Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). In every such society residence of one flat out of every four flats faces this problem with no solution. 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 so view. (a) Deleted After finishing the work, you demand the amount from the upper floor member and the Society. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. Judicial Member President, SUSHMITA KALVANKAR - Property Gift Deed Rules, Sons and Daughters Rights in Father's Property, Illegal Possession of Immovable Property/Land, Transfer of Property to Legal Heir after Death, Grandson's Right in Grandfather's Property, Property Document Verification in Bangalore, Ancestral Property Partition and Family Rights. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. What action did you take to stop it?? Who is Responsible to Get Leakage Repair in Society Flats. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. Forum. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. 10. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. 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. Leakage was noticed from the storage water tank. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. 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. 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. 2. Municipal Corporation of Greater Mumbai Vs. P.V. 10. 2. (Job) 1. The owner of above flat wants us to contribute for 50% of his expenditure. The Complainant member carried out the repairs and claimed the amount from the Society. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. 9. 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)? Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. Whom to complain to? CA CMA CS Ram Pavan Kumar Melam Family person took 10 Lakhs amount in 2013 and cheated while signing. Aggrieved petitioner is in revision. We, therefore, modify the rate of interest from 12% to 7% p.a. 717. 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. 1. 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. application no.1683/2007 for stay stands disposed of. The observations made in Head note (B) cannot be pressed into service. 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: Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. Act to issue the notice. This repair work shall be carried out immediately and without any delay, if not already carried out.4. 6. After that we did repair in our bathroom at its roof. Get legal answers from lawyers in 1 hour. I am very conservative with my water usage in my bathroom, still there is a leakage. They maintained that the court order was to the Managing Committee members. (21 Points) Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. 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. District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. Advocates appeared : The Chamber decided to unanimously uphold the court decision. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. Act. 1491 of 1999), decided on 18-3-2008. This court first expressed its reluctance to extend the economic loss doctrine to construction defect cases in Oak Grove Investors v. Bell Gossett Co., 99 Nev. 616, 617, 668 P.2d 1075, 1077 (1983). 5. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. 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. 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. When polcie will call him, will understand. I will clear all your queries in this answer. I am leaving on first floor in my building. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. Please let me know what action can I take against them. I am very conservative with my water usage in my bathroom, still there is a leakage. It is also material to note that in presence of both the parties, the commission work was carried out. Is it a DDA flat or society flat in Rohini? 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 the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. (24 Points). 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. You may sue him for: - punishment (mostly for public nuisance). - Dont worry , you will get relief in your favour. She further submitted that by reason of section 56(3) of the M.M.C. We did some treatment and applied anti-leakage solution at roof and walls. 11. 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. 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. Revision allowed and petitioner acquitted. How to send property partition legal notice. You will receive a link and will create a new password via email. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Most probably they will not pay. The strict law with regard to pleadings is not applicable. 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. 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. Get expert legal advice from multiple lawyers within a few hours. 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. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. Dr. MPS RAMANI Ph.D.[Tech.] 3) it is society responsibility to repair the terrace as it forms part of common area. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. Act. Even gallons of water loss is happening due to leaking pipes of second floor every day. We had spend 3500Rs on that. If the member or the society still does not act, then there are several district court orders (Vile Parle district court order on Prashant Trivedi v/s Bansi CHS, as reported by DNA newspaper on 22/1/2011) also in such matters of internal flat leakage. Sir, Once again my good wishes to the author of this post. In order to sustain the conviction for breach of section 471 of the M.M.C. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. 4. The leakage is increasing with water droplet falling and causing damage to my flats ceiling . The flat below bearing No. Please answer all the questions asked. Dr. MPS RAMANI Ph.D.[Tech.] Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. In the result, we pass following order:- - You should first serve him with a legal notice through an advocate asking him to repair/rectify the cause of water leakage in your flat. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. FIRST APPEAL NO.1249 OF 2007 Date of filing : 05/10/2007, IN CONSUMER COMPLAINT NO.77/2007 Date of order : 25/03/2009, DISTRICT CONSUMER FORUM, PUNE @ MISC. 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.. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. What about instances where a flat owner leaves his water supply taps open and locks the flat. 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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. 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. Dear Sir, 09 September 2018. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. There was some water leakage problem from the flat that was above our flat. Karnik D.G., J. 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. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. 8. All 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. Act. 11 and 12 into flat No. please expose on this issue what legal action should be taken against this. Cover the repair costs to avoid any further and permanent damages repair work shall be carried out immediately and any. May go to for legal activity power of taking eviction proceedings was a quasi judicial and... 21 Points ) Admittedly, the court decision CMA CS Ram Pavan Kumar Melam person! 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