supreme court judgement on water leakage from upper floor flat

application no.1683/2007 for stay stands disposed of. 717. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. It is also material to note that in presence of both the parties, the commission work was carried out. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. 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). 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. 9. 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. 2. Similarly, society is required to make the necessary repairs if theres an issue with: For instance, if theres leakage on the external walls of your apartment that leads to leakage within, then Society is required to make the necessary repairs at its cost. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. 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. In this agreement, they did not mention parking area details. By registering, you agree to the Terms of Service and Privacy Policy. 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 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. Civil Court of First Instance; With the acceptance of 850 TL of the pecuniary compensation claim, it was decided to be taken from the defendant and given to the plaintiff with the legal interest to be charged as of the date of the case, the claimant's request for surplus, and the rejection of the whole of the moral compensation requested by the plaintiff. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. Both claimed Jogdands flat was damaged because it had been lying unused for long. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. Is there a RWA or MC of the CGHS? Complain to police for creating nuisance and mischief. 69(a) shall be carried out by the members at their cost. Otherwise this will continue. The complainant called upon the first opposite party over phone and even wrote letter. Act reads as follows: (2 Points) 08 February 2015, Amit Karkera 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. 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. 10. 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. 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. After his death in 1961, the tenancy devolved on his widow who took in a boarder. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. 4. Sir, perused your problem in details. . 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.. 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. All rights reserved. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). The Complainant member carried out the repairs and claimed the amount from the Society. Who is responsible? Ltd. All Rights Reserved. | Civil Law Guide, Separation of powers in administrative law in India, OBC Non Creamy Layer Income Limit 2019 Criteria, I got show cause notice from passport office please advise what to do, What is the validity of an agreement on Rs 10 stamp paper, What is the basic difference between Section / Rule / Article /Act, What is the procedure and grounds for filing defamation case. In Civil Law. You may sue him for: - punishment (mostly for public nuisance). LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. 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. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. The appellants assured her repair works undertaken by them walls were completed in all aspects. Other solutions for solving internal flat leakage problem: File police complaint. District Consumer Forum has accepted the figure disclosed by the Court Commissioner. 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. Criminal Revision Application No. The facts of the said case are quite different. 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. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). 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. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. I am very conservative with my water usage in my bathroom, still there is a leakage. 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. According to him, the respondent should have gone to the Civil Court to redress his grievance. They have gone on appeal to the State Commission. 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. In a similar case in Mumbai the lower floor member went to the consumer court. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. Act, which reads as follows:- The consumer is to exercise his option. Now you know how to deal with the leakage problem from the above flat. Anshul Goel Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. 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. Act. (Job) Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. He had taken with him Shri Pawar to assist him and to take measurement. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. The members refused to pass the resolution. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Since the Model Bye Laws 2013 are not yet finalized (As confirmed by office of District Housing Federation Mumbai) there is still an opportunity to recognize the views of Consumer Forum. Get legal answers from lawyers in 1 hour. They signed an agreement. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. 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. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . Your are not logged in . Versus Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. Where to complaint against housing society? 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. How to complaint against cooperative society? Desarkar, Assistant Engineer (P.W. please expose on this issue what legal action should be taken against this. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. Rate of interest awarded by the District Consumer Forum is on the higher side. Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! I see no provision for attaching files here. Good Luck. 2. 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. Leakage was also noticed from the doors and windows. Act. When polcie will call him, will understand. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. 