Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. 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. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. 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. please expose on this issue what legal action should be taken against this. 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. Please enter your email address. Sub-section (3) only means that the acts done by the Deputy Commissioner or an additional Deputy Commissioner in respect of powers delegated to him shall be deemed to be acts of the Commissioner. If there is terrace above your flat then the Society is responsible. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. The same is made by the Deputy Municipal Commissioner. The sentence was appealed by the defendant. [2] The status of your redidence, whether a tenant or an owner. 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. The Chamber decided to unanimously uphold the court decision. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? (PRACTICING C.A.) I see no provision for attaching files here. Act. 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. See you can give a legal notice to the society and the above flat owner asking them to repair the Terrace and seeking damages for the loss if on notice the society and the person fails to repair you can file a suit seeking direction to repair the roof and seeking damages. Most probably they will not pay. 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. 2. Nanalal Doshi Quality of work as well as quality of building material is not maintained. (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. Same was for the bedroom walls. In the meantime if the repair was not effective and leakage recurs again who will be responsible? supreme court decision for water leakage from neighbor. The petitioner did not adduce any evidence in defence. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! What will be the take on BMC in this? You may sue him for: - punishment (mostly for public nuisance). After his death in 1961, the tenancy devolved on his widow who took in a boarder. After that we did repair in our bathroom at its roof. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . 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. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. The expenditure of the internal leakage due to toilet, sink etc. Patil did not do anything What action did you take to stop it?? The flat below bearing No. You call qualified engineers, ask them to diagnose the fault, give an estimate and also whether the co-operation of the upper floor member will be necessary for the repairs. 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. - 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 . **** ANIL KSHETARPAL, J. Leakage is also noticed to the sink of the kitchen platform. Misc. Act, all acts and things performed and done by a Deputy Municipal Commissioner during the tenure of his office are deemed to have been performed by the Commissioner. I've not carried out any repairs/alterations/modifications and the leakage started automatically. Thanks and regards. 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: Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. (6975 Points) 5. 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. Revision application allowed. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. I alongwith my wife had repeatedly requested them to do the necessary repairing work including taking pipe outlets outside the flat(almost 80% of the flat owners had already did it long ago)but they did not pay any heed to it. 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. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! ( of Bhimrao Jogdand) 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. 5. 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. I am leaving on first floor in my building. 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. 3. 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. If the civil works guy certifies (ie give his opinion in writing) that your troubles cannot be resolved unless repairs are carried out in the terrace flat above, then you can think of legal action. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI 244 of 1999, (Converted from Criminal Writ Petition No. R/o. Otherwise this will continue. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. 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. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. 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). "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. The appellants had not acceded to the request of the respondent. Replied 28 September 2012. Is there a RWA or MC of the CGHS? 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. Send a legal notice, review a legal document, etc. Second floor people are very rude and are not taking any actions even after asking so many times. Matter pertains to the construction. ORDER 11 and 12 into flat No. In the circumstances, that decision is also of no assistance to the respondent. Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. There was some water leakage problem from the flat that was above our flat. In every one out of two housing societies in Mumbai there is a constant quarrel on who attends water leakage in the ceiling of a bathroom. 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. I am very conservative with my water usage in my bathroom, still there is a leakage. They ordered the Society to pay the amount to the aggrieved member. Section 381 of the M.M.C. However, there was no leakage. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. 06 February 2015. Mrs. Aliya I. Pathan, for respondent 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). I am having a same issuebut the flat from where there is leakage is mine. Lawyers are available now to answer your questions. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. As the applicant was not taking remedial action for repairs despite repeated requests by Mr. Pandit, he complained to the Ward Officer / Assistant Commissioner of Mumbai Municipal Corporation. Who is Responsible to Get Leakage Repair in Society Flats. 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. Whom to complain to? MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. (S.R.Khanzode) (B.B.Vagyani) should be borne by concerned flat holders, with the consent of the society. Dr. MPS RAMANI Ph.D.[Tech.] Good Luck. Give the names of the upper floor member and the Society/Association as opposite parties. - As per law, the upper floor owner is responsible for repairing the water leakage . State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. A better thing would be as follow. 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In every such society residence of one flat out of every four flats faces this problem with no solution. Hence prosecution without valid notice from Commissioner was not proper. Dr. MPS RAMANI Ph.D.[Tech.] Section 381 of the M.M.C. Complain to police for creating nuisance and mischief. 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. Heard Mr.S.S.Bhalerao-Advocate for the appellant. Your are not logged in . 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? The consumer jurisprudence is altogether different. 15. Therefore he will be held responsiblefor getting the same repaired. While so, from the last few months, there is a leakage either sides from the water tank and the same was informed to the opposite parties by complainant over phone and he also made number ofinstalled the same. I have already held that there is no material on record to prove the delegation. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. 1. Shastri, for petitioner. From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. In Civil Law. Act. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. In case the upper floor owner is not ready to bear the cost, then the sufferer can get it repairedat his cost and go to court to recover the same along with the litigation cost. 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. According to complainant, there was leakage of water from either sides of tank and the same was informed to opposite parties, but of no use. You will find the answer to all your question in model bye-laws (section 160). The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. a tort committed by the occupant of the flat above you. Municipal Corporation of Greater Mumbai 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. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. Ltd. All Rights Reserved. You will have to bring expert witnesses to prove your point. 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. ordered that the defendant be given 1 business day for this transaction. Plumbing work was done towater is being wasted. 2. 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. The prosecution examined Mr. Pawar, Junior Engineer (P.W. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. 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. 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. 09 September 2018. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. How to complaint against cooperative society? (a) Deleted Respondents. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? What about instances where a flat owner leaves his water supply taps open and locks the flat. Even the side wall erected to his flat to support the terrace. 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. repairing the leakage of Cauvery Joint Water Scheme Pipeline located adjacent to Arulmigu Meenakshi Sundareswarar Temple, Pattamangalam, Sivagangai District, on the basis of the representation submitted by, there is no leakage of water, thereby affecting the petitioner's temple. By registering, you agree to the Terms of Service and Privacy Policy. , . Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. You must login or register to add a new answer. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. 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. 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. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. Deshmukh, A.P.P., for respondent No. (Advocate) 13. 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). In this agreement, they did not mention parking area details. 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. 08 February 2015, Amit Karkera 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. Honble President, Shri S.R.Khanzode, Honble judicial member of expensive cosmetic such! The LawRato Logo are registered trademarks of PAPA Consultancy Pvt the side wall erected to his flat make. In that case, one Govind Hari was a monthly tenant of a room in a boarder,. In the meantime if the repair work involves undoing of expensive cosmetic work such as granite, or! 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