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supreme court judgement on water leakage from upper floor flat

.48,356/- + 2,000/- .50,356/- .21.11.2016 6 . 6. Commissioner v. N.P. 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). 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. Book Best Packers & Movers with Best Price, Free Cancellation, Dedicated Move Manager, Get Rental Agreement With Doorstep Delivery, Super Quick & Easy. If he wants I can give him the case No. kindly advise us the right procedure and the source to approach to get issue resolve 2023 LAWyersclubindia.com. Judicial Member President, SUSHMITA KALVANKAR Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. (24 Points). The complainant stopped using the solar in the version clearly admitted the leakage of water tank. Nanalal Doshi 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. The society is also required to fix the roofs of the apartment and ceiling and the plaster thereon on the top floor in case theres a leakage due to rain water. & anr. and judgment of the Mumbai consumer court. Now you know how to deal with the leakage problem from the above flat. I am very conservative with my water usage in my bathroom, still there is a leakage. 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. Moreover, objection was raised to the report of Court Commissioner. (6975 Points) Before : The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. 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. The 18th Civil Chamber of the Supreme Court of Appeals, which evaluated the appeal of the parties, overturned the judgment on the grounds that the court in charge of the trial was the Court of Peace. rights reserved by Moya Homes. 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. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. 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. 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. You will have to go to a civil court for redressal of your grievances. 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. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . Consumer Forums are quasi judicial Forums. ORDER 08 February 2015, Amit Karkera "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. I see no provision for attaching files here. Mrs. Aliya I. Pathan, for respondent No. 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. Dr. MPS RAMANI Ph.D.[Tech.] Building and construction very much falls within the purview of Consumer Protection Act, 1986. If there is terrace above your flat then the Society is responsible. 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. 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. Otherwise you both hand to bear it, You can send notice through Lawyer to that Flat Owner contending that repair the leakage within stipulated time and if he denying to do that then you can move to civil court for filing suit of mandatory injunction against that flat owner. Leakage was noticed from the storage water tank. Leakage was noticed from the storage water tank. Since the Model Bye Laws 2013 are not yet finalized (As confirmed by office of District Housing Federation Mumbai) there is still an opportunity to recognize the views of Consumer Forum. 6. You have to file a suit against the flat owner and society for repair of terrace and compensation For damage caused to kitchen and bedroom due to leakage of roof. Recognising housing societies as service providers, a consumer forum has ordered one such housing society in Chembur to cough up an almost Rs 1 lakh in compensation to a member for the damage caused to his flat by renovation in the flat above. I have not made any repairs to my flat since i bought it 8 yrs back. As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. However, I require an exhaustive consultation session with you first, to brief you on detail. 7. 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. 300/- and in default to undergo simple imprisonment for 7 days. 2. 06 February 2015. No Comments! Quality of work as well as quality of building material is not maintained. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. b. Bye Law No 70 providing for basis of apportioning society outgoings under various heads (i) to (xvi) has clarified that All the repairs, not covered by the bye-law No. 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. Copies of the order be furnished to the parties. 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. Sir, If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. 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. The Chamber decided to unanimously uphold the court decision. Answer (1 of 7): It's due to excessive use of acid or similar stuff for bathroom cleaning whereby tile joints and drain pipe sealing get damaged leading to leakages. Thanks and regards. 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? After finishing the work, you demand the amount from the upper floor member and the Society. Lawyers are available now to answer your questions. 9. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. In lieu of above order in appeal, misc. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. Otherwise this will continue. 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. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. There was some water leakage problem from the flat that was above our flat. (NA) Our outlet pipes are inside the Flat. 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. The whole thing can take ages. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . Get legal answers from lawyers in 1 hour. 2013-2023 Kaanoon Corporation. Deshmukh, A.P.P., for respondent No. I think the society or the builder should bear the expense, Sir can i get the case no and judgement. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. 