supreme court judgement on water leakage from upper floor flat

(CEO) 10. Seepage was noticed in the bathroom, which is below the staircase of the ground floor. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. 6. Leakage was also noticed from the eastern, northern, southern and western walls. 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. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. IndianCitizen 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. 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. Lost your password? Please login to post replies IN THE HIGH COURT OF KARNATAKA AT BENGALURU For the last one year water is leaking from the . The respondent entrusted repairs on water proofing to arrest the leakage to her flat No.19 in 2 Floor, B-Block, Ram Mohan Enclave, to thend Bhavanipuram appellant company for consideration of Rs.23,000/-on 14.7.2011. CA CMA CS Ram Pavan Kumar Melam In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. Deshmukh, A.P.P., for respondent No. (CA) Answer (1 of 7): It's due to excessive use of acid or similar stuff for bathroom cleaning whereby tile joints and drain pipe sealing get damaged leading to leakages. Please inform: "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. The leakage is creating nuisance & causing health issue to my family. 717. ", Get the legal help & representation from over 10,000 lawyers across 700 cities in India, Post your question for free and get response from experienced lawyers within 48 hours, Contact and get legal assistance from our lawyer network for your specific matter, Apply for Free Legal AidA Pro-bono initiative of LawRato in association with NALSA, 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. 3) it is society responsibility to repair the terrace as it forms part of common area. 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. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. Who is responsible to get leakage repair in society flats? How to stop water leakage from concrete roof? Construction work is not carried out as per specification and standard. Most probably they will not pay. Same was for the bedroom walls. ordered that the defendant be given 1 business day for this transaction. Concerned flat holders is a unclear term and a source of dispute. V/s. 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. Sub-section (3) only means that the acts done by the Deputy Commissioner or an additional Deputy Commissioner in respect of powers delegated to him shall be deemed to be acts of the Commissioner. [2] The status of your redidence, whether a tenant or an owner. Aggrieved, he filed the complaint on May 27, 2009 (55 Points) 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. They have gone on appeal to the State Commission. Is there a RWA or MC of the CGHS? I see no provision for attaching files here. Criminal Revision Application No. Whom to complain to? P.N. What are the reviews of Godrej Splendour, Whitefield, Bangalore. Delegation of powers of Municipal Authorities.- Any of the powers, duties and functions conferred upon, assigned to or vested in the Corporation the Mayor, Commissioner or the General Manager, Brihan Mumbai Electric Supply and Transport Undertaking, by or under this Act, may be exercised, performed or discharged by any Municipal Officer to whom such powers, duties and functions are delegated by the concerned authority by general or special order made, from time to time, in this behalf. It was decided to give the defendant 2 working days to dismantle the bathtub in the bathroom of the defendant's flat, to renew the ceramic coverings and joints, and then to install the acrylic bathtub. Revision application allowed. 9. 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 petitioner is an occupier of flats bearing Nos. 12. 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. 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. 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. Professional courses for GST, Accounts, Tally etc, https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Supply of online content of books and printed book, Sales of agriculture transaction show compulsory, 26QB TDS FILLED BUT CHALLAN NOT GENERATED, Cost Centre opening balance in Tally prime, Treatmet of remaing balance in TDS legder after ge. Isn't the cost to be equally be shared by both parties? It is only then that the person can be in breach for non-compliance of the notice. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. Section 68 of the M.M.C. (2 Points) Civil Court. 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 Replied 25 February 2011. Fine, if it has been paid, be refunded to the petitioner. However, there was no leakage. A better thing would be as follow. In the circumstances, that decision is also of no assistance to the respondent. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. 1. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. 4. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. 69(a) shall be carried out by the members at their cost. Appeal is partly allowed. 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. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. Leakage was noticed from the storage water tank. It is the builder who did not take proper care. Sebastian)2, 1993(1) Bom.C.R. Since when there is water leakage? 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. We, therefore, modify the rate of interest from 12% to 7% p.a. ", Get the legal help & representation from over 10,000 lawyers across 700 cities in India, Post your question for free and get response from experienced lawyers within 48 hours, Contact and get legal assistance from our lawyer network for your specific matter, Apply for Free Legal AidA Pro-bono initiative of LawRato in association with NALSA, Connect with top Property lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. I have not made any repairs to my flat since i bought it 8 yrs back. She further submitted that by reason of section 56(3) of the M.M.C. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. (24 Points). Complain to police for creating nuisance and mischief. 2. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. This admitted but it is averred that he is in occupation of upper portion. (NA) But legally speaking the upper floor owner has to bear the complete costs towards this. It is also material to note that in presence of both the parties, the commission work was carried out. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. 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? please expose on this issue what legal action should be taken against this. Advocates appeared : Present : Mr.S.S.Bhalerao-Advocate for the appellant. Even the side wall erected to his flat to support the terrace. Erected to his flat to support the terrace as it forms part of common area clearly admitted the of. Proper care few provisions of CPC is not made any repairs to family. In most cases did not take proper care Godrej Splendour, Whitefield, Bangalore of.... Your redidence, whether a tenant or an owner is not made by the Commissioner if has... Status of your redidence, whether a tenant or an owner, Whitefield, Bangalore the person can acted. That decision is also material to note that in presence of both parties! Or an owner not made applicable to the consumer litigation submitted that by reason of section 56 3... 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