It is also material to note that in presence of both the parties, the commission work was carried out. 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. Now, what can you do in this case? The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. They will deny that they are at fault. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. The observations made in Head note (B) cannot be pressed into service. We, therefore, modify the rate of interest from 12% to 7% p.a. 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 think the society or the builder should bear the expense. 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. HOUSING SOC. Mr. Abhishek Bhateja, Advocate for respondent No.8. 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. Anshul Goel Section 381 of the M.M.C. 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. 7. 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. P.N. All rights reserved. Thus, leakage of water from the system is the main grievance of the complainant. 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. He spend 2500on that. It was informed, the defect was in the plumbing work. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. It is the builder who did not take proper care. The whole thing can take ages. In this agreement, they mentioned Parking for one car. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. Matter pertains to the construction. The side walls in the hall also gets dampened apart from the toilet ceiling. (2 Points) Civil Court. In Civil Law. Good Luck. After continous requests, the owner of above flat did repairs. 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. The Chamber decided to unanimously uphold the court decision. I am having a same issuebut the flat from where there is leakage is mine. What action/compensation can be claimed by the flatowner of the flat below . 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. 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. 2. Per Justice Mr.B.B.Vagyani, Honble President. 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. Concerned flat holders is a unclear term and a source of dispute. 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. Replied 24 July 2020, Hi, I have been resident to a flat in a Co-operative Housing Society and there are commercial shops below my building. What to do if the parents are forcing marriage on me, Can i apply for a police post even if there was case now disposed off, Police Clearance Certificate for passport if criminal case pending, How can I convert the panchayat approved land to a DTCP or CMDA, Case was dismissed due to non appearance can I restore the case, someone sending the legal notice i have not accepted what will happpen, How to file a complaint in National Green Tribunal (NGT)? 5. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. 300/- and in default to undergo simple imprisonment for 7 days. The leakage is creating nuisance & causing health issue to my family. (Advocate) Act. 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.. 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. 2. You will receive a link and will create a new password via email. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. 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. 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 consumer is to exercise his option. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). (CEO) For the last one year water is leaking from the . Most probably they will not pay. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. Second floor people are very rude and are not taking any actions even after asking so many times. 1. [1] The state of your residence & Alternately the associationis liable to take the responsibility to recover by taking appropriate action against the upper floor owner if the sufferer owner gives a letter to this effect. I do not know what the State Commission will do. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. 5. 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. Get expert legal advice from multiple lawyers within a few hours, Liability if there is water leakage from upper floor, LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. The Final Decree Court has noticed the leakage of water into the premises of the respondent No.1 herein as well as the leakage of water from the su According to him, the respondent should have gone to the Civil Court to redress his grievance. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. Act. (NA) They signed an agreement. Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. You must login or register to add a new answer. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit the same to the Society as well as to the flat resident below your flat through Advocate for your safe side. 9. (2 Points) District Consumer Forum has accepted the figure disclosed by the Court Commissioner. Leakage was also noticed from the doors and windows. 5. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. (Advocate) 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. 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. The revision application is accordingly allowed and the petitioner is acquitted of all the charges. CA CMA CS Ram Pavan Kumar Melam Patil did not do anything 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. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. Act and sentenced the petitioner to pay fine of Rs. 5. - Dont worry , you will get relief in your favour. Terms* But in general I can say that you are in an unenviable position. Construction work is not carried out as per specification and standard. After that we did repair in our bathroom at its roof. 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. On going through the records, we find the assessing authority has given a clear cut finding that the granted 50,000/- on account of leakage due to which the paint of two rooms as well as work of POP was deteriorated and also for damage of Solar Water Heater the interest @ 18% per annum on the amofrom date of leakage of water tank of till payment with cost and litigation expenses as assessed by the Ld. 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. It is the builder who did not take proper care. 1965 S.C. 1486. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. This admitted but it is averred that he is in occupation of upper portion. (6975 Points) 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. 4. Consequently, the decision is of no assistance to the Municipal Corporation. In such a situation you will have to try your own resourcefulness. 06 February 2015. How to send property partition legal notice. [2] The status of your redidence, whether a tenant or an owner. - 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 . Click here to Login / Register, 5 Days Practical Workshop on ITR U (Updated Return), India's largest network for finance professionals, 2009(1) Bom.C.R.(Cri.) 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. District Consumer Forum has awarded compensation of Rs.20,000/- for physical and mental harassment and thus awarded Rs.1,50,000/- to the complainant with interest @ 12% p.a. kindly advise us the right procedure and the source to approach to get issue resolve. Is mine water is leaking for the expenses for the convenience whether a tenant or an owner 2006 Jogdand! 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