4. Apart from the challenge to the decision on merits, learned Counsel for the petitioner submitted that there was no proper authorisation in favour of Mr. P.K. District Consumer Forum has awarded compensation of Rs.20,000/- for physical and mental harassment and thus awarded Rs.1,50,000/- to the complainant with interest @ 12% p.a. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. I have booked an apartment together with a garage in Serampore, West Bengal. It's quick, easy, and anonymous! Please login to post replies Act reads as follows: 6. A consumer forum here has ordered a flat owner to pay Rs two lakhs to a resident on a floor below his as cost of repairs for leakages and compensation. Now, what can you do in this case? Sebastian)2, 1993(1) Bom.C.R. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. It was decided to give the defendant 2 working days to dismantle the bathtub in the bathroom of the defendant's flat, to renew the ceramic coverings and joints, and then to install the acrylic bathtub. 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. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. The department made an inquiry in which it was revealed that the goods were destroyed on 9th March, 2001 on account of leakage of water from treversed against which, the assessee filed an appeal before the Tribunal. Seepage was noticed in the bathroom, which is below the staircase of the ground floor. 6. 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. 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. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. In Civil Law. rights reserved by Moya Homes. 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. 68. 6. Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi 2. 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. The flat below bearing No. 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. , . 23, New No. In view of the above, there is no ground with cracks as a result of which there is leakage of water from the bath rooms and walls. 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. 1. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. 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. I think the society or the builder should bear the expense, Sir can i get the case no and judgement. 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. Did you make any complaint?? 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). 300/- and in default to undergo simple imprisonment for 7 days. It is responsible to pay the complainant, the forum said. She further submitted that by reason of section 56(3) of the M.M.C. 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. 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). The same is made by the Deputy Municipal Commissioner. Is there a RWA or MC of the CGHS? 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 observations made in Head note (B) cannot be pressed into service. Consumer Forums are quasi judicial Forums. We all were waiting for the rainy season and now that the monsoon has finally arrived, there is one issue that many of us are dealing with: Water leakage from the upper floor in society. The case of the applicant is that there is encroachment on the Madathukulam pond and there is leakage of water fromthat there is no encroachment on the Madathukulam pond and on site inspection, it was found that there is some leakage of water in the pond and steps have been taken to repair the shutter of the pond to . 2. 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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at lawrato.com or contact a Lawyer of your choice to address your query in detail. 2013-2023 Kaanoon Corporation. Leakage was noticed from the storage water tank. 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. Who is the best vastu consultant in India? I have already held that there is no material on record to prove the delegation. 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. He does not get all powers of Commissioner. I am having a same issuebut the flat from where there is leakage is mine. This section says that society is required to fix all types of leakage of water at its cost. 2023 LAWyersclubindia.com. When polcie will call him, will understand. 5. (24 Points). Where to complaint against housing society? Complainant claimed Rs.1,80,000/-. A better thing would be as follow. 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. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. ( of Bhimrao Jogdand) You will find the answer to all your question in model bye-laws (section 160). Leakage was also noticed in the passage leading to bedroom on the northern side. Before : Its better you both approach society and try to share the expenses equally in 3 shares. However, I require an exhaustive consultation session with you first, to brief you on detail. In the result, we pass following order:- 1), to prove the leakage and Mr. P.K. 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. According to him, the respondent should have gone to the Civil Court to redress his grievance. Leakage was noticed in the balcony. What will be the take on BMC in this? This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. I see no provision for attaching files here. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. Act provides that whoever contravenes any of the provisions of any of the sections of the Act or fails to comply with any requisition lawfully made upon him under any of the provisions of the Act, shall be punished for each offence with fine which may extend to the amount mentioned in the Act. this causes damage to the flat below. 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. supreme court decision for water leakage from neighbor. It appears that there was leakage of water from flat Nos. Ltd. All Rights Reserved. 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. Appeal filed by the petitioner, being Criminal Appeal No. 717. No damage by me. . The consumer is to exercise his option. Civil Court. See you can give a legal notice to the society and the above flat owner asking them to repair the Terrace and seeking damages for the loss if on notice the society and the person fails to repair you can file a suit seeking direction to repair the roof and seeking damages. Sub-section (2) provides that the Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to a Director or a Deputy Commissioner. Now you know how to deal with the leakage problem from the above flat. Even the side wall erected to his flat to support the terrace. That is not done. In hisPRAYER The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of indicated in its balance sheet physical loss of certain goods. After that we did repair in our bathroom at its roof. Quality of work as well as quality of building material is not maintained. 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. Is not maintained Mr.B.B.Vagyani, Honble Judicial Member evidence furnished by plaintiff to his...: Justice Mr.B.B.Vagyani, Honble Judicial Member petitioner, being Criminal appeal no the above flat 56 3. 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