Its quick, easy, and anonymous! I have not made any repairs to my flat since i bought it 8 yrs back. The owner of above flat wants us to contribute for 50% of his expenditure. owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. The leakage is creating nuisance & causing health issue to my family. 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) Provided that - & anr. Our outlet pipes are inside the Flat. [1] The state of your residence & Present : Mr.S.S.Bhalerao-Advocate for the appellant. Since when there is water leakage? They have gone on appeal to the State Commission. (Scientist/Engineer) Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. 2. Hi, I stay in a co-operative housing society. I think the society or the builder should bear the expense. The decision of the consumer court was funny. 1. In lieu of above order in appeal, misc. Where to complaint against housing society? 1491 of 1999), decided on 18-3-2008. Act and, therefore, the delegation by the Deputy Municipal Commissioner would be deemed to be delegation by the Commissioner within the meaning of 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. 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. Act. (2 Points) Kishor Mehta. Subsequent even therefore on which reliance has been placed by opposite party isSection 21 of U.P Act XIII of 1972 even after finding that need of petitioner was genuine and bonafide because on comparative hardship the prescribed authority has only observed that the installed solar water heater to his residential house, it had worked well for seven months. 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. I've not carried out any repairs/alterations/modifications and the leakage started automatically. As of right, request for cross examination in the very matter cannot be made and entertained. 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). - 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 . Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . (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. Now you know how to deal with the leakage problem from the above flat. Leakage was also noticed from the doors and windows. Leakage was noticed from the storage water tank. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. Thanks, Amith A (NA) 1. 381, 471 & 68 - Complaint to Municipal Corporation - For not waterproofing, nuisance of leakage in flat - Validity of notice for prosecution - Prosecution was launched, by Deputy Municipal Commissioner and petitioner ordered by Magistrate to pay fine of Rs. In such circumstances, you can obtain an order from the competent court to force your neighbour to carry on such repairing works. 4. Be the first one to comment. Mrs. M.M. Get expert legal advice from multiple lawyers within a few hours. Consequently, the decision is of no assistance to the Municipal Corporation. 1965 S.C. 1486. . Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. kindly advise us the right procedure and the source to approach to get issue resolve a. Mr. Abhishek Bhateja, Advocate for respondent No.8. If the upper floor co-operation is required . 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. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. If there is terrace above your flat then the Society is responsible. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. - 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. 2013-2023 Kaanoon Corporation. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. 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. 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. The side walls in the hall also gets dampened apart from the toilet ceiling. The Complainant member carried out the repairs and claimed the amount from the Society. The prosecution examined Mr. Pawar, Junior Engineer (P.W. 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. This repair work shall be carried out immediately and without any delay, if not already carried out.4. Therefore he will be held responsiblefor getting the same repaired. 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. You have to file a suit against the flat owner and society for repair of terrace and compensation For damage caused to kitchen and bedroom due to leakage of roof. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. 06 February 2015. Thanks and regards. Quality of work as well as quality of building material is not maintained. 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. But legally speaking the upper floor owner has to bear the complete costs towards this. [2] The status of your redidence, whether a tenant or an owner. It was informed, the defect was in the plumbing work. 2023 LAWyersclubindia.com. Concerned flat holders is a unclear term and a source of dispute. (Advocate) It appears that there was leakage of water from flat Nos. Complainant claimed Rs.1,80,000/-. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. No Comments! Explain him that you need not pay anything to him. 68. 9. Also what are the possible sections under which case can be registered as along with water seepage, mosquito menace and precious water loss is also a problem, Kishor Mehta and judgment of the Mumbai consumer court. However the O.P promised and convinced the complainant that he will rectify the said defects before entering intoand when there was rain fall) due to leakage of water from bathroom etc., and some household articles also spoiled. Whom to complain to? Ltd. All Rights Reserved. please expose on this issue what legal action should be taken against this. (CA) In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. -160 () 158 . Court: Citizen can't be made to run around just to fix leak A magistrate's court has convicted and fined a housing society and its office-bearers for not fixing a n extgernal leakage despite a . You will have to bring expert witnesses to prove your point. 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. Replied 25 February 2011. 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. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). 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. Act. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. Desarkar was authorised to issue notice under section 381 of the M.M.C. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. ordered that the defendant be given 1 business day for this transaction. Desarkar, Assistant Engineer, G-South Ward was legal and valid notice - that is to say whether Mr. Desarkar was authorised to issue the said notice? Plumbing work was done towater is being wasted. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. 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. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. Case in hand is simple one and can be settled on the basis of affidavits. 