Your are not logged in . 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. 06 February 2015. 717. 1. Its quick, easy, and anonymous! 5. Anshul Goel Moreover, objection was raised to the report of Court Commissioner. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. 15. Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. Copyrights 2021. 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. ", 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. Get Expert Legal Advice on Phone right now. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. (PRACTICING C.A.) Leakage was also noticed from the eastern, northern, southern and western walls. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. No Comments! 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. 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. 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. 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. As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. I will clear all your queries in this answer. The society and Patil filed independent replies, denying the allegations. Who is Responsible to Get Leakage Repair in Society Flats. , .5,000/- .5,000 complaint. Act and sentenced the petitioner to pay fine of Rs. I am very conservative with my water usage in my bathroom, still there is a leakage. The strict law with regard to pleadings is not applicable. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. Let us grow stronger by mutual exchange of knowledge. 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? I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. 2. That appeal was directed against the judgment and Order of the Metropolitan Magistrate, 41st Court, Shindewadi, Dadar, Mumbai dated 12th March 1999 convicting the petitioner accused of an offence punishable under section 381 read with section 471 of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as the M.M.C. 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. - 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. Hi, I stay in a co-operative housing society. 717. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Quality of work as well as quality of building material is not maintained. Rate of interest awarded by the District Consumer Forum is on the higher side. Awaiting your response. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . Dr J C Vashista 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. kindly advise us the right procedure and the source to approach to get issue resolve Please let me know what action can I take against them. ( of Bhimrao Jogdand) 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. Dr. MPS RAMANI Ph.D.[Tech.] All Your experience on this site will be improved by allowing cookies. 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. Revision application allowed. What should i do , shall i pay him or refuse? 1. Its better you both approach society and try to share the expenses equally in 3 shares. application no.344/2008 has become infructuous and stands disposed of accordingly. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI Desarkar cannot be regarded as delegation under section 68 of the M.M.C. Civil Court. No doubt the prayer for cross examination was rejected. Be the first one to comment. Misc. Now, what can you do in this case? Sebastian)2, 1993(1) Bom.C.R. Whom to complain to? 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate Can I send a legal notice to them and Can I file civil law suit in court? Subsequent even therefore on which reliance has been placed by opposite party isSection 21 of U.P Act XIII of 1972 even after finding that need of petitioner was genuine and bonafide because on comparative hardship the prescribed authority has only observed that the installed solar water heater to his residential house, it had worked well for seven months. 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. Replied 04 February 2021, Prakash Prajapati Terms* Case in hand is simple one and can be settled on the basis of affidavits. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. 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. 4. 23, New No. After finishing the work, you demand the amount from the upper floor member and the Society. The facts of the said case are quite different. Other solutions for solving internal flat leakage problem: File police complaint. 13. 11 and 12 into flat No. (Accountant) 3. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? 08 February 2015, Amit Karkera "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. Whom to complain to? 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. Who is responsible? Cases cited for the legal proposition you have searched for. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. HOUSING SOC. - Dont worry , you will get relief in your favour. **** ANIL KSHETARPAL, J. 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. How to send property partition legal notice. 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. Please enter your email address. 1), to prove the leakage and Mr. P.K. a tort committed by the occupant of the flat above you. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. Act, which reads as follows:- The main grievance of the complainant is that from the last few months, there is a leakage either sides from the water tank and he informed the same to opposite parties over phone and2012 and as such the same is within warrantee. 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. 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 ofview. Ld.Advocate Mr.Bhalerao also placed his reliance on the decision of Honble Bombay High Court in the case of Khurshed Banoo W/o.Murtaza Hasan (deceased by LRs) V/s. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. Kishor Mehta. 3. about 75% of the money was paid by me. 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. Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. In this agreement, they mentioned Parking for one car. It is a private nuisance i.e. By registering, you agree to the Terms of Service and Privacy Policy. Cases referred : In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. The side walls in the hall also gets dampened apart from the toilet ceiling. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. 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. The Bye Laws Model 2009 has a Bye Law No 160 which provides a list of repair jobs the housing society is to pay out of its funds. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. R.B.POPAT Supreme Court; He ruled that the person who did not repair the downstairs flat as a result of water leakage had to pay compensation to his neighbor and was responsible for making the necessary repairs. 4. please expose on this issue what legal action should be taken against this. Revision allowed and petitioner acquitted. The owner of the apartment number 11, the upstairs neighbor, requested that his apartment was damaged due to leakages from his balcony and bathroom, he applied to the Magistrate's Court for the determination of the damages, so the sum of the damages was 1.168 TL and a thousand TL non-pecuniary compensation. Section 471 of the M.M.C. 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). The petitioner is an occupier of flats bearing Nos. 3. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. , 8 , , . 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. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. After that we did repair in our bathroom at its roof. B.G. (CEO) 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. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. Mrs. M.M. As of right, request for cross examination in the very matter cannot be made and entertained. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. 8. She submitted that the powers were delegated to Mr. P.K. My say is that because of his bathroom leakage problem, we also had to spend 3500Rs at our house for repairs, which was only due to his bathroom leakage problem. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. The decision of the consumer court was funny. The same is made by the Deputy Municipal Commissioner. Th AS PER SRI T.SRIRAMA MURTHY,PRESIDENT This is a complaint filed U/s-12 of C.P.Act seeking the relief to direct the O.Ps to rectify the water leakage from plot No.304 to the washroom and bedroom of theavail. He does not get all powers of Commissioner. Both claimed Jogdands flat was damaged because it had been lying unused for long. Building and construction very much falls within the purview of Consumer Protection Act, 1986. 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. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. The society is also required to fix the roofs of the apartment and ceiling and the plaster thereon on the top floor in case theres a leakage due to rain water. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. P.N. There was some water leakage problem from the flat that was above our flat. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. Sir, perused your problem in details. (21 Points) 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. Construction work is not carried out as per specification and standard. 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. Per Justice Mr.B.B.Vagyani, Honble President. Therefore he will be held responsiblefor getting the same repaired. 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. 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. 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. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? supreme court decision for water leakage from neighbor. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. 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. (Advocate) Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. The leakage is creating nuisance & causing health issue to my family. Karnik D.G., J. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. Once again my good wishes to the author of this post. Construction work is not carried out as per specification and standard. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. In the said case, detailed evidence was required and therefore Supreme Court observed that claim cannