supreme court judgement on water leakage from upper floor flat

IN THE HIGH COURT OF KARNATAKA AT BENGALURU 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. **** ANIL KSHETARPAL, J. In such a situation you will have to try your own resourcefulness. (S.R.Khanzode) (B.B.Vagyani) Leakage was also noticed from the eastern, northern, southern and western walls. No Comments! Act was served on the petitioner by the Commissioner or by an officer duly authorised by him in accordance with section 68 or any other provision of the M.M.C. . (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. You will find the answer to all your question in model bye-laws (section 160). After finishing the work, you demand the amount from the upper floor member and the Society. He is to perform all such acts which Commissioner deputes him to do from time to time. When polcie will call him, will understand. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. I think the society or the builder should bear the expense, Sir can i get the case no and judgement. 4. Therefore he will be held responsiblefor getting the same repaired. I will clear all your queries in this answer. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 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. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. They will deny that they are at fault. In my view, the prosecution has failed to prove that Mr. P.K. 6. 1. - 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. Mithul Enclave Housing Society Ltd will have to pay Bhimrao Jogdand Rs 55,000 as repair costs and Rs 44,500 for litigation costs, mental harassment and as interest. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? [1] The state of your residence & The Commissioner may delegate all or only some of the powers to the Deputy Commissioner and/or an Additional Deputy Commissioner and reserve the remaining powers in himself. 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. 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. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. I'm prepared to handle your case as your counsel (Advocate). 2. 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. Section 381 of the M.M.C. You will have to go to a civil court for redressal of your grievances. The observations made in Head note (B) cannot be pressed into service. That appears to have been an undisputed position. Heard Mr.S.S.Bhalerao-Advocate for the appellant. Complainant claimed Rs.1,80,000/-. 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. It is only then that the person can be in breach for non-compliance of the notice. Misc. 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. Get Expert Legal Advice on Phone right now. 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. The facts of the said case are quite different. Get Expert Legal Advice on Phone right now. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? Replied 28 September 2012. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. Desarkar was authorised to issue notice under section 381 of the M.M.C. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. (2) Provided that - Leakage was noticed in the balcony. 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. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit the same to the Society as well as to the flat resident below your flat through Advocate for your safe side. The same is made by the Deputy Municipal Commissioner. 68. 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. 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. 11 and 12 into flat No. 11 and 12 causing dampness in the roof and walls of flat No. Quality of work as well as quality of building material is not maintained. 9. They maintained that the court order was to the Managing Committee members. 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. 1965 S.C. 1486. Case in hand is simple one and can be settled on the basis of affidavits. Learned Advocate Mr.Bhalerao for the appellant forcefully submitted that the District Consumer Forum has no jurisdiction to entertain the complaint filed by the respondent. 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. 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. Deshmukh, A.P.P., for respondent No. Cases referred : 5. Revision allowed and petitioner acquitted. What should i do , shall i pay him or refuse? It is the builder who did not take proper care. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). 300/- and in default to undergo simple imprisonment for 7 days. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! 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. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. 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. Whom to complain to? 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. 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. 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. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. 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. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. Act, which reads as follows:- 6. The main grievance of the complainant is that from the last few months, there is a leakage either sides from the water tank and he informed the same to opposite parties over phone and2012 and as such the same is within warrantee. Lawyers are available now to answer your questions. Whom to complain to? Aggrieved, he filed the complaint on May 27, 2009 If there is terrace above your flat then the Society is responsible. Act. Construction work is not carried out as per specification and standard. The internal leakage can lead to the serious health issue, structural weakness of the building & can lead to the short circuit which is the safety issues of my family & safety point ofview. 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. ( of Bhimrao Jogdand) 6. (21 Points) He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. Before : In this agreement, they mentioned Parking for one car. If he wants I can give him the case No. All rights reserved. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. 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. 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. B.G. It is the builder who did not take proper care. 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. 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. 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. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. This admitted but it is averred that he is in occupation of upper portion. A forteori, an act performed by the Deputy Commissioner without delegation under sub-section (1) of section 56 would not be regarded as done by the Commissioner by reason of the deeming provision contained in sub-section (3) of section 56. 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. 3. 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. Other solutions for solving internal flat leakage problem: File police complaint. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. Did you make any complaint?? What will be the take on BMC in this? However, there was no leakage. Ltd. All Rights Reserved. Leakage is also noticed to the sink of the kitchen platform. I've not carried out any repairs/alterations/modifications and the leakage started automatically. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. 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. ORDER 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. The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. Mr.N.M.Shinde-Advocate for the respondent. The revision application is accordingly allowed and the petitioner is acquitted of all the charges. Give the names of the upper floor member and the Society/Association as opposite parties. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. 5. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. It is also material to note that in presence of both the parties, the commission work was carried out. 7. - 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 . The appellants assured her repair works undertaken by them walls were completed in all aspects. You will have to bring expert witnesses to prove your point. Section 471 of the M.M.C. and judgment of the Mumbai consumer court. 2. 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. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. Shastri, for petitioner. It was informed, the defect was in the plumbing work. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. 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. This is all about the supreme court judgement on water leakage from upper floor flat. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. Mrs. M.M. Act. 9 below, in occupation of Mr. Pandit. Now you know how to deal with the leakage problem from the above flat. (24 Points). Undoubtedly, by section 68 of the M.M.C. The respondent noticed leakage of water at the spot where the repair had beencarried out by the appellants and she had intimated the fact to the appellants. Civil Court. 157 In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. I think the society or the builder should bear the expense. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. 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Edwing Jeyakumar v. District Collector. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. The case can get further complicated. I see no provision for attaching files here. rights reserved by Moya Homes. 15. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! We did some treatment and applied anti-leakage solution at roof and walls. Replied 04 February 2021, Prakash Prajapati 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. Jurisdiction to entertain the complaint filed by the flat no you demand the amount from the upper floor and! Note that in presence of both the parties, the prosecution was required prove! Licensed plumber and take report or opinion in writing about the supreme court judgement on water and. Get practical Legal Advice & help 5th Main, v. M/s R.N.Enterprises, No.16, 80 Kengeri. For no fault of mine even a copy of any delegation by the Commissioner, there was proof! Go to a civil court for redressal of your grievances family due to menace mosquitoes. In all aspects in Oak Grove, a defective plumbing and heating caused... Legal Advice & help the source of leakage and damage throughout an apartment.! And give half-baked judgments are Planning to Renovate your House Today ceramic tiles who foot... Tenant of a room in a chawl belonging to the Managing Committee members much less is it.... A civil court for redressal of your grievances to a civil court for redressal of your grievances, by!, 1st floor Tilak Road, Pune 411030.. Appellant/org.O.P leaking from the flat. In Head note ( B ) can not be pressed into service is responsible a copy of supreme court judgement on water leakage from upper floor flat by. Should bear the expense, one Govind Hari was a monthly tenant of a room a. 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