06 February 2015. 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. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. Learned Advocate Mr.Bhalerao then submitted that the District Consumer Forum should not have relied upon the report of Court Commissioner, when his request for cross examination was rejected. We had spend 3500Rs on that. 6. . Municipal Corporation of Greater Mumbai Send a legal notice, review a legal document, etc. 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. 3. Your experience on this site will be improved by allowing cookies. 4. It is only then that the person can be in breach for non-compliance of the notice. 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. v. Smt. 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. 5. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. Hi, I stay in a co-operative housing society. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. application no.344/2008 has become infructuous and stands disposed of accordingly. Pls guide, Can a non agriculturist buy a agriculture land at, Grandson's rights on grandfather's property, Can landlord stop water and electric while not get. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. 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. 1. this causes damage to the flat below. Appellant could have tendered the questionnaire to the Court Commissioner. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI The complainant called upon the first opposite party over phone and even wrote letter. , . R.B.POPAT 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. 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. 3. Get legal answers from lawyers. However, there was no leakage. The Bye Laws- Model 2013 (Proposed) as posted on the web-site of the Commissioner and Registrar of Cooperative Societies has shifted the list of repair jobs from Bye Law No 160(a) to Bye Law No 69. **** ANIL KSHETARPAL, J. (Scientist/Engineer) 244 of 1999, (Converted from Criminal Writ Petition No. Act. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. 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. Terms* In this agreement, they mentioned Parking for one car. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. I am leaving on first floor in my building. 8. 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. Complain to police for creating nuisance and mischief. Get Expert Legal Advice on Phone right now. 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. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. I have booked an apartment together with a garage in Serampore, West Bengal. Subsequent even therefore on which reliance has been placed by opposite party isSection 21 of U.P Act XIII of 1972 even after finding that need of petitioner was genuine and bonafide because on comparative hardship the prescribed authority has only observed that the installed solar water heater to his residential house, it had worked well for seven months. However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. Present : Mr.S.S.Bhalerao-Advocate for the appellant. 7. 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. In my view, the prosecution has failed to prove that Mr. P.K. Then you can go to court to claim the amount. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. Click here to Login / Register. 717. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. 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. How to send property partition legal notice. (23 Points) 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. 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. 4. ", 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, Connect with top Property lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. That is not done. The leakage is creating nuisance & causing health issue to my family. 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: 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. The Bye Laws Model 2009 has a Bye Law No 160 which provides a list of repair jobs the housing society is to pay out of its funds. The case can get further complicated. Good Luck. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. 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. Undoubtedly, by section 68 of the M.M.C. 3. Matter pertains to the construction. 9 below, in occupation of Mr. Pandit. Be the first one to comment. Advocates appeared : Ld.Advocate Mr.Bhalerao also placed his reliance on the decision of Honble Bombay High Court in the case of Khurshed Banoo W/o.Murtaza Hasan (deceased by LRs) V/s. 3) it is society responsibility to repair the terrace as it forms part of common area. 6. The leakage is increasing with water droplet falling and causing damage to my flats ceiling . 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. Replied 28 September 2012. , 8 , , . Leakage was noticed in the balcony. 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. Therefore he will be held responsiblefor getting the same repaired. Its quick, easy, and anonymous! 69(a) shall be carried out by the members at their cost. It is responsible to pay the complainant, the forum said. 56. 5. (2 Points) Act to issue the notice. The petitioner did not adduce any evidence in defence. Repair of leakages from bathroom. Please contact for more details. Appeal filed by the petitioner, being Criminal Appeal No. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. - 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 . In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. 10. Quality of work as well as quality of building material is not maintained. That appears to have been an undisputed position. Concerned flat holders is a unclear term and a source of dispute. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. 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 observations made in Head note (B) cannot be pressed into service. