06 February 2015. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. 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). (3) All acts and things performed and done by the Director or a Deputy Commissioner and an additional Deputy Commissioner during his tenure of the said office and in virtue thereof, shall for all purposes be deemed to have been performed and done by the Commissioner. 244 of 1999, (Converted from Criminal Writ Petition No. I have not made any repairs to my flat since i bought it 8 yrs back. After his death in 1961, the tenancy devolved on his widow who took in a boarder. From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. Leakage is also noticed to the sink of the kitchen platform. 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. Act provides that the Commissioner may, by a notice in writing, to require the person by whose act, a nuisance arises, exists or continues or likely to arise and the owner, lessee and occupier of the land, building or premises on which the nuisance arises, exists or continues or is likely to arise or anyone or more of such person, owner, lessee or occupier, to remove, discontinue or abate the nuisance by taking such measures and by executing such work in such manner and in such period of time as the Commissioner shall prescribe in such notice. 1. 5. Leakage was also noticed from the doors and windows. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. 7. It is the builder who did not take proper care. 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. Click here to Login / Register. 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. 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. What about instances where a flat owner leaves his water supply taps open and locks the flat. 11. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. My bathroom's was stinking and its roof's paint and pop was getting out. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. 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. Mr.N.M.Shinde-Advocate for the respondent. She submitted that the powers were delegated to Mr. P.K. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. It is also material to note that in presence of both the parties, the commission work was carried out. Quality of work as well as quality of building material is not maintained. Dear Sir, Judicial Member President, SUSHMITA KALVANKAR Present : Mr.S.S.Bhalerao-Advocate for the appellant. Mrs. M.M. 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. Let us grow stronger by mutual exchange of knowledge. Absolving the flat owner on upper floor, 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. 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. R/o. I do not know what the State Commission will do. 11 and 12 into flat No. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. 1965 S.C. 1486. Section 68 of the M.M.C. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. Jogdand finally sent registered notices to both in 2009, but got no response. There is no doubt that since the complainant was a member of the society, he was its consumer and the society was a service provider. While so, from the last few months, there is a leakage either sides from the water tank and the same was informed to the opposite parties by complainant over phone and he also made number ofinstalled the same. Case in hand is simple one and can be settled on the basis of affidavits. Leakage was also noticed from the eastern, northern, southern and western walls. The appellants had not acceded to the request of the respondent. about 75% of the money was paid by me. You will receive a link and will create a new password via email. 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. (CA) Ltd. All Rights Reserved. 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. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. We did some treatment and applied anti-leakage solution at roof and walls. 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). Item O in A-Z list of repair jobs also practically identical viz : Leakages of water including leakages due to rain water and leakages due to external common pipe line and drainage line Act. Act, all acts and things performed and done by a Deputy Municipal Commissioner during the tenure of his office are deemed to have been performed by the Commissioner. I will clear all your queries in this answer. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. We, therefore, modify the rate of interest from 12% to 7% p.a. Civil Court. Dr. MPS RAMANI Ph.D.[Tech.] Other solutions for solving internal flat leakage problem: File police complaint. The petitioner did not adduce any evidence in defence. 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. 1. Cases referred : For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. Complain to police for creating nuisance and mischief. 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. 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. I am leaving on first floor in my building. The Chamber decided to unanimously uphold the court decision. Court Commissioner is a competent person. The Complainant member carried out the repairs and claimed the amount from the Society. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. 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. Who is Responsible to Get Leakage Repair in Society Flats. Act. Act. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. (55 Points) 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). Dr J C Vashista Advocates appeared : Professional courses for GST, Accounts, Tally etc, https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Supply of online content of books and printed book, Sales of agriculture transaction show compulsory, 26QB TDS FILLED BUT CHALLAN NOT GENERATED, Cost Centre opening balance in Tally prime, Treatmet of remaing balance in TDS legder after ge. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. I've not carried out any repairs/alterations/modifications and the leakage started automatically. He had taken with him Shri Pawar to assist him and to take measurement. The decision of the consumer court was funny. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. a. 3. Kishor Mehta. The consumer is to exercise his option. I am having a same issuebut the flat from where there is leakage is mine. You will find the answer to all your question in model bye-laws (section 160). 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 latter called a General Body meeting and asked the Society members to contribute their share. Is there a RWA or MC of the CGHS? I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Awaiting your response. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. The revision application is accordingly allowed and the petitioner is acquitted of all the charges. Plumbing work was done towater is being wasted. They maintained that the court order was to the Managing Committee members. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. B.G. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. ( of Bhimrao Jogdand) 5. 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. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! 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. Get Expert Legal Advice on Phone right now. 06 February 2015, Anshul Goel Consequently, the decision is of no assistance to the Municipal Corporation. Dr. MPS RAMANI Ph.D.[Tech.] Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. (2 Points) Appeal is partly allowed. - As per law, the upper floor owner is responsible for repairing the water leakage . 7. Whom to complain to? Construction work is not carried out as per specification and standard. - One copy of the same should also serve to the Society managing Commitee as well. Repair of leakages from bathroom. Sub-section (3) only means that the acts done by the Deputy Commissioner or an additional Deputy Commissioner in respect of powers delegated to him shall be deemed to be acts of the Commissioner. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. - 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. Get legal answers from lawyers. Thus, leakage of water from the system is the main grievance of the complainant. 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. Stop the leakage started automatically report to the upper floor member and do the repairs yourselves floor in. 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NADIMINTI SIVARAMA KRISHNAYYA v. TRINADHA...
