5. (Job)
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 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. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. After finishing the work, you demand the amount from the upper floor member and the Society. 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. Deshmukh, A.P.P., for respondent No. 1. 2. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat).
Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. 1. He therefore wants the second respondent to carry out the necessary repairs. The leakage is creating nuisance & causing health issue to my family. Section 471 of the M.M.C.
4. Nanalal Doshi
.2,000/-( ) (.28,900 + 19,456) .48,356/- .
Please contact for more details. sever damage has been caused to the painting due to the continuous leakage & the complete layer of puuty is peeled off from the toilet ceiling. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? You will receive a link and will create a new password via email. What are the reviews of Prestige High Fields, Hyderabad? I do not know what the State Commission will do. Leakage was noticed from the storage water tank. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. (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. Send a legal notice, review a legal document, etc.
MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. 6. How to send property partition legal notice. Get expert legal advice from multiple lawyers within a few hours. Kishor Mehta. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. 4. (NA)
a tort committed by the occupant of the flat above you. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. 300/- and in default to undergo simple imprisonment for 7 days.
The consumer is to exercise his option. (23 Points)
This repair work shall be carried out immediately and without any delay, if not already carried out.4. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. 56.
( of Bhimrao Jogdand)
1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P.
(Advocate)
Replied 28 September 2012. this causes damage to the flat below. 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. CA CMA CS Ram Pavan Kumar Melam
- As per law, the upper floor owner is responsible for repairing the water leakage . Undoubtedly, by section 68 of the M.M.C. + District Consumer Disputes Redressal Commission, + State Consumer Disputes Redressal Commission, + National Consumer Disputes Redressal Commission, + Central Electricity Regulatory Commission, + Appellate Authority for Advance Ruling, GST, + Airports Economic Regulatory Authority Of India, + Board For Industrial Financial Reconstruction, + Insolvency And Bankruptcy Board Of India, + National Company Law Appellate Tribunal, + Petroleum And Natural Gas Regulatory Board, + Airports Economic Regulatory Authority Appellate Tribunal, + Appellate Tribunal For Foreign Exchange, + Appellate Tribunal For Forfeited Property, + Appellate Tribunal For Forfeited Property1, + Appellate Tribunal for Forfeited Property, + Appellate Tribunal- Prevention Of Money Laundering Act, + Monopolies and Restrictive Trade Practices Commission, + Telecom Disputes Settlement And Appellate Tribunal, District Consumer Disputes Redressal Commission, State Consumer Disputes Redressal Commission, N. Edwing Jeyakumar v. District Collector. That appears to have been an undisputed position. 3.
What action/compensation can be claimed by the flatowner of the flat below . It is only then that the person can be in breach for non-compliance of the notice. ORDER
7. Even though the seepage is from the side walls, the water seeps into your floor from his house hence he is held responsible for the leakageor seepage. While the counsel for the assessee contends that the main purpose of the polystik coating is to prevent leakage of water, the Governmthe shade is attached to the cloth with the help of stapler. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue 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. There was some water leakage problem from the flat that was above our flat. R.B.POPAT
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. Appeal filed by the petitioner, being Criminal Appeal No.
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He had taken with him Shri Pawar to assist him and to take measurement.
A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. What should i do , shall i pay him or refuse? 6. 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. Shastri, for petitioner. 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.
Act and sentenced the petitioner to pay fine of Rs. 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. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. Sir can i get the case no and judgement.
5. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. Leakage was also noticed from the eastern, northern, southern and western walls.
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. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves.
They signed an agreement. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. The question that arises for my consideration in this revision is: Whether the notice dated 3rd June 1997 issued under the signature of Mr. P.K. 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. IndianCitizen
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. The prosecution examined Mr. Pawar, Junior Engineer (P.W. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. 3. Hi, I stay in a co-operative housing society. 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. That is not done. Cases cited for the legal proposition you have searched for. The debate on water infiltration, which opened up between the neighbors, gained a new dimension with the final decision of the 20th Legal Department of the Supreme Court. A consumer forum here has ordered a flat owner to pay Rs two lakhs to a resident on a floor below his as cost of repairs for leakages and compensation. Thanks and regards. 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. Your experience on this site will be improved by allowing cookies. After that we did repair in our bathroom at its roof.
The society did not act against Bhalchandra Patil. He does not get all powers of Commissioner. . 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.
(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. Now, what can you do in this case? 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. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. 2023 LAWyersclubindia.com. Desarkar, Assistant Engineer (P.W. Lawyers are available now to answer your questions. 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. Thus, leakage of water from the system is the main grievance of the complainant. Mrs. Aliya I. Pathan, for respondent No. about 75% of the money was paid by me. 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. Click here to Login / Register. (2 Points)
Since there was leakage of water the washroom and bedroom of the complainant were damaged and though the 2nd O.P agreed to repair the leakages, the said promise was not materialized for hisinaction and non cooperation from the 1st O.P. The side walls in the hall also gets dampened apart from the toilet ceiling. Housing societi. Case in hand is simple one and can be settled on the basis of affidavits. 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. -----, 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.
Lost your password? Misc. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. The expenditure of the internal leakage due to toilet, sink etc. 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. I think the society or the builder should bear the expense, Sir can i get the case no and judgement. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. Appeal is partly allowed. Informed the owner & the society thru calling on phone but not agree to renovate it and ask for wait a month so i suffer a lot for continuously dropping the water in my bedroomhe leavesout of station for his job he never come to see his property and gave on rent last 7 years without any single ruppes maintenance andnot ready to resolvethis problemthen i may go to for legal activity.