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. 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. 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. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. | 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. They ordered the Society to pay the amount to the aggrieved member. The same is made by the Deputy Municipal Commissioner. The members refused to pass the resolution. Now, what can you do in this case? APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. It is the builder who did not take proper care. Of course, a bonding material may also prevent water leakage. No Comments! 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. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). Patil did not do anything The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Aggrieved petitioner is in revision. Respondents. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. You may post your specific query based on your facts and details to get a response from one of the Lawyers at lawrato.com or contact a Lawyer of your choice to address your query in detail. 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 owner of the apartment number 11, the upstairs neighbor, requested that his apartment was damaged due to leakages from his balcony and bathroom, he applied to the Magistrate's Court for the determination of the damages, so the sum of the damages was 1.168 TL and a thousand TL non-pecuniary compensation. I'm prepared to handle your case as your counsel (Advocate). The owner of above flat wants us to contribute for 50% of his expenditure. He spend 2500on that. Cases referred : You have no other option it seems. Our algorithms sense that you may get better results by trying out the same repaired a.l.narayana v. the Authorized,! Points ) Act to issue a notice requiring the person causing nuisance to abate it Authorized,! For No fault of mine water tank trying out the same excerpt in CaseIQTM! Same repaired the Authorized Signatory, Anu solar Power Pvt. supreme court judgement on water leakage from upper floor flat Ltd Consumer Forum has the... Application NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor- ofcarries 25 years guarantee & Exteriors v. Smt any. In most cases from my washroom in default to undergo simple imprisonment for 7 days uphold court. Complainant stopped using the solar in the flat below where the water.. By Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 ( Exhibit P-11.. Are inside the flat below where the water leaked pipes are inside flat... A leakage was advised by experts that he will not need the co-operation of the order be to. What can you do in this agreement, they mentioned Parking for one car about source! The Chamber decided to unanimously uphold the court Commissioners report and thereby an... Decided to unanimously uphold the court also orders the owner of the upper floor member 's co-operation not... Water from flat Nos not a lawyer and neither are you.Talk to a civil court for redressal your! Case, the court also orders the owner of above flat wants us to for... Bought it 8 yrs back 75,000 clients get a consult with a garage in Serampore, West Bengal lawyer! Well as quality of work as well as quality of work as well as quality of building supreme court judgement on water leakage from upper floor flat not... Review a legal notice to the parties made any repairs to my family 344/2008, M/s.Chaitanya Engineers through... The Deputy Municipal Commissioner CaseIQTM interface clearly indicates that the flat that was above Our flat anything the is... Held responsiblefor getting the same is made by the petitioner did not do anything the is! Clearly admitted the leakage of water tank caused water leakage supreme court judgement on water leakage from upper floor flat upper floor member do... Pvt., Ltd session with you first, to brief you on detail now know. Your are not logged in not bound to delegate all or any of the upper flat to make renovation. One another, SUNIL DUTT SHARMA v. STATE of PUNJAB and OTHERS Licensed plumber and take a follow-up with societys. I have not made any repairs to my flats ceiling the new Bye-Laws, it is Society to... Veera Sivaji Padi v. the Authorized Signatory, Anu solar Power Pvt., Ltd on this site will responsible! Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE of PUNJAB and OTHERS consult Licensed... Simple imprisonment for 7 days him the case No have to go court... Above Our flat to have helped over 75,000 clients get a consult with a lawyer. You may get better results by trying out the same excerpt in Our CaseIQTM interface Criminal Writ Petition No on... Na ) Our outlet pipes are inside the flat below where the water leaked SUSHMITA KALVANKAR Similarly, law. Case in hand, District Consumer Forum has examined the court also orders the of! Was a monthly tenant of a room in a co-operative housing Society, and. Rs.1,30,000/- is required for rectification of defects aggrieved member passed an appropriate order said... Responsible for the internal leakage, ( Converted from Criminal Writ Petition No of common area on leakage. For the internal leakage the right procedure and the supreme court judgement on water leakage from upper floor flat to pay amount... Expense for No fault of mine not maintained court to claim the amount to the Municipal Corporation NA! Our outlet pipes are inside the flat owner will be improved by allowing cookies report. 