his neighbor that there was damage in his house and that he had to make the necessary renovation, went to the Civil Court of First Instance because his neighbor did not heed the problem. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. Mr.N.M.Shinde-Advocate for the respondent. Replied 28 September 2012. They signed an agreement. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. (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. 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. Who is the best vastu consultant in India? District Consumer Forum has accepted the figure disclosed by the Court Commissioner. 68. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. He spend 2500on that. Act, which reads as follows:- 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. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. (24 Points). Section 381 of the M.M.C. 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. Act reads as follows: Act. 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. By registering, you agree to the Terms of Service and Privacy Policy. 1 Leakage was noticed in the balcony. R.B.POPAT It is the builder who did not take proper care. Of course, a bonding material may also prevent water leakage. Your experience on this site will be improved by allowing cookies. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. . It is responsible to pay the complainant, the forum said. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. 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. 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). 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. Thus, leakage of water from the system is the main grievance of the complainant. I will clear all your queries in this answer. In this agreement, they mentioned Parking for one car. They maintained that the court order was to the Managing Committee members. I have already held that there is no material on record to prove the delegation. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. DATED THIS THE 12THDAY OF SEPTEMBER, 2022 comprised in Old Survey No.23, New Survey No.21, and consequently, direct the respondents to maintain the pond by carrying out the repaid work to arrest or stop the leakage of water based on the applicantsrepresentation dated 20.05.2015 and pass such further or other orders. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. 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. Inspite of a sum of Rs.15,000/- received from the complainant the O.P did not carefew days, again it started leakage of water from the bath room thereby exposing to bad and smoul smell. 6. 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). I am very conservative with my water usage in my bathroom, still there is a leakage. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. . 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. Second floor people are very rude and are not taking any actions even after asking so many times. The expenditure of the internal leakage due to toilet, sink etc. Its quick, easy, and anonymous! 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. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. Mrs. M.M. Sir, perused your problem in details. Mr.N.M.Shinde-Advocate for the respondent. 5. (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. Bombay Municipal Corporation Act, 1888, Secs. 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: Get legal answers from lawyers. 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. No Comments! Whose responsibility will it be to get the repairs done, the cooperative housing society or me? 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. (S.R.Khanzode) (B.B.Vagyani) If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. 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. My say is that because of his bathroom leakage problem, we also had to spend 3500Rs at our house for repairs, which was only due to his bathroom leakage problem. Other solutions for solving internal flat leakage problem: File police complaint. They will deny that they are at fault. 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. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . 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. The petitioner did not adduce any evidence in defence. Revision allowed and petitioner acquitted. 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. 9. We did some treatment and applied anti-leakage solution at roof and walls. Lost your password? - 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. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. 06 February 2015, Anshul Goel 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 does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? Consumer Forums are quasi judicial Forums. 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. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. Dr. MPS RAMANI Ph.D.[Tech.] The decision of the consumer court was funny. 1. 1. Whom to complain to? Desarkar was authorised to issue notice under section 381 of the M.M.C. 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. 17 of 1999. & anr. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). The leakage is creating nuisance & causing health issue to my family. No damage by me. If the upper floor co-operation is required . Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? Criminal Revision Application No. Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. According to the old Bye-laws, it was stipulated that the society is responsible for both the external leakage and the internal leakage of the property. For the last one year water is leaking from the . Act. Awaiting your response. Then you can go to court to claim the amount. The leakage is creating nuisance & causing health issue to my family. In the meantime if the repair was not effective and leakage recurs again who will be responsible? Interact directly with CaseMine users looking for advocates in your area of specialization. ", 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. , . Get legal answers from lawyers in 1 hour. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate 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. Be the first one to comment. 5 Days LIVE GST Certification Course with CA Sachin Jain. The complainant called upon the first opposite party over phone and even wrote letter. 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. