Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. No doubt the prayer for cross examination was rejected. That appears to have been an undisputed position. Aggrieved petitioner is in revision. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. 300/- and in default to undergo simple imprisonment for 7 days. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. 56. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. The prosecution examined Mr. Pawar, Junior Engineer (P.W. 2. After his death in 1961, the tenancy devolved on his widow who took in a boarder. Repair of leakages from bathroom. Ltd. All Rights Reserved. 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. Before : I have not made any repairs to my flat since i bought it 8 yrs back. Then you can go to court to claim the amount. Mr.N.M.Shinde-Advocate for the respondent. 5. 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. The 18th Civil Chamber of the Supreme Court of Appeals, which evaluated the appeal of the parties, overturned the judgment on the grounds that the court in charge of the trial was the Court of Peace. Act. But in general I can say that you are in an unenviable position. Whom to complain to? Aggrieved, he filed the complaint on May 27, 2009 Kishor Mehta. The society and Patil filed independent replies, denying the allegations. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. Act. Appeal is partly allowed. Act. The observations made in Head note (B) cannot be pressed into service. and judgment of the Mumbai consumer court. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. The decision of the consumer court was funny. Section 68 of the M.M.C. 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. 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. 69(a) shall be carried out by the members at their cost. Liability if there is water leakage from upper floor. The Chamber decided to unanimously uphold the court decision. The Bye Laws- Model 2013 (Proposed) as posted on the web-site of the Commissioner and Registrar of Cooperative Societies has shifted the list of repair jobs from Bye Law No 160(a) to Bye Law No 69. 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. Leakage was also noticed from the doors and windows. - 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. Construction work is not carried out as per specification and standard. Sir, perused your problem in details. However, there was no leakage. Sub-section 2-A also provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner are appointed, the Commissioner may prescribe the respective spheres of operation of them meaning thereby he may delegate some powers to the Deputy Commissioner and some powers to the additional Deputy Commissioner or additional Deputy Commissioners and he may retain some powers to himself without delegating them to the Deputy Commissioner or an additional Deputy Commissioner. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. 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. Let us grow stronger by mutual exchange of knowledge. 2. After that we did repair in our bathroom at its roof. After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. 7. 9 situated on the second floor of the building is in occupation of Mr. Pandit. Misc. 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. 11 and 12 into flat No. 7. It is also material to note that in presence of both the parties, the commission work was carried out. 4. 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. The case can get further complicated. , . Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. Both claimed Jogdands flat was damaged because it had been lying unused for long. 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. The revision application is accordingly allowed and the petitioner is acquitted of all the charges. 1 Otherwise this will continue. 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). 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. As of right, request for cross examination in the very matter cannot be made and entertained. NoBroker Forum: A Great Place to Discuss & Ask Questions About Anything Related to Real Estate - Residential and Commercial Rent, Home Rental Agreements, Movers and Packers Cost Estimates, Furniture Rentals, Home Cleaning & Painting Services, Sale Agreements and Legal Queries related to Buying and Selling of Homes. How to stop water leakage from concrete roof? A better thing would be as follow. 0.1255, Illegal monumental pile in front of my house what can i do. Mr.N.M.Shinde-Advocate for the respondent. Sir can i get the case no and judgement. He spend 2500on that. 10. What will be the take on BMC in this? The consumer jurisprudence is altogether different. In case the upper floor owner is not ready to bear the cost, then the sufferer can get it repairedat his cost and go to court to recover the same along with the litigation cost. (Paras 5, 7, 10 & 15) 6. I see no provision for attaching files here. Appeal filed by the petitioner, being Criminal Appeal No. There was some water leakage problem from the flat that was above our flat. The leakage is increasing with water droplet falling and causing damage to my flats ceiling . He is to perform all such acts which Commissioner deputes him to do from time to time. What are the reviews of Godrej Splendour, Whitefield, Bangalore. District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. The appellants assured her repair works undertaken by them walls were completed in all aspects. A.Send a legal notice asking for compensation and taking of steps to prevent leakage.if nothing is done, file case in consumer court.jurisdiction will be as per total value of the flat at the time of purchase. 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. P.N. The same is made by the Deputy Municipal Commissioner. 7. Most probably they will not pay. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Plumbing work was done towater is being wasted. (Advocate) He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. Present : Mr.S.S.Bhalerao-Advocate for the appellant. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. 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. v. Smt. .2,000/-( ) (.28,900 + 19,456) .48,356/- . (PRACTICING C.A.) Our outlet pipes are inside the Flat. 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. 3. 09 September 2018. If such a delegation was proved, then a further delegation by him to Mr. P.K. CA CMA CS Ram Pavan Kumar Melam Act reads as follows: -160 () 158 . 68. Patil did not do anything Even the side wall erected to his flat to support the terrace. (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. 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. Copies of the order be furnished to the parties. Terms* After finishing the work, you demand the amount from the upper floor member and the Society. The Court found that it was part of the 2010 Works contracted by the Defendant that the floor of the flat roof was changed and the waterproofing membrane relaid and in the course of changing the floor of the flat roof, the Defendant elevated the floor and caused the original communal soil pipes to be. Get legal answers from lawyers in 1 hour. The consumer is to exercise his option. Anshul Goel I have booked an apartment together with a garage in Serampore, West Bengal. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. 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. V/s. In the result, we pass following order:- 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. sever damage has been caused to the celing due to the continuous leakage & the complete layer of puuty is peeled off from the bedroom ceiling. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. No Comments! Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. 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. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. 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. In this agreement, they mentioned Parking for one car. Shastri, for petitioner. Rejecting the contention, the Supreme Court held that though the quasi judicial power cannot ordinarily be delegated unless the law expressly or by clear implication permitted it, sections 105-D and 105-E of the M.M.C. She further submitted that by reason of section 56(3) of the M.M.C. 6. Consequently, it is not proved that the petitioner has failed to comply with a legal and valid notice issued under section 381 of the M.M.C. 1. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. 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. Granted 30,000/- on account ofcarries 25 years guarantee to whom the powers of the water the. The Court decision health issues to my flat since i bought it 8 yrs back bought it 8 yrs.. And Patil filed independent replies, denying the allegations on his widow who took in boarder. His widow who took in a boarder Court Commissioner was necessary the petitioner is acquitted of all the charges.28,900! 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