P.N. 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. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Its better you both approach society and try to share the expenses equally in 3 shares. Learned Counsel for the Municipal Corporation invited my attention to a decision of the Supreme Court in (Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari)1, 1965 DGLS (soft) 26 : A.I.R. - 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. 1. Liability if there is water leakage from upper floor. Give the names of the upper floor member and the Society/Association as opposite parties. Present : Mr.S.S.Bhalerao-Advocate for the appellant. All rights reserved. Matter pertains to the construction. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. [2] The status of your redidence, whether a tenant or an owner. 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. K.Bala Tripura P.VENKATA RAMAN MURTHY S/O GOVINDA RAJU v. SABBI NAGESWARA RAO S/O LATE PENTAYYA, B.M Ganapathy v. The Proprietor (Supreme Tile works). Act to issue the notice. 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. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. 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. Misc. Other solutions for solving internal flat leakage problem: File police complaint. 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. After his death in 1961, the tenancy devolved on his widow who took in a boarder. Once again my good wishes to the author of this post. The society and Patil filed independent replies, denying the allegations. [1] The state of your residence & Consequently, the decision is of no assistance to the Municipal Corporation. The issue before me is not whether the power could be delegated by the Commissioner to the Deputy Commissioner, but is whether there is any material on record to show that the powers were in fact delegated by the Commissioner to the Deputy Commissioner. 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. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. 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 petitioner is an occupier of flats bearing Nos. Desarkar was authorised to issue notice under section 381 of the M.M.C. 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. (v) Water Storage Tanks, (ix) Terrance and parapet walls (x) Structural repairs of roofs of all flats, (xiv) All leakage of due to rainwater, and leakage due to external Common pipeline and drainage line. 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. However, there was no leakage. 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. Get expert legal advice from multiple lawyers within a few hours. please expose on this issue what legal action should be taken against this. 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. 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. Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. Hi, I stay in a co-operative housing society. They signed an agreement. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. Dr. MPS RAMANI Ph.D.[Tech.] Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. Sir can i get the case no and judgement. 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. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). What are the reviews of Prestige High Fields, Hyderabad? 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. If the civil works guy certifies (ie give his opinion in writing) that your troubles cannot be resolved unless repairs are carried out in the terrace flat above, then you can think of legal action. I have not made any repairs to my flat since i bought it 8 yrs back. What action did you take to stop it?? Act authorises the Commissioner to delegate any of his powers, duties and functions to any Municipal Officer by a general or special order made from time to time. 11 and 12 causing dampness in the roof and walls of flat No. Rate of interest awarded by the District Consumer Forum is on the higher side. The chain of authorities in case of grievances and complaints are [1] The Managing Committee of the Society, [2] The building department of the local Municipal Corporation, [3] The Consumer griecances fora & [4] The Hon. .2,000/-( ) (.28,900 + 19,456) .48,356/- . The forum held the society guilty of deficiency in service because neither did it take any action against the flat owner who caused the damage nor did it make any attempt to recover costs from him. The observations made in Head note (B) cannot be pressed into service. In a similar case in Mumbai the lower floor member went to the consumer court. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. IndianCitizen 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. 06 February 2015. 1965 S.C. 1486. He had taken with him Shri Pawar to assist him and to take measurement. Act. 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. Book Best Packers & Movers with Best Price, Free Cancellation, Dedicated Move Manager, Get Rental Agreement With Doorstep Delivery, Super Quick & Easy. Then you can go to court to claim the amount. Please answer all the questions asked. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. No damage by me. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. 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. 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)? 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. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. **** ANIL KSHETARPAL, J. In Civil Law. Nanalal Doshi 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. Good Luck. Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. 3. 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. The strict law with regard to pleadings is not applicable. 09 September 2018. My bathroom's was stinking and its roof's paint and pop was getting 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. You have no other option it seems. Lost your password? Construction work is not carried out as per specification and standard. 15. Seepage was noticed in the bathroom, which is below the staircase of the ground floor. ", Get the legal help & representation from over 10,000 lawyers across 700 cities in India, Post your question for free and get response from experienced lawyers within 48 hours, Contact and get legal assistance from our lawyer network for your specific matter, Apply for Free Legal AidA Pro-bono initiative of LawRato in association with NALSA, Connect with top Property lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. 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. 2. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. 5. 1. The Deputy Commissioner has no power to perform any act, duty or function of the Commissioner which has not been delegated to him by the Commissioner under sub-section (1) of section 56. Bombay Municipal Corporation Act, 1888, Secs. 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. a. Plumbing work was done towater is being wasted. Learned Advocate Mr.Bhalerao then submitted that the District Consumer Forum should not have relied upon the report of Court Commissioner, when his request for cross examination was rejected. Municipal Corporation of Greater Mumbai Vs. P.V. application no.344/2008 has become infructuous and stands disposed of accordingly. 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. You will have to bring expert witnesses to prove your point. The Bye Laws Model 2009 has a Bye Law No 160 which provides a list of repair jobs the housing society is to pay out of its funds. Vaidya i/b. 3) it is society responsibility to repair the terrace as it forms part of common area. 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. 0.2976, Hindu law,Father evicted me from all his property, Query regarding name transfer of property, Dispute with land boundaries due to mistake in directions, Property owner is not signing agreement after receiving payment, how to get building completetion & occupancy certificate, Can a Gift Deed be challenged in India? 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. After finishing the work, you demand the amount from the upper floor member and the Society. Section 68 of the M.M.C. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. 1. I have booked an apartment together with a garage in Serampore, West Bengal. How to send property partition legal notice. 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. Vasant S. Naik Petitioner. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. Act. V/s. Section 381 of the M.M.C. I've not carried out any repairs/alterations/modifications and the leakage started automatically. 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. However, I require an exhaustive consultation session with you first, to brief you on detail. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. 1 Leakage was noticed in the balcony. In this agreement, they mentioned Parking for one car. 717. Judicial Member President, SUSHMITA KALVANKAR I am having a same issuebut the flat from where there is leakage is mine. 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. 7. Forum. A/104, Krishna Apt, Amrut Nagar, Mumbra, Thane - 400612) There is constant leakage problem from the upper floor flat because of illegal Washroom they have constructed due to which my whole flat ceiling, household items and Building Structure is getting affected, buckets and pots had to be kept to collect the dripping in the Kitchen. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). You call qualified engineers, ask them to diagnose the fault, give an estimate and also whether the co-operation of the upper floor member will be necessary for the repairs. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. Thus, leakage of water from the system is the main grievance of the complainant. Leakage was noticed from the storage water tank. ", Get the legal help & representation from over 10,000 lawyers across 700 cities in India, Post your question for free and get response from experienced lawyers within 48 hours, Contact and get legal assistance from our lawyer network for your specific matter, Apply for Free Legal AidA Pro-bono initiative of LawRato in association with NALSA, 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. Some of the RWAs the owners agree to bear the cost to 50-50 for the convenience West Bengal the the. Status of your residence & Consequently, the tenancy devolved on his widow who took in boarder! Into service his widow who took in a boarder water leakage from floor. Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030.. Appellant/org.O.P interest awarded by the District Forum! 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