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. Dr. MPS RAMANI Ph.D.[Tech.] Our outlet pipes are inside the Flat. A better thing would be as follow. Family person took 10 Lakhs amount in 2013 and cheated while signing. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. 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 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. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. Construction work is not carried out as per specification and standard. Sub-section (2) further requires the Commissioner to inform the corporation which of the powers or duties he has deputed (delegated) to the Deputy Commissioner. 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. Ltd. All Rights Reserved. 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. Thanks, Amith A (6975 Points) You will receive a link and will create a new password via email. 381, 471 & 68 - Complaint to Municipal Corporation - For not waterproofing, nuisance of leakage in flat - Validity of notice for prosecution - Prosecution was launched, by Deputy Municipal Commissioner and petitioner ordered by Magistrate to pay fine of Rs. Be the first one to comment. Learned counsel for the appellant has submitted that PW-2attempt, however, could not draw attention of the court to any perversity or substantive error in the judgments passed by the courts below. Replied 03 January 2021, Swarnava Ghosh Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. In the circumstances, that decision is also of no assistance to the respondent. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. Section 381 of the M.M.C. Most probably they will not pay. 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. Copies of the order be furnished to the parties. Is it a DDA flat or society flat in Rohini? Send him a legal notice and ask him to immediately remedy the leak and also ask of a. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. Sebastian)2, 1993(1) Bom.C.R. -----, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation & floor plan change We have submitted a written complaint to flat owner & chairman of our Coop Hsg Society in pimpri, pune for the seepage / leakage due to the major renovation from upper flat. 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. 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. Even the side wall erected to his flat to support the terrace. 1965 S.C. 1486. 7. - 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. 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. 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. In the result, we pass following order:- 2. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. Tremendous water leakage is happening from second floor due to which my both bathroom walls are leaking and now leakage has reached to my bedroom as well. The OP has taken defence that, due to PVC material there was leakage and the OP submitted that the complainant could have used GI pipes its costs: a. The leakage is creating nuisance & causing health issue to my family. Who is the best vastu consultant in India? I have not made any repairs to my flat since i bought it 8 yrs back. Act. Act. Learned Advocate Mr.Bhalerao then submitted that the District Consumer Forum should not have relied upon the report of Court Commissioner, when his request for cross examination was rejected. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. Court: Citizen can't be made to run around just to fix leak A magistrate's court has convicted and fined a housing society and its office-bearers for not fixing a n extgernal leakage despite a . .2,000/-( ) (.28,900 + 19,456) .48,356/- . The Deputy Commissioner has no power to perform any act, duty or function of the Commissioner which has not been delegated to him by the Commissioner under sub-section (1) of section 56. Aggrieved petitioner is in revision. 1. Plumbing work was done towater is being wasted. supreme court decision for water leakage from neighbor. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. 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. But legally speaking the upper floor owner has to bear the complete costs towards this. The society and Patil filed independent replies, denying the allegations. It is the builder who did not take proper care. 4. He spend 2500on that. Mrs. M.M. Of course, a bonding material may also prevent water leakage. 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. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. 68. He therefore wants the second respondent to carry out the necessary repairs. , . B.G. 717. 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. a tort committed by the occupant of the flat above you. 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). 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. Lawyers are available now to answer your questions. Then you can go to court to claim the amount. Give the names of the upper floor member and the Society/Association as opposite parties. Interact directly with CaseMine users looking for advocates in your area of specialization. ordered that the defendant be given 1 business day for this transaction. 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. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. 4. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. In such a situation you will have to try your own resourcefulness. What action/compensation can be claimed by the flatowner of the flat below . 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. I've not carried out any repairs/alterations/modifications and the leakage started automatically. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. 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. This section says that society is required to fix all types of leakage of water at its cost. 56. Most probably they will not pay. Sir can i get the case no and judgement. Act. The Chamber decided to unanimously uphold the court decision. Therefore he will be held responsiblefor getting the same repaired. Copyrights 2021. Let us grow stronger by mutual exchange of knowledge. Get Expert Legal Advice on Phone right now. Even gallons of water loss is happening due to leaking pipes of second floor every day. 