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. The flat below bearing No. 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. Appellant could have tendered the questionnaire to the Court Commissioner. Book Best Packers & Movers with Best Price, Free Cancellation, Dedicated Move Manager, Get Rental Agreement With Doorstep Delivery, Super Quick & Easy. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. Good Luck. 717. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. 5. 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. 1965 S.C. 1486. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. That is not done. 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. 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. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Whose responsibility will it be to get the repairs done, the cooperative housing society or me? At the time of Hud Hud Tuffan and also recently when there was rainfall, there was leakage either in the form of paper or shade with the help of stapler. In the circumstances, that decision is also of no assistance to the respondent. 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. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. He spend 2500on that. Nanalal Doshi R.B.POPAT Act. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. When polcie will call him, will understand. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). Dear Sir, 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. 1. 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. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. The first appellate authority held that there was no proof that intimation of leakage of water was given to the police authorities, assessees claim of loss of goods due to leakage of water from chilling plant and water bath of tape plant, is established by intimation to police authorities regarding the incident. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. On failure of the petitioner to respond the M.M.C., through Mr. Uday Mande, Junior Legal Assistant, launched a criminal prosecution of the petitioner for the alleged offence punishable under section 381 read with 471 of the M.M.C. Act, which reads as follows:- 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. 13. Even the side wall erected to his flat to support the terrace. 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. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. 06 February 2015, Anshul Goel Act. In every such society residence of one flat out of every four flats faces this problem with no solution. 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. Be the first one to comment. Fine, if it has been paid, be refunded to the petitioner. Repair of leakages from bathroom. Get Expert Legal Advice on Phone right now. 1. Court Commissioner is a competent person. Replied 03 January 2021, Swarnava Ghosh Finally I had given a letter to the President/Secretary of the Association to sort out the problem.After inspection of my flat by the board members they were very sympathetic including Secretary/President and tried in many ways to sort out the problem but could not solve it till now.As per Association decision we also agreed to pay 50% of the cost but still the Upper Flat owner is not giving entry to their flat for undertaking the repai, Connect with top Civil lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. How to stop water leakage from concrete roof? 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. 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. 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. In this regard (I.A.No.10) under 151 of the Code of Civil Procedure to permit her to undertake repair of the suit property by repairing the northern side staircase compound to lay a water sump due to the leakage by the Final Decree Court on I.A.No.10. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. 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). 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. 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. (S.R.Khanzode) (B.B.Vagyani) 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. (PRACTICING C.A.) 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. They maintained that the court order was to the Managing Committee members. - Dont worry , you will get relief in your favour. HOUSING SOC. 09 September 2018. Copyrights 2021. , 8 , , . 9. Terms* Bhimrao Jogdand alleged that member above his Bhalchandra Patil flat began extensive renovation inside his flat in 2006 resulting in leakages in his flat below. Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. CA CMA CS Ram Pavan Kumar Melam He does not get all powers of 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. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. 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. 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. Matter pertains to the construction. KARNIK D.G., J.: - By this revision application, the petitioner challenges the judgment and Order dated 19th July 1999 passed by the Court of Sessions for Greater Mumbai dismissing Criminal Appeal No. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Please let me know what action can I take against them. 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. In this agreement, they mentioned Parking for one car. Second floor people are very rude and are not taking any actions even after asking so many times. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. about 75% of the money was paid by me. 06 February 2015. Your are not logged in . As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. Act. Our outlet pipes are inside the Flat. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. 9. Recognising housing societies as service providers, a consumer forum has ordered one such housing society in Chembur to cough up an almost Rs 1 lakh in compensation to a member for the damage caused to his flat by renovation in the flat above. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. Complain to police for creating nuisance and mischief. Desarkar cannot be regarded as delegation under section 68 of the M.M.C. (6975 Points) Once again my good wishes to the author of this post. Is there a RWA or MC of the CGHS? I will clear all your queries in this answer. (Advocate) Section 381 of the M.M.C. Undoubtedly, by section 68 of the M.M.C. Please answer all the questions asked. 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You know how to deal with the leakage problem from the upper flat owner of Court Commissioner an! From neighbour flat also noticed from the upper flat owner on record, much less is it proved in!