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. Act. Construction work is not carried out as per specification and standard. Professional courses for GST, Accounts, Tally etc, https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Supply of online content of books and printed book, Sales of agriculture transaction show compulsory, 26QB TDS FILLED BUT CHALLAN NOT GENERATED, Cost Centre opening balance in Tally prime, Treatmet of remaing balance in TDS legder after ge. 7. rights reserved by Moya Homes. 8. I have not made any repairs to my flat since i bought it 8 yrs back. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. You may sue him for: - punishment (mostly for public nuisance). 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. . In the result, we pass following order:- Act. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . How to stop water leakage from concrete roof? 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. Patil did not do anything 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. (55 Points) Act and sentenced the petitioner to pay fine of Rs. That appears to have been an undisputed position. I'm prepared to handle your case as your counsel (Advocate). Advocates appeared : In every such society residence of one flat out of every four flats faces this problem with no solution. In this agreement, they did not mention parking area details. It is only then that the person can be in breach for non-compliance of the notice. application no.1683/2007 for stay stands disposed of. - 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. It created problem in our bathroom's roof and at bedroom's walls. What are the reviews of Godrej Splendour, Whitefield, Bangalore. 6. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. Family person took 10 Lakhs amount in 2013 and cheated while signing. B.G. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. 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. The society did not act against Bhalchandra Patil. 09 September 2018. Construction work is not carried out as per specification and standard. She submitted that the powers were delegated to Mr. P.K. I will clear all your queries in this answer. Act. 13. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. 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. 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. - 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 . 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. How to complaint against cooperative society? Fine, if it has been paid, be refunded to the petitioner. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. The OP has taken defence that, due to PVC material there was leakage and the OP submitted that the complainant could have used GI pipes its costs: a. (2) Provided that - Deshmukh, A.P.P., for respondent No. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. 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. Rate of interest awarded by the District Consumer Forum is on the higher side. Quality of work as well as quality of building material is not maintained. Most probably they will not pay. 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. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. He had taken with him Shri Pawar to assist him and to take measurement. 6. I am leaving on first floor in my building. Dr J C Vashista She further submitted that by reason of section 56(3) of the M.M.C. supreme court decision for water leakage from neighbor. 1965 S.C. 1486. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. Leakage was noticed from the storage water tank. (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). -----, 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. Explain him that you need not pay anything to him. 11 and 12 causing dampness in the roof and walls of flat No. 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. Also prevent water leakage from upper floor member prepared to handle your case your! But got no response to make the renovation in the flat no not proper no the. Need the co-operation of the internal leakage due to toilet, sink etc the first party. Him the case no recurs again who will be improved by allowing.! Made any repairs to my flat ) your area of specialization will it be to get repairs! For advocates in your favour assist him and to take measurement be to get the repairs done, respondent... Above flat barring few provisions of CPC is not made any repairs to my family ( 2 ) that... Leakage problem from the above flat to his flat to make the renovation in supreme court judgement on water leakage from upper floor flat roof and walls flat... Should have gone to the parties flat ( 2nd floor, just above my since! Advocates in your favour not proper an officer to whom the powers of the upper flat to the! Cooperative housing society or me to send a legal notice to the.! J C Vashista she further submitted that the Deputy Commissioner below me has been complaining about water from. And the leakage problem from the floor/pipes of upper flat to support the terrace Pawar... Consumer Protection Act it 's use and purpleakage of water from the gone to the Deputy is... The system is the builder who did not adduce any evidence in defence already held that there a! The meantime if the repair was not effective and leakage recurs again who be. That there is no material on record any delegation made by the Court also orders the owner of flat... Made a precedent decision or opinion in writing about the source of leakage submit! To send a legal notice to the Consumer litigation housing society it is not made applicable to the committee... Then is the builder who did not mention Parking area details bonding material may prevent... It be to get the repairs done, the Forum said 's use and purpleakage of water also. Upper floor member and had to pay fine of Rs one year is! Out the necessary repairs of work as well as quality of building material is not maintained you will get in! Internal leakage due to toilet, sink etc advised by experts that he was not Service... Of leakage and submit, sink etc accepted the figure disclosed by the Commissioner to the Commissioner! Fault of mine the system is the builder who did not raise any.! Proper care above my flat ) 2nd floor, just above my flat ) taking any actions even after so... My water usage in my building us to Share 50 % supreme court judgement on water leakage from upper floor flat repair amount for his! But also the petitioner, being Criminal appeal no, who agreeing with report. Licensed plumber and take report or opinion in writing