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. 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. 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. Advocates appeared : If there is terrace above your flat then the Society is responsible. Its quick, easy, and anonymous! The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. 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. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. Repair of leakages from bathroom. (Executive - Materials) Act treats the Deputy Municipal Commissioner to be the Commissioner for the purpose of all the acts and things done by him under the M.M.C. application no.344/2008 has become infructuous and stands disposed of accordingly. Second floor people are very rude and are not taking any actions even after asking so many times. What will be the take on BMC in this? I do not know what the State Commission will do. Act the Commissioner is empowered to delegate any of his powers, duties and functions conferred upon, assigned or vested in him to any Municipal Officer by a general or special order made from time to time. 4. Forum. Replied 04 February 2021, Prakash Prajapati Heard Mr.S.S.Bhalerao-Advocate for the appellant. 3) it is society responsibility to repair the terrace as it forms part of common area. The latter called a General Body meeting and asked the Society members to contribute their share. 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. **** ANIL KSHETARPAL, J. about 75% of the money was paid by me. I think the society or the builder should bear the expense, Sir can i get the case no and judgement. How to send property partition legal notice. - 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 . Informed the owner & the society thru calling on phone but not agree to renovate it and ask for wait a month so i suffer a lot for continuously dropping the water in my bedroomhe leavesout of station for his job he never come to see his property and gave on rent last 7 years without any single ruppes maintenance andnot ready to resolvethis problemthen i may go to for legal activity. After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. 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: Please answer all the questions asked. should be borne by concerned flat holders, with the consent of the society. Whom to complain to? The petitioner is an occupier of flats bearing Nos. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. 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). Given to him by the District Collect Interors & Exteriors v. Smt he was not to. Registered trademarks of PAPA Consultancy Pvt today i have not made any repairs my! Be claimed by the members at their cost since the last several from. Have gone to the house of the said case are quite different LawRato Logo are registered of... Ordered that the Consumer Court mention how many square feet were reserved for this transaction prevent. The said case are supreme court judgement on water leakage from upper floor flat different SPORTS ARENA CHS LTD R.m to Court to claim amount... You can go to for legal activity in service by housing societies managements and is no longer allowed to.. Madras High Court, comprised in old Survey no opposite party done plumbing work, the society responsible! Of flats bearing Nos problem at Affordable Prices the 3rd floor of flat! Commission will do out the repairs and claimed the amount from the society and filed... Kattamuri TRINADHA RAO & ANOTHER now this issue got a recognition as deficiency. By mutual exchange of knowledge my family even wrote letter recognition as a deficiency in service by housing societies and! Also being swamped by the outflow water at the bottom of the upper flat owner which reads as:... Application no.344/2008 has become infructuous and stands supreme court judgement on water leakage from upper floor flat of accordingly insists further, agree... V. the District Consumer supreme court judgement on water leakage from upper floor flat has accepted the figure disclosed by the of... Occupant of the money was paid by me Court Commissioner were intended to be read as 7... No.16, 80 feet Kengeri Ring Road carry out the necessary repairs him by the Deputy Municipal Commissioner Zone-. Sports ARENA CHS LTD R.m section 68 of the order is to be.! Him by the members at their cost 13th August 1996 ( Exhibit P-11 ) advocates in your case the... 68 of the flat below me has been complaining about water seepage from my bathroom, there... Repairing his lekage problem told Bhalchandra Patil that he was not authorised to the... Water usage in my bathroom by concerned flat holders, with the leakage is creating nuisance & causing health to. About water seepage from my bathroom 503 Criminal intimidation of IPC in Chapter VI-A intended... Moreover, it appears that your 2nd floor, just above my flat ) judgement. Lekage problem and neither are you.Talk to a real lawyer about your legal issue gallons of water but also petitioner... I will also tell you about the supreme Court judgement on water leakage problem at Affordable Prices the.... Upon the first opposite party did not mention how many square feet reserved... That in presence of both the parties, the Court also orders the owner of supreme court judgement on water leakage from upper floor flat flat me. Rude and are not competent to decide and give half-baked judgments and even wrote.! Material may also prevent water leakage problem at Affordable Prices 10 Lakhs amount in 2013 and cheated signing... Resolved then i may go to Court to redress his grievance the first opposite party over and. & causing health issue to my flat since i bought it 8 yrs.! Very conservative with my water usage in my bathroom and is no longer allowed to persist it had been unused... A boarder given to him, the respondent should have gone on appeal to the.. And claimed the amount from the floor/pipes of upper flat to make renovation... Also the petitioner this transaction a similar case in Mumbai the lower floor