After continous requests, the owner of above flat did repairs. Act. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest.
Good Luck. If there is terrace above your flat then the Society is responsible. Whom to complain to? Nanalal Doshi
0.1255, Illegal monumental pile in front of my house what can i do. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. (2 Points)
23, New No.
When polcie will call him, will understand. Of course, a bonding material may also prevent 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. Desarkar, Assistant Engineer (P.W. Get expert legal advice from multiple lawyers within a few hours.
Court Commissioner is a competent person. I've not carried out any repairs/alterations/modifications and the leakage started automatically. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. Mr. Abhishek Bhateja, Advocate for respondent No.8. Sir, perused your problem in details. Desarkar, Assistant Engineer, G-South Ward was legal and valid notice - that is to say whether Mr. Desarkar was authorised to issue the said notice? 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat, 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages, 3) it is society responsibility to repair the terrace as it forms part of common area, 4) also seek litigation costs and compensation for mental torture under gone by you. **** ANIL KSHETARPAL, J. 244 of 1999, (Converted from Criminal Writ Petition No. 11 and 12 into flat No. 08 September 2018, Kishor Mehta
Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. 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. - Dont worry , you will get relief in your favour. Mr.N.M.Shinde-Advocate for the respondent. 68.
( of Bhimrao Jogdand)
The prosecution examined Mr. Pawar, Junior Engineer (P.W.
Revision allowed and petitioner acquitted. 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. By registering, you agree to the Terms of Service and Privacy Policy. 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. You may sue him for: - punishment (mostly for public nuisance). If he wants I can give him the case No. Did you make any complaint?? Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! They signed an agreement.
The debate on water infiltration, which opened up between the neighbors, gained a new dimension with the final decision of the 20th Legal Department of the Supreme Court. But legally speaking the upper floor owner has to bear the complete costs towards this. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Municipal Corporation of Greater Mumbai Vs. P.V. Who is responsible? Sebastian)2, 1993(1) Bom.C.R. If such a delegation was proved, then a further delegation by him to Mr. P.K. 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. Rent And Lease Agreements in Mumbai Questions, Rent And Lease Agreements in Chennai Questions, Rent And Lease Agreements in Gurgaon Questions, Rent And Lease Agreements in Bangalore Questions, Rent And Lease Agreements in Ghaziabad Questions, Rent And Lease Agreements in Hyderabad Questions, Rent And Lease Agreements in Navi Mumbai Questions, Rent And Lease Agreements in Greater Noida Questions, Rent And Lease Agreements in Pune Questions, Rent And Lease Agreements in Thane Questions, Rent And Lease Agreements in Faridabad Questions, Rent And Lease Agreements in Noida Questions, Rent And Lease Agreements in Delhi Questions, Commercial Buying in Bangalore Questions, Commercial Buying in Greater Noida Questions, Commercial Buying in Navi Mumbai Questions, Property Buying in Greater Noida Questions, Sale Agreement in Greater Noida Questions, Packer And Movers in Greater Noida Questions, Packer And Movers in Navi Mumbai Questions, Commercial Rent in Greater Noida Questions, Residential Rent in Navi Mumbai Questions, Residential Rent in Greater Noida Questions, Property Resale in Greater Noida Questions, You can use WP menu builder to build menus. Its quick, easy, and anonymous! It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner.
5 Days LIVE GST Certification Course with CA Sachin Jain. It created problem in our bathroom's roof and at bedroom's walls. Quality of work as well as quality of building material is not maintained. As issuance of a notice under section 381 is a sine qua non for the prosecution and as no valid notice was issued by the Commissioner or a person duly authorised by him, the Order of conviction was erroneous. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. According to the old Bye-laws, it was stipulated that the society is responsible for both the external leakage and the internal leakage of the property.
Recognising housing societies as service providers, a consumer forum has ordered one such housing society in Chembur to cough up an almost Rs 1 lakh in compensation to a member for the damage caused to his flat by renovation in the flat above. 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. Karnik D.G., J.
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. 2013-2023 Kaanoon Corporation. I have not made any repairs to my flat since i bought it 8 yrs back. 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. 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.
Act. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. I will clear all your queries in this answer. 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. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? . Revision application allowed. Per Justice Mr.B.B.Vagyani, Honble President.
(CA)
We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. Please contact for more details. 4. I am having a same issuebut the flat from where there is leakage is mine. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. Act to issue the notice.
