Dr. MPS RAMANI Ph.D.[Tech.] - Dont worry , you will get relief in your favour. Revision allowed and petitioner acquitted. It was informed, the defect was in the plumbing work. The latter called a General Body meeting and asked the Society members to contribute their share. Case in hand is simple one and can be settled on the basis of affidavits. 9. He had taken with him Shri Pawar to assist him and to take measurement. (24 Points). Its better you both approach society and try to share the expenses equally in 3 shares. Quality of work as well as quality of building material is not maintained. 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. 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. 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. (2 Points) As the applicant was not taking remedial action for repairs despite repeated requests by Mr. Pandit, he complained to the Ward Officer / Assistant Commissioner of Mumbai Municipal Corporation. If there is terrace above your flat then the Society is responsible. -160 () 158 . 2. 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. 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. Quality of work as well as quality of building material is not maintained. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. Is there a RWA or MC of the CGHS? (NA) Lawyers are available now to answer your questions. Judicial Member President, SUSHMITA KALVANKAR 1), to prove the leakage and Mr. P.K. If the upper floor co-operation is required . Act was served on the petitioner by the Commissioner or by an officer duly authorised by him in accordance with section 68 or any other provision of the M.M.C. 2023 LAWyersclubindia.com. 717. In the circumstances, that decision is also of no assistance to the respondent. & anr. Give the names of the upper floor member and the Society/Association as opposite parties. R.B.POPAT Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. Dr J C Vashista 08 September 2018, Kishor Mehta application no.344/2008 has become infructuous and stands disposed of accordingly. You will have to go to a civil court for redressal of your grievances. Thanks and regards. How to complaint against cooperative society? Repair of leakages from bathroom. this causes damage to the flat below. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. Inspite of a sum of Rs.15,000/- received from the complainant the O.P did not carefew days, again it started leakage of water from the bath room thereby exposing to bad and smoul smell. Dear Sir, First you will have to ensure as to where is the source of leakage is, if it is in the flat above your flat then certainly you are not responsible. Aggrieved, he filed the complaint on May 27, 2009 (NA) Mrs. Aliya I. Pathan, for respondent No. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. What action/compensation can be claimed by the flatowner of the flat below . Once again my good wishes to the author of this post. 0.2976, Hindu law,Father evicted me from all his property, Query regarding name transfer of property, Dispute with land boundaries due to mistake in directions, Property owner is not signing agreement after receiving payment, how to get building completetion & occupancy certificate, Can a Gift Deed be challenged in India? 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. It is the builder who did not take proper care. 4. Cases cited for the legal proposition you have searched for. 1. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. Complainant claimed Rs.1,80,000/-. Per Justice Mr.B.B.Vagyani, Honble President. 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.. After his death in 1961, the tenancy devolved on his widow who took in a boarder. Aggrieved petitioner is in revision. 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. - 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 . 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 2. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. The decision of the consumer court was funny. Get legal answers from lawyers in 1 hour. 06 February 2015, Anshul Goel Construction work is not carried out as per specification and standard. (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. 5. There was some water leakage problem from the flat that was above our flat. It is also material to note that in presence of both the parties, the commission work was carried out. ", 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. 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. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Leakage was noticed from the storage water tank. In such a situation you will have to try your own resourcefulness. Karnik D.G., J. 2. 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. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. 2. rights reserved by Moya Homes. Rejecting the contention, the Supreme Court held that though the quasi judicial power cannot ordinarily be delegated unless the law expressly or by clear implication permitted it, sections 105-D and 105-E of the M.M.C. 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 The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. The consumer is to exercise his option. 1. The question that arises for my consideration in this revision is: Whether the notice dated 3rd June 1997 issued under the signature of Mr. P.K. In lieu of above order in appeal, misc. 9 below, in occupation of Mr. Pandit. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. .2,000/-( ) (.28,900 + 19,456) .48,356/- . I see no provision for attaching files here. 15. 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. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. The society did not act against Bhalchandra Patil. Fine, if it has been paid, be refunded to the petitioner. She submitted that the powers were delegated to Mr. P.K. kindly advise us the right procedure and the source to approach to get issue resolve The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. 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. Leakage was also noticed in the passage leading to bedroom on the northern side. Copies of the order be furnished to the parties. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. 23, New No. 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. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. 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. Rate of interest awarded by the District Consumer Forum is on the higher side. Mrs. M.M. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. . While the counsel for the assessee contends that the main purpose of the polystik coating is to prevent leakage of water, the Governmthe shade is attached to the cloth with the help of stapler. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. Be the first one to comment. Replied 04 February 2021, Prakash Prajapati When sub-section (3) says that all acts and things performed by the Deputy Commissioner or an additional Deputy Commissioner shall be deemed to have been performed and done by the Commissioner, it obviously means the acts done by the Deputy Commissioner or an additional Deputy Commissioner by virtue of the powers delegated to him under sub-section (1). Is it a DDA flat or society flat in Rohini? ordered that the defendant be given 1 business day for this transaction. It is the builder who did not take proper care. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. Replied 24 July 2020, Hi, I have been resident to a flat in a Co-operative Housing Society and there are commercial shops below my building. In the meantime if the repair was not effective and leakage recurs again who will be responsible? Anshul Goel It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. In a similar case in Mumbai the lower floor member went to the consumer court. Sebastian)2, 1993(1) Bom.C.R. 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. Act. 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. Copyrights 2021. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). Appeal filed by the petitioner, being Criminal Appeal No. You need to approach civil court if you want to dispute the same, issue legal notice to neighbour to repair the terrace, if he fails to do so society has to take action against flat owner, if society fails to do so act as mentioned herein above. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. 1. Sub-section (3) provides that all acts and things performed and done by the Director or the Deputy Commissioner and additional Deputy Commissioner during his tenure of the said office and in virtue thereof shall for all purposes be deemed to have been performed or done by the Commissioner. Both claimed Jogdands flat was damaged because it had been lying unused for long. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. Most probably they will not pay. 7. 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). Can be settled on the basis of affidavits an apartment complex your 2nd floor neighbours are mischievous and they not... Give the names of the Commissioner as the Commissioner shall from time time... Has not produced on record any delegation made by the outflow 19,456 ).48,356/- your favour MC! To Mr. P.K both claimed Jogdands flat was damaged because it had been lying unused for.. The last one year water is leaking from the floor/pipes of upper flat to make the renovation the... Upper flat ( 2nd floor, just above my flat ) was damaged because had... Water is leaking from the floor/pipes of upper flat ( 2nd floor, just above my flat ) P.K! For the last one year water is leaking from the flat below the consumers Mrs. Aliya I.,!, 2009 ( NA ) Mrs. Aliya I. 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