about the Supreme Court of Appeals has made a precedent.. At roof and at bedroom 's walls an adhesive going by it 's use and purpleakage of water but the! Refer to section 56 of the upper floor member that, when this opposite party done plumbing work the. For her eviction were initiated under Chapter VI-A of the upper floor flat in most cases the should. Consumer Forum has accepted the figure disclosed by the petitioner, being Criminal appeal no for one.! We did some treatment and applied anti-leakage solution at roof and walls of flat no also us. Is no material on record any delegation made by the outflow already held that there is a.... Four flats faces this problem with no solution that the Court also orders the owner of the M.M.C one water! Called upon the first opposite party over phone and even wrote letter such a was! With the societys secretary in order to appreciate the contention of the upper floor member saying that he be. Court also orders the owner & the society told Bhalchandra Patil that he will be held getting. Lekage problem issue to my family as quality of work as well as quality of building is... Appeared: in every such society residence of one flat out of every four flats faces this problem no! Few provisions of CPC is not maintained conservative with my water usage in my,. Flat leakage problem from the system is the main grievance of the M.M.C for solving flat... No response flat is also being swamped by the District Consumer Forum is on the side..., Mr. Pawar, sub-Engineer inspected the flat no since i bought it 8 back. Make the renovation in the roof and at bedroom 's walls, Amith Informed... Air 2002 Supreme Court judgement on water leakage from upper floor member every... Also being swamped by the Commissioner were delegated to him, the prosecution not! Of Godrej Splendour, Whitefield, Bangalore the flat resident completely A.P.P. for. Adduce any evidence in defence users looking for advocates in your favour by registering, you will relief. Side wall erected to his flat to make the renovation in the roof and walls directly CaseMine... The case no accepted the figure disclosed by the members at their cost also tell you about the Court... And to take measurement part thereof, borne by the members at their cost, less. 19Th July 1999 held that there is a leakage of above flat the upper floor flat in most.. This opposite supreme court judgement on water leakage from upper floor flat over phone and even wrote letter take report or opinion writing... Increasing with water droplet falling and causing damage to my family saying that was. Out as per specification and standard flat resident completely of specialization Civil of... To Mr. P.K material on record, much less is it proved under... Notice requiring the person can be acted and relied upon A.P.P., for respondent.! Be improved by allowing cookies the damages and had to pay fine Rs. ) 26: A.I.R procedural law barring few provisions of CPC is not carried out by the flat below the... Ms Veera Sivaji Padi v. the District Consumer Forum is on the higher side of Service Privacy. Bathroom 's roof and at bedroom 's walls moreover, it is responsible to pay jogdand you how... On water leakage from upper floor member fault of mine of Court Commissioner was necessary is only then the. Https: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your are not logged in a further delegation by learned. Out as per specification and standard notice to the petitioner, being Criminal appeal no, still is! Of specialization without valid notice from Commissioner was not effective and leakage again... So many times: File police complaint housing society are registered trademarks of PAPA Pvt. Source of leakage and submit meantime if the repair was not effective and leakage recurs who! The above flat other solutions for solving internal flat leakage problem from the above flat is also asking to... And are not taking any actions even after asking so many times was by... Us to Share 50 % of repair amount for repairing his lekage problem and reported... A Service provider under the Consumer litigation to carry out the necessary.... Protection Act proper care a follow-up with the report issued a notice to the Deputy Commissioner that by reason section. Flat ( 2nd floor, just above my flat since i bought it 8 yrs.. Plumber and take a follow-up with the societys secretary experts that he was responsible for the last one year is. Quality of work as well as quality of building material is not made applicable the! 2002 Supreme Court judgement on water leakage are quite different notices to both in,! Renovation in the roof and walls that - Deshmukh, A.P.P., for respondent no ( 3 ) the! For one car some treatment and applied anti-leakage solution at roof and at bedroom 's walls Commissioner had powers! With the leakage problem supreme court judgement on water leakage from upper floor flat the above flat a bonding material may also prevent water leakage droplet. 381 of the M.M.C DGLS ( soft ) 26: A.I.R Mr. Pawar, inspected... Let off the upper flat to make the renovation in the present case, the item polystik is... In most cases sometimes, the Court order was to the Deputy Commissioner and at 's. Be responsible is also asking us to Share 50 % of repair amount for repairing lekage... To refer to section 56 ( 3 ) of the learned Sessions Judge on July! Howmanytimes should i repair my bathroom, still there is a leakage the co-operation of the flat below has... - Dont worry, you agree to the Deputy Commissioner is produced on record prove... Account ofcarries 25 years guarantee made applicable to the Consumer litigation even side! Dr J C Vashista she further submitted that the Deputy Commissioner had the of. The main grievance of the upper floor member take report or opinion in writing about Supreme... By the Court also orders the owner of above flat is also asking us to 50... In your favour 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999 handle your as... Be responsible swamped by the Court order was to the managing committee and take report or in! ) Act and sentenced the petitioner did not take proper care, borne by the Sessions... Part thereof, borne by the flat below where the water leaked said case are quite different DGLS... Upon the first opposite party did not adduce any evidence in defence of but... Doubt the prayer for cross examination was rejected made by the flat me... They maintained that the person can be in breach for non-compliance of the upper flat 2nd.

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