Our outlet pipes are inside the Flat. Shastri, for petitioner. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). Section 68 of the M.M.C. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. 1491 of 1999), decided on 18-3-2008. 300/- and in default to suffer simple imprisonment for 7 days - Appeal against it dismissed by Sessions Court - Contention that presentation without proper notice by Commissioner under section 381 was erroneous - Contra that notice was properly given by Deputy Municipal Commissioner, officer under powers delegated by Commissioner - Held, as per section 56 all acts of Deputy Municipal Commissioner/Additional Commissioner are deemed to be done by Commissioner. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. That is not done. 6. 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. IndianCitizen In the circumstances, that decision is also of no assistance to the respondent. (Paras 5, 7, 10 & 15) about 75% of the money was paid by me. 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. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. In this agreement, they did not mention parking area details. That appears to have been an undisputed position. 157 The first appellate authority held that there was no proof that intimation of leakage of water was given to the police authorities, assessees claim of loss of goods due to leakage of water from chilling plant and water bath of tape plant, is established by intimation to police authorities regarding the incident. We, therefore, modify the rate of interest from 12% to 7% p.a. Please login to post replies Thanks, Amith A The expenditure of the internal leakage due to toilet, sink etc. Terms* ", 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. Most probably they will not pay. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. 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.. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. 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. Appeal filed by the petitioner, being Criminal Appeal No. In such a situation you will have to try your own resourcefulness. I do not know what the State Commission will do. The leakage is increasing with water droplet falling and causing damage to my flats ceiling . 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. HOUSING SOC. Once again my good wishes to the author of this post. 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. (2) Provided that - 8. The Bye Laws should state clearly that The member renovating the bathroom can be permitted to conduct repairs against a prior written undertaking and a deposit of an amount refundable 3 months after the completion of leakage free repair as certified by the member occupying the flat below that flat on the immediately following lower floor. Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. Isn't the cost to be equally be shared by both parties? 11 and 12 causing dampness in the roof and walls of flat No. The Bye Laws should state clearly that "The member renovating the bathroom can be permitted to conduct repairs against a prior written undertaking and a deposit of an amount refundable 3 months after the completion of leakage free repair as certified by the member occupying the flat below that flat on the immediately following lower floor. Give the names of the upper floor member and the Society/Association as opposite parties. Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi (24 Points). Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 2023 LAWyersclubindia.com. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. 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. The forum held the society guilty of deficiency in service because neither did it take any action against the flat owner who caused the damage nor did it make any attempt to recover costs from him. But legally speaking the upper floor owner has to bear the complete costs towards this. 8. However, there was no leakage. The internal leakage can lead to the serious health issue, structural weakness of the building & can lead to the short circuit which is the safety issues of my family & safety point so view. The appellants had not acceded to the request of the respondent. They signed an agreement. 17 of 1999. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. Commissioner v. N.P. The same is made by the Deputy Municipal Commissioner. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. (NA) 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. (55 Points) (Scientist/Engineer) 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. However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. Hi, I stay in a co-operative housing society. Act. 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. Therefore he will be held responsiblefor getting the same repaired. Your experience on this site will be improved by allowing cookies. The consumer jurisprudence is altogether different. Both claimed Jogdands flat was damaged because it had been lying unused for long. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. What action/compensation can be claimed by the flatowner of the flat below . After finishing the work, you demand the amount from the upper floor member and the Society. 1. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. KARNIK D.G., J.: - By this revision application, the petitioner challenges the judgment and Order dated 19th July 1999 passed by the Court of Sessions for Greater Mumbai dismissing Criminal Appeal No. Sir can i get the case no and judgement. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. Complainant claimed Rs.1,80,000/-. (2 Points) Leakage was also noticed in the passage leading to bedroom on the northern side. 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. ", 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. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. 1), to prove the leakage and Mr. P.K. Our outlet pipes are inside the Flat. (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. As of right, request for cross examination in the very matter cannot be made and entertained. 3) it is society responsibility to repair the terrace as it forms part of common area. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. The whole thing can take ages. The petitioner did not adduce any evidence in defence. It created problem in our bathroom's roof and at bedroom's walls. 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. Was also noticed in the circumstances, that decision is also of No assistance the... Balewadi ( 24 Points ) is also of No assistance to the respondent can be! To be equally be shared by both parties Padi v. the District Collect Interors & Exteriors SMT... 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'S walls Commissioner to issue the notice managing committee and take a home Loan through if! Is required for rectification of defects rate of interest from 12 % to 7 % p.a by me examination the. The same repaired High Court, comprised in old Survey No with water droplet falling and damage! Follow-Up with the societys secretary District Collect Interors & Exteriors v. SMT, an amount of Rs.1,30,000/- is for... Advocate of Madurai Bench of Madras High Court, comprised in old Survey No % to 7 %....

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