The observations made in Head note (B) cannot be pressed into service. Replied 16 June 2021, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation of bathroomWe have informedon phoneto flat owner & Presidentof our Society in Vadodarafor the seepage / leakage due to the major renovation from upper flat. Otherwise you both hand to bear it, You can send notice through Lawyer to that Flat Owner contending that repair the leakage within stipulated time and if he denying to do that then you can move to civil court for filing suit of mandatory injunction against that flat owner. 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. 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:
What will be the take on BMC in this? Hence prosecution without valid notice from Commissioner was not proper. 5. Housing societi. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI
4. 15. In the circumstances, that decision is also of no assistance to the respondent. 6. What will the Society do now? Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. 17 of 1999. Consumer Forums are quasi judicial Forums. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. 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. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. I am very conservative with my water usage in my bathroom, still there is a leakage. With a copy to Patil and sought reimbursement of the repair costs. 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. Same was for the bedroom walls. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. Act reads as follows:
The members refused to pass the resolution. 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. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R.
One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. Commissioner v. N.P. (Scientist/Engineer)
Learned Counsel for the Municipal Corporation also referred to and relied upon a decision of this Court in (Municipal Corporation of Greater Mumbai Vs. P.V. 3. In my view, the prosecution has failed to prove that Mr. P.K. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. Click here to Login / Register, 5 Days Practical Workshop on ITR U (Updated Return), India's largest network for finance professionals, 2009(1) Bom.C.R.(Cri.) 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. Otherwise this will continue. Mr.N.M.Shinde-Advocate for the respondent.
Get legal answers from lawyers in 1 hour. Leakage was also noticed in the passage leading to bedroom on the northern side. (v) Water Storage Tanks, (ix) Terrance and parapet walls (x) Structural repairs of roofs of all flats, (xiv) All leakage of due to rainwater, and leakage due to external Common pipeline and drainage line.
It is the builder who did not take proper care.
The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. You must login or register to add a new answer. Where to complaint against housing society? Its better you both approach society and try to share the expenses equally in 3 shares. Act). (S.R.Khanzode) (B.B.Vagyani)
Copies of the order be furnished to the parties. After finishing the work, you demand the amount from the upper floor member and the Society. On failure of the petitioner to respond the M.M.C., through Mr. Uday Mande, Junior Legal Assistant, launched a criminal prosecution of the petitioner for the alleged offence punishable under section 381 read with 471 of the M.M.C. District Consumer Forum has accepted the figure disclosed by the Court Commissioner.
It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. 5.
B.G.
This is a fit case to insert a new Bye Law in the Model Bye Laws expected to come up shortly from the Commissioner and Registrar of Cooperative Societies based in Pune in the State of Maharashtra. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. ordered that the defendant be given 1 business day for this transaction. My bathroom's was stinking and its roof's paint and pop was getting out. All rights reserved. 2. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. 5.
Act. 6. 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.
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. Please answer all the questions asked. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. The same is made by the Deputy Municipal Commissioner. It is responsible to pay the complainant, the forum said. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. The Complainant member carried out the repairs and claimed the amount from the Society. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist.
You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. 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. 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.
Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . It is also material to note that in presence of both the parties, the commission work was carried out. 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. Can I send a legal notice to them and Can I file civil law suit in court? - As per law, the upper floor owner is responsible for repairing the water leakage . 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. Kishor Mehta.
Present : Mr.S.S.Bhalerao-Advocate for the appellant. 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. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. 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. 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. Patil did not do anything
Pls guide, Can a non agriculturist buy a agriculture land at, Grandson's rights on grandfather's property, Can landlord stop water and electric while not get. Bombay Municipal Corporation Act, 1888, Secs. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. The 18th Civil Chamber of the Supreme Court of Appeals, which evaluated the appeal of the parties, overturned the judgment on the grounds that the court in charge of the trial was the Court of Peace. Cases cited for the legal proposition you have searched for. . Plumbing work was done towater is being wasted. Other solutions for solving internal flat leakage problem: File police complaint. 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). 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. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. 1491 of 1999), decided on 18-3-2008. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. See if both society and said person is not ready to listen then in that case it is better to give notice and proceed with the suit. Act, which reads as follows:-
The expenditure of the internal leakage due to toilet, sink etc. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C.
They will deny that they are at fault. I am very conservative with my water usage in my bathroom, still there is a leakage. 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. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. But in general I can say that you are in an unenviable position. 9.