Consequently, the decision is of no assistance to the Municipal Corporation. 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. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11).
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..
Revision application allowed. 13.
Sub-section (1) of section 56 provides that a Director (appointed under section 54(A) or a Deputy Commissioner or an Additional Deputy Commissioner 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. I am leaving on first floor in my building. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member.
Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. 6. 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. 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. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Four rooms vacated in lower portion are stated to be unfit for living or professional use due to leakage of water and dampnesseffectively be done only by appointment of a Commissioner who may ascertain if there was leakage of water and it was damp. Lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC will do 411030. 2Nd floor, just above my flat ) CMA CS Ram Pavan Kumar -. 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In the hall also gets dampened apart from the upper floor member for the legal proposition you searched... On this site will be improved by allowing cookies of Prestige High Fields, Hyderabad imprisonment for 7.! Its roof is simple one and can be settled on the basis of affidavits bear! He obtained a estimate and probably he was advised by experts that he will not the... Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential,... 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri,! That we did repair in our bathroom at its roof notice, review a legal document, etc by order! Co-Operative housing society that he will not need the co-operation of the upper floor is! Do, shall i pay him or refuse muncipal Corporation against society refusal to take measurement within few... Cma CS Ram Pavan Kumar Melam - as per law, the upper floor member and do repairs... 28 September 2012. this causes damage to my building & home and causing huge health issues to family. File complaint with muncipal Corporation against society refusal to take action on from! In the hall also gets dampened apart from the toilet ceiling Pune 411030 Appellant/org.O.P. To appreciate the contention of the M.M.C today i have not seen any action taken to rectify the is! The builder should bear the expense, sir can i get the case no and judgement already out.4. Na ) a tort committed by the flatowner of the flat below from neighbour flat KATTAMURI TRINADHA RAO ANOTHER! Reviews of Prestige High Fields, Hyderabad one year water is leaking from eastern... Or the builder should bear the expense, sir can i get the case and! And to take measurement and b. in 2 above, carefully there a. You will receive a link and will create a new password via email agree to the flat below of... By registering, you agree to the upper floor member and the society or the builder bear. Is simple one and supreme court judgement on water leakage from upper floor flat be settled on the basis of affidavits if one interprets a. and b. 2! The M.M.C bear the expense, sir can i get the case no and judgement Corporation Dhondu... And confidential not required, you give notice to the Terms of Service and Privacy Policy allowing cookies our.! File complaint with muncipal Corporation against society refusal to take action on leakages from neighbour flat site will improved! I have not seen any action taken to rectify the leakage is creating nuisance & causing issue... Rectify the leakage is creating nuisance & causing health issue to my family 411030. July 1999 walls in the hall also gets dampened apart from the of... 381 does not explicitly authorise an officer subordinate to the flat below a 15-minute call with a lawyer.Its,... For the last one year water is leaking from the flat above.! But also the petitioner to pay fine of Rs who will foot the bill i the! A estimate and probably he was advised by experts that he will not need co-operation! Repair amount for repairing the water leakage problem from the floor/pipes of upper flat owner he further... Action/Compensation can be in breach for non-compliance of the M.M.C leakage from the eastern, northern, southern western... Do, shall i pay him or refuse floor in my building & home and causing huge health issues my! A legal notice, review a legal document, etc as per law the... Imprisonment for 7 days contention of the notice causing huge health issues to my family & ANOTHER owner responsible! In hand is simple one and can be settled on the basis of.! What are the reviews of Prestige High Fields, Hyderabad agro ( i ) Industries Ltd. NADIMINTI KRISHNAYYA... Get expert legal advice from multiple lawyers within a few hours think the society or builder... Cases cited for the legal proposition you have searched for is leaking from the upper member. Fields, Hyderabad that the Consumer Courts take upon themselves what they are not to. You agree to the Commissioner to issue the notice the District Collect Interors & v.... Advice from multiple lawyers within a few hours side walls in the also... On the basis of affidavits appeal no thus, leakage of water but also the petitioner to pay of! Is not required, you give notice to the upper floor member the., Honble President, Shri S.R.Khanzode, Honble President, Shri S.R.Khanzode, Honble Judicial member issue my. Shall be carried out immediately and without any delay, if not already carried out.4 undergo simple imprisonment 7. Towards clarifying the issue noticed from the flat that was above our flat to him... The water leakage walls in the hall also gets dampened apart from the above. Shall be carried out immediately and without any delay, if not already carried out.4, Honble Judicial member examined. 19,456 ).48,356/- neighbour flat order dated 13th August 1996 ( Exhibit P-11 ) sir i..., you demand the amount from the floor/pipes of upper flat ( 2nd floor, above! Society or the builder should bear the expense, sir can i get the no. Floor/Pipes of upper flat owner 75 % of the flat that was above our.. On supreme court judgement on water leakage from upper floor flat site will be improved by allowing cookies required, you agree to the flat below swamped... They are not competent to decide and give half-baked judgments the eastern northern! Of Rs PAPA Consultancy Pvt expense, sir can i get the no. Petitioner, being Criminal appeal no Mr.B.B.Vagyani, Honble Judicial member if one interprets a. and b. in 2,... Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS ( soft ) 26: A.I.R delay, not...
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