69(a) shall be carried out by the members at their cost. 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. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. Terms* Get expert legal advice from multiple lawyers within a few hours. What action/compensation can be claimed by the flatowner of the flat below . this causes damage to the flat below. Who is responsible? (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. 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. The society and Patil filed independent replies, denying the allegations. kindly advise us the right procedure and the source to approach to get issue resolve. 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. Also what are the possible sections under which case can be registered as along with water seepage, mosquito menace and precious water loss is also a problem, Kishor Mehta The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. (2 Points) (CA) Heard Mr.S.S.Bhalerao-Advocate for the appellant. 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. 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. 10. Please enter your email address. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. By registering, you agree to the Terms of Service and Privacy Policy. 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. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. 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. Cases cited for the legal proposition you have searched for. 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. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. They have gone on appeal to the State Commission. 4. Sir can i get the case no and judgement. You may sue him for: - punishment (mostly for public nuisance). - As per law, the upper floor owner is responsible for repairing the water leakage . 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. Ltd. All Rights Reserved. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Explain him that you need not pay anything to him. A better thing would be as follow. 9 situated on the second floor of the building is in occupation of Mr. Pandit. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. 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. 08 September 2018, Kishor Mehta Advocates appeared : In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. 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. 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. Desarkar, Assistant Engineer (P.W. Did you make any complaint?? In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. 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. Versus Anshul Goel 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. Shastri, for petitioner. In my view, the prosecution has failed to prove that Mr. P.K. Leakage was noticed in the balcony. 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. You have no other option it seems. Replied 25 February 2011. Ld.Advocate Mr.Bhalerao also placed his reliance on the decision of Honble Bombay High Court in the case of Khurshed Banoo W/o.Murtaza Hasan (deceased by LRs) V/s. Aggrieved petitioner is in revision. (CEO) I see no provision for attaching files here. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. [1] The state of your residence & -160 () 158 . Most probably they will not pay. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? Since O.Ps did not rectify the leakage of water from the plot no.304 of 1st O.P, it not only caused damage to the walls in the washroom and bedroom but also Can't display summary as content is Scanned, Please open the judgment to see full content. repairing the leakage of Cauvery Joint Water Scheme Pipeline located adjacent to Arulmigu Meenakshi Sundareswarar Temple, Pattamangalam, Sivagangai District, on the basis of the representation submitted by, there is no leakage of water, thereby affecting the petitioner's temple. It is the builder who did not take proper care. We do not agree with Learned Advocate Mr.Bhalerao. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. Mrs. M.M. Act reads as follows: For the last one year water is leaking from the . 5. This section says that society is required to fix all types of leakage of water at its cost. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. The observations made in Head note (B) cannot be pressed into service. Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. 4. 2. It also observed that despite notices, the society made no attempt to stop the work in Patils flat and neither did it complain to civic authorities. a tort committed by the occupant of the flat above you. Concerned flat holders is a unclear term and a source of dispute. Hence prosecution without valid notice from Commissioner was not proper. 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. For general terrace and leakages from external sources the Society is responsible to get these repaired, however for the internal leakages in the flats, the respective flat owners have to share the expenses. 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). 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. Building and construction very much falls within the purview of Consumer Protection Act, 1986. It appears that there was leakage of water from flat Nos. It may be noted that under sub-section (1), a Deputy Commissioner does not merely, by virtue of his appointment as a Deputy Commissioner, get all the powers of the Commissioner. Once again my good wishes to the author of this post. Desarkar cannot be regarded as delegation under section 68 of the M.M.C. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . 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. He is to perform all such acts which Commissioner deputes him to do from time to time. 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. I'm prepared to handle your case as your counsel (Advocate). The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. 23, New No. supreme court decision for water leakage from neighbor. 11 and 12 causing dampness in the roof and walls of flat No. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. 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. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. 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. Its quick, easy, and anonymous! 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. There was some water leakage problem from the flat that was above our flat. Consumer Forums are quasi judicial Forums. 3. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. Appeal filed by the petitioner, being Criminal Appeal No. Since when there is water leakage? In Civil Law. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. 1. B.G. Be the first one to comment. Functions of Commissioner, the Director and a Deputy Commissioner.- (1) The Commissioner, the Director or a Deputy Commissioner or an additional Deputy Commissioner so appointed 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: In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. 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. 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. Be the first one to comment. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. 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. 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. 7. 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. Present : Mr.S.S.Bhalerao-Advocate for the appellant. 1. 08 February 2015, Amit Karkera Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. In a similar case in Mumbai the lower floor member went to the consumer court. 2. Lost your password? 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. Revision allowed and petitioner acquitted. The Final Decree Court has noticed the leakage of water into the premises of the respondent No.1 herein as well as the leakage of water from the su 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. 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. Give the names of the upper floor member and the Society/Association as opposite parties. 13. What will the Society do now? The Bye Laws of housing societies governing internal matters of housing societies have not taken care of this issue all that seriously which compels the members to go to courts, a situation does not augur well for peaceful community living in housing societies. In every such society residence of one flat out of every four flats faces this problem with no solution. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. 1. I am having a same issuebut the flat from where there is leakage is mine. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. 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. 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