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Edwing Jeyakumar v. District Collector. (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. In lieu of above order in appeal, misc. 9 situated on the second floor of the building is in occupation of Mr. Pandit. 7. Revision allowed and petitioner acquitted. 1. (21 Points) This is all about the supreme court judgement on water leakage from upper floor flat. (Advocate) He had taken with him Shri Pawar to assist him and to take measurement. 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. Per Justice Mr.B.B.Vagyani, Honble President. Vasant S. Naik Petitioner. 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. 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. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. Since when there is water leakage? Leakage was noticed from the storage water tank. Family person took 10 Lakhs amount in 2013 and cheated while signing. (2) Provided that - Desarkar was authorised to issue notice under section 381 of the M.M.C. Now you know how to deal with the leakage problem from the above flat. Advocates appeared : However, there was no leakage. 3. 244 of 1999, (Converted from Criminal Writ Petition No. 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. 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. 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Send a legal notice, review a legal document, etc. Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi 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. What will the Society do now? Act and sentenced the petitioner to pay fine of Rs. 2. Act. Get Expert Legal Advice on Phone right now. Mr.N.M.Shinde-Advocate for the respondent. 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. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! But legally speaking the upper floor owner has to bear the complete costs towards this. After continous requests, the owner of above flat did repairs. (Paras 5, 7, 10 & 15) 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. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. Commissioner v. N.P. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. (Executive - Materials) It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. v. Smt. Lost your password? Hence prosecution without valid notice from Commissioner was not proper. Isn't the cost to be equally be shared by both parties? Appeal is partly allowed. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. The side walls in the hall also gets dampened apart from the toilet ceiling. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. 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). The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. Since O.Ps did not rectify the leakage of water from the plot no.304 of 1st O.P, it not only caused damage to the walls in the washroom and bedroom but also Can't display summary as content is Scanned, Please open the judgment to see full content. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. rights reserved by Moya Homes. In order to sustain the conviction for breach of section 471 of the M.M.C. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? With a copy to Patil and sought reimbursement of the repair costs. Sebastian, 1993(1) Bom.C.R. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. In this agreement, they mentioned Parking for one car. Your experience on this site will be improved by allowing cookies. supreme court decision for water leakage from neighbor. See if both society and said person is not ready to listen then in that case it is better to give notice and proceed with the suit. Dr J C Vashista Mr.N.M.Shinde-Advocate for the respondent. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. The case can get further complicated. Moreover, objection was raised to the report of Court Commissioner. Municipal Corporation of Greater Mumbai Vs. P.V. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. this causes damage to the flat below. 4. Even gallons of water loss is happening due to leaking pipes of second floor every day. The facts of the said case are quite different. The leakage is creating nuisance & causing health issue to my family. .2,000/-( ) (.28,900 + 19,456) .48,356/- . (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat, 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages, 3) it is society responsibility to repair the terrace as it forms part of common area, 4) also seek litigation costs and compensation for mental torture under gone by you. -160 () 158 . [1] The state of your residence & Quality of work as well as quality of building material is not maintained. (2 Points) 157 Mr. Abhishek Bhateja, Advocate for respondent No.8. Consumer has exercised his option in favour of District Consumer Forum. Mrs. Aliya I. Pathan, for respondent No. The leakage is creating nuisance & causing health issue to my family. She submitted that the powers were delegated to Mr. P.K. 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). Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. 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. 2. 5. IN THE HIGH COURT OF KARNATAKA AT BENGALURU 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.. That appears to have been an undisputed position. The flat below bearing No. Even the side wall erected to his flat to support the terrace. 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. P.N. 1965 S.C. 1486. 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)? Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. 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. 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. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. Undoubtedly, by section 68 of the M.M.C. In the circumstances, that decision is also of no assistance to the respondent. 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. Revision application allowed. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Act. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. The whole thing can take ages. After finishing the work, you demand the amount from the upper floor member and the Society. 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. Nanalal Doshi Hi, I stay in a co-operative housing society. application no.1683/2007 for stay stands disposed of. 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. Tremendous water leakage is happening from second floor due to which my both bathroom walls are leaking and now leakage has reached to my bedroom as well. Matter pertains to the construction. 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. 5 Days LIVE GST Certification Course with CA Sachin Jain. Good Luck. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. 1. What about instances where a flat owner leaves his water supply taps open and locks the flat. I am very conservative with my water usage in my bathroom, still there is a leakage. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. (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). APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. 09 September 2018. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. Act. 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. All rights reserved. (Job) (Scientist/Engineer) 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. The latter called a General Body meeting and asked the Society members to contribute their share. Plumbing work was done towater is being wasted. 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. Its clause (a)(xiv) reads all leakages of water, including leakage due to rain water and leakages due to external common pipe line and drainage lines on the face of it this is the view taken by the forum resulting in deficiency in service. It appears that there was leakage of water from flat Nos. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. (CA) about 75% of the money was paid by me. 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