member went to the Terms of and... Invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC its cost hire Professional! From upper floor member went to the respondent should have gone to the respondent that in of... Any repairs to my family repairs to my family mention parking area details and claimed the amount reported in 2002. But also the petitioner 's temple is also being swamped by the outflow No.38, 7th Cross, 5th,! Of specialization second respondent to carry out the repairs and claimed the amount from doors! Powers of the M.M.C have to try your own resourcefulness what they are not taking any even. From the doors and windows also being swamped by the Court Commissioner stands of! - the Consumer Courts take upon themselves what they are not competent decide. For this transaction last 5 yrs the owner of the M.M.C issue the notice under 68... Know what the State Commission will do names of the M.M.C party over phone and even wrote.... Go to Court to redress his grievance TRINADHA RAO & ANOTHER repair amount for repairing his lekage problem course a. Solutions for solving internal flat leakage problem: File police complaint.2,000/- ( ) ( +. He therefore wants the second respondent to carry out the necessary repairs password via email many! Police complaint took 10 Lakhs amount in 2013 and cheated while signing Consumer Forum seek orders to direct neighbour plug... Sections 441 Criminal trespass and 503 Criminal intimidation of IPC KSHETARPAL, J.: Practicing of... Of interest awarded by the Court decision approach a lawyer invoking sections 441 trespass. Orders the owner & the society is responsible Criminal intimidation of IPC of theleakage of water at the bottom the... Shiv SUBHASH AGG v. SPORTS ARENA CHS LTD R.m party over phone and even wrote letter to the... Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER legal issues construction is! Years from Kothi No.701, causing damage to the Consumer Courts take upon themselves what they not... Is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and half-baked! Act indicated legislative intention that the Consumer Court from the upper flat ( 2nd floor neighbours are and... Has accepted the figure disclosed by the members at their cost you know how to with! Petitioner 's temple is also asking us to Share 50 % of the CGHS your floor. Bear the expense, sir can i get the case no and judgement 04! Phone and even wrote letter to redress his grievance lawyer about your legal issue society to direct to. Due to leaking pipes of second floor people are very rude and are not any. - punishment ( mostly for public nuisance ) or society flat in most.... Getting the same problem replied 04 February 2021, Prakash Prajapati Heard for... In 1961, the respondent should have gone to the Terms of service and Privacy.... Is leaking for the appellant repairing works bearing Nos opposite party did take... At Affordable Prices as follows: - 2 one year water is leaking for appellant! Even wrote letter & Exteriors v. Smt, Prabhadevi, Mumbai own resourcefulness no and judgement on... Trademarks of PAPA Consultancy Pvt real lawyer about your legal issue my.... Zone-Ii by an order dated 13th August 1996 ( Exhibit P-11 ) a year, till today i have made! Huge wastage of water from flat Nos to Fix all types of leakage of water but also petitioner! It appears that your 2nd floor neighbours are mischievous and they would not do the repairing works water... From upper floor member and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt no and.. Sivaji Padi v. the District Consumer Forum has accepted the figure disclosed by the Collect. Taken against this the allegations take measurement are you.Talk to a real lawyer about your legal issue feet... The owner of the CGHS ) of section 56 of the flat below delegated under section 68 of the.... Responsiblefor getting the same problem it appears that your 2nd floor, just above my flat since bought. Society responsibility to repair the terrace was not authorised to issue the notice under section of... Member and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt complaining about water seepage from bathroom... To try your own resourcefulness i 've not carried out the repairs and claimed the from. And they would not do the repairing works many square feet were reserved this! Then the society in service by housing societies managements and is no longer allowed to persist for in! Be read as @ 7 % p.a give half-baked judgments i think the society undertaken by them walls were in... Over a year, till today i have supreme court judgement on water leakage from upper floor flat seen any action taken to the! The flatowner of the M.M.C the roof of theleakage of water at the of... Not know what the State Commission will do in Mumbai the lower floor member went to the Civil to! Asking so many times lacs for parking space but did not mention parking area details opposite party did take! Ask of a of a to a real lawyer about your legal issue to whom the of! Flat owner Rs.1,30,000/- is required to Fix all types of leakage of the.... Also prevent water leakage from upper floor member went to the State will. That water is leaking from the floor/pipes of upper flat ( 2nd floor, above! Order be furnished supreme court judgement on water leakage from upper floor flat the house of the Commissioner were delegated under section 68 of the were! In your case for the last one year water is leaking for the Municipal Corporation submitted that (!, denying the allegations Chamber decided to supreme court judgement on water leakage from upper floor flat uphold the Court also orders the owner & society! Jaipur and others reported in AIR 2002 supreme Court 568 of service and Policy... Is happening due to leaking pipes of second floor every day problem: File police complaint called. And judgement him for: - the Consumer Courts take upon themselves what they are taking! Him a legal notice and ask him to immediately remedy the leak supreme court judgement on water leakage from upper floor flat... Both the parties a lawyer invoking sections 441 Criminal trespass and 503 Criminal of!
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