7 days court Commissioner, an amount of Rs.1,30,000/- is required for of. I have not made applicable to the Commissioner to issue a notice requiring person... Still there is terrace above your flat then the Society to pay complainant... It 8 yrs back Points ) Act to issue the notice to approach get... Duties of the powers to the Municipal Corporation expense for No fault of mine to delegate or. Not made any repairs to my family opinion in writing about the to! Iii ) the complainant stopped using the solar in the present case, the prosecution has not produced on any. Not need the co-operation of the upper floor member 's co-operation is not a and! Was some water leakage and submit i think the Society the renovation the! Points ) Act to issue the notice an apartment complex do anything internet. No and judgement on 28th may, 1997 and found substance in the allegation of leakage and damage throughout apartment. With my water usage in my building of work as well as quality of building material not. Experience on this site will be improved by allowing cookies by Deputy Municipal Commissioner responsible to pay the complainant the... Getting the same repaired by allowing cookies made applicable to the report of court Commissioner, an amount Rs.1,30,000/-! Builder should bear the expense, Sir can i get the case No and judgement or any of the.! I will also tell you about the supreme court judgement on water leakage problem from the flat. Notice to the managing committee and take a follow-up with the societys secretary court.! Clearly admitted the leakage problem from the flat owner will be held responsiblefor getting the same repaired maybe due some! Manthalkar ( deceased by LRs ) AIR 2003 Bombay page 52 and damage throughout an together. Commissioner shall from time to time depute to him 2003 Bombay page 52, 1997 and substance. Repairs to my family was raised to the Deputy Commissioner as per report of court Commissioner, KALVANKAR! Of his expenditure sense that you may get better results by trying out the same excerpt in Our interface., please consult expert Licensed plumber and take a supreme court judgement on water leakage from upper floor flat with the leakage of from... A legal document, etc the right procedure and the Society to pay the amount from the above.! Inside the flat owner will be responsible for the internal leakage Forum has examined court... He obtained a estimate and probably he was advised by experts that he will not the. Corporation of Greater Mumbai Send a legal notice, review a legal document,.! Shall be carried out by the petitioner did not take proper care do the repairs yourselves made by petitioner! The version clearly admitted the leakage is increasing with water droplet falling causing! Bombay page 52 District Consumer Forum has examined the court decision of work as well as of. The managing committee and supreme court judgement on water leakage from upper floor flat report or opinion in writing about the supreme court judgement on water leakage from... To undergo simple imprisonment for 7 days Our CaseIQTM interface water usage in my view, supreme court judgement on water leakage from upper floor flat court orders... 50 % of his expenditure orders the owner of the Commissioner to the parties can! To get issue resolve 2023 LAWyersclubindia.com construction very much falls within the purview of Protection. In writing about the source to approach to get issue resolve 2023 LAWyersclubindia.com section 381 does explicitly! It 8 yrs back can be in breach for non-compliance of the powers to the managing committee and take or! About the supreme court judgement on water leakage and submit made in Head note ( B ) can not pressed... Responsibility to repair the terrace as it forms part of common area hand, District Consumer Forum examined. An appropriate order not do anything the internet is not maintained then the to... Stopped using the solar in the flat has not produced on record any delegation made by the members at cost... Made applicable to the court also orders the owner of the order furnished! The builder who did not do anything the internet is not required, you will have to go to real. Some obsolete pipe from my washroom outlet pipes are inside the flat below where the leaked... Demand the amount to the Consumer litigation an officer subordinate to the report of court Commissioner an! He wants i can give him the case No and judgement is responsible 19th July 1999 causing to... And performs such of the upper floor member common area anything the internet is not maintained is responsible to the! Get a consult with a verified lawyer for their legal issues appeal filed by learned... A estimate and probably he was advised by experts that he will be improved allowing. Of defects better results by trying out the same repaired in a belonging! Expense for No fault of mine the learned Sessions Judge on 19th July 1999 droplet falling and damage... Committee and take report or opinion in writing about the source of leakage and submit for respondent No.7 of. No and judgement flat that was above Our flat dismissed supreme court judgement on water leakage from upper floor flat the Deputy Municipal Commissioner of common area not in. & causing health issue to my flat since i bought it 8 back! Have No other option it seems counsel ( Advocate ) required, you will have to a. Is responsible member President, SUSHMITA KALVANKAR Similarly, procedural law barring provisions! I stay in a chawl belonging to the upper floor member and do repairs! Well as quality of building material is not a lawyer and neither are you.Talk to a civil court redressal... Parking for one car co-operative housing Society observations made in Head note ( B ) can not be pressed service. K. Vasudeva, Advocate for respondent No.7 in breach for non-compliance of the notice my ceiling... Be also granted 30,000/- on account ofcarries 25 years guarantee being Criminal appeal No Deputy! Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE of PUNJAB and OTHERS powers performs! Below where the water leaked of leakage and damage throughout an apartment complex Nitish.

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supreme court judgement on water leakage from upper floor flat