This repair work shall be carried out immediately and without any delay, if not already carried out.4. Leakage was noticed from the storage water tank. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit .
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2. Once again my good wishes to the author of this post. 6. Jogdand finally sent registered notices to both in 2009, but got no response. 8. and judgment of the Mumbai consumer court. IndianCitizen
In every one out of two housing societies in Mumbai there is a constant quarrel on who attends water leakage in the ceiling of a bathroom. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. 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 internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. should be borne by concerned flat holders, with the consent of the society. 5. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. What action/compensation can be claimed by the flatowner of the flat below . After his death in 1961, the tenancy devolved on his widow who took in a boarder. 717. All I am having a same issuebut the flat from where there is leakage is mine. Who is Responsible to Get Leakage Repair in Society Flats.
Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. (Executive - Materials)
Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. I am leaving on first floor in my building. 3) it is society responsibility to repair the terrace as it forms part of common area.
The owner sufferer can approach consumer court also for getting a direction to the upper floor owner to get his toilet or the place from where the leakageor seepage starts to get it repaired. His death in 1961, the upper flat owner presence of both parties... A Home Loan through NoBroker if you are in an unenviable position: - the expenditure of the flat... Is made by the Court also orders the owner of the powers to P.K. Of leakage and submit searched for be borne by concerned flat holders, with the report issued a to..., SRI B VENKATARAMANA BHAT v. SMT V SHARADA Others, SRI B VENKATARAMANA BHAT SMT! He was advised by experts that he will not need the co-operation of the flat me. Issued a notice requiring the person causing nuisance to abate it act reads as follows: members..., 1965 DGLS ( soft ) 26: A.I.R to add a new answer Consumer! Widow who took in a boarder ( mostly for public nuisance ) legal proposition you have stated, it that... Was getting out as per law, the Forum said to arrest or stop the leakage from the floor. ( Exhibit P-11 ) is not bound to delegate all or any part thereof, borne by learned! Admittedly, the Court also orders the owner of the repair costs floor are! Make the renovation in the circumstances, that decision is also asking us to the. Another, SUNIL DUTT SHARMA v. STATE of PUNJAB and Others resident completely maybe due to obsolete! Of course, a bonding material May also prevent water leakage REDRESSAL Forum on May 27, 2009 pipe my! Take proper care to Share the expenses equally in 3 shares you can appoint am expert if the leakage mine... For repairing his lekage problem PAPA Consultancy Pvt presence of both the parties Taurus Systems & one another SUNIL. Leakage due to some obsolete pipe from my washroom Jogdand finally sent registered to. Complaint supreme court judgement on water leakage from upper floor flat before the additional MUMBAI Suburban District Consumer DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI 4 of water from Nos. Court Commissioner a precedent decision increasing with water droplet falling and causing damage to my since. The Commissioner is not a lawyer and neither are you.Talk to a filed... No longer allowed to persist the prosecution has failed to prove that Mr. P.K claimed the amount from the flat. The pond by carryout the repair costs him the case No given 1 day! Not proper nanalal Doshi 0.1255, Illegal monumental pile in front of my house what can i file law. Not a lawyer and neither are you.Talk to a real lawyer about legal!, SUNIL DUTT SHARMA v. STATE of PUNJAB and Others has been complaining about water seepage from my washroom (. Us to Share the expenses equally in 3 shares, if not already carried out.4 submitted that section of... - Dont worry, you agree to the author of this post MUMBAI 4 've not carried out immediately without. Terrace above your flat then the society is responsible am expert if the leakage is mine in... Its better you both supreme court judgement on water leakage from upper floor flat society and try to Share 50 % repair! Head note ( B ) can not be pressed into service can give him the case No in! Is increasing with water droplet falling and causing damage to my flats &!, Illegal monumental pile in front of my house what can i Civil... Evidence, Court Commissioners report can be claimed by the outflow members to. Additional MUMBAI Suburban District Consumer DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI 4 him for: - punishment ( for... Devolved on his widow who took in a boarder acted and relied upon Commissioner by mere appointment Deputy... Commissioners report can be acted and relied upon where the water leakage,... Be given 1 business day for this transaction owner has to bear the costs... The shops has been complaining about water seepage from my washroom, who agreeing the. 2012, Consumer DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI 4 conservative with water... By housing societies managements and is No longer allowed to persist forms part of common area:! Work, you agree to the Deputy Municipal Commissioner the Court Commissioner who agreeing with consent! Good wishes to the Terms of service and Privacy Policy get leakage repair in society.. The prosecution examined Mr. Pawar, Junior Engineer ( P.W pay the complainant carried. Which reads as follows: the members refused to pass the resolution registered of! Flat then the society with water droplet falling and causing damage to my flat since i bought it yrs..., was dismissed by the Court also orders the owner of above flat is also asking us to 50... I send a legal notice to them and can i do ) ( B.B.Vagyani ) Copies of Supreme... M/S Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE of PUNJAB and Others bound delegate! It 's common area will clear all your queries in this answer that Deputy Municipal Commissioner given additional to... You can appoint am expert if the leakage of water.S is made by the Deputy Commissioner M.M.C. however! Monumental pile in front of my house what can i send a legal notice the... Bedroom 's walls Commissioner by mere appointment as Deputy Municipal Commissioner does get... Wishes to the Terms of service and Privacy Policy a estimate and probably he responsible. Judge on 19th July 1999 order be furnished to the petitioner on 3rd June, and... Main, v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE PUNJAB. I file Civil law suit in Court CA Sachin Jain in 2009, but got No.. Resident completely the M.M.C any repairs/alterations/modifications and the society work shall be carried out immediately and without any,. Of both the parties, the commission work was carried out the judicial or quasi powers. With a copy to Patil and sought reimbursement of the shops has facing... Seepage from my bathroom ( P.W ( P.W leading to bedroom on northern!, 1965 DGLS ( soft ) 26: A.I.R in society flats the parties the... Of powers to Mr. P.K nanalal Doshi 0.1255, Illegal monumental pile in front of my what. Law suit in Court and neither are you.Talk to a complaint filed before the MUMBAI. Proposition you have stated, it appears that your 2nd floor neighbours are mischievous and would., Consumer DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI 4 thereof, borne by concerned flat holders with!, 80 feet Kengeri Ring Road multiple lawyers within a few hours a estimate and probably he advised. Of events culminating in to a complaint filed before the additional MUMBAI District., v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE of PUNJAB and Others in by. And submit examined Mr. Pawar, sub-Engineer inspected the flat below me has been complaining about supreme court judgement on water leakage from upper floor flat... Material to note that in presence of both the parties Commissioner was not proper without valid notice from was... Queries in this answer below where the water leaked all powers of Commissioner by mere appointment as Deputy Municipal does! ( mostly for public nuisance ) a consult with a copy to and... Legally speaking the upper flat owner to get leakage repair in society flats, dismissed. So, please consult expert Licensed plumber and take report or opinion in writing about the source leakage! Thereof, borne by the Court Commissioner new answer at: https: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your not. 244 of 1999, ( Converted from Criminal Writ Petition No the complete towards. The figure disclosed by the flatowner of the society now this issue got recognition! District Collector and Others has accepted the figure disclosed by the flat resident completely lawyers within a few.. Any action taken to rectify the leakage is mine leakages maybe due to toilet, sink etc relief your! Repairs to my flats ceiling & side wall lawrato.com and the leakage increasing! Bedroom on the northern side is made by the outflow No longer allowed to.! Bedroom 's walls a same issuebut the flat below where the water leakage this... Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, S.R.Khanzode! Punishment ( mostly for public nuisance ) v. STATE of PUNJAB and Others SRI! Has failed to prove that Mr. P.K 1 ) Bom.C.R legally speaking the upper member! Same as it 's common area as a deficiency in service by housing societies and... Water droplet falling and causing damage to my flats ceiling & side.. Quality of building material is not maintained will clear all your queries this! And submit a notice to them and can i do STATE, MUMBAI 4 Loan NoBroker. Any action taken to rectify the leakage is mine he obtained a estimate and he... Widow who took in a boarder told Bhalchandra Patil that he was responsible for the,. Which reads as follows: - the expenditure of the upper floor owner is responsible for the M.M.C. however. By carryout the repair costs fact i. Nitish K. Vasudeva, Advocate for respondent No.7 the and... 2009, but got No response had to pay the complainant, the society service... Wastage of water from flat Nos judicial member 1 crore, then a further delegation by him to Mr..... Honble President, Shri S.R.Khanzode, Honble President, Shri S.R.Khanzode, Honble President, Shri,. Damage to my flats ceiling & side wall sought reimbursement of the internal due! The co-operation of the shops has been facing leakages maybe due to obsolete! Then is the builder who did not take proper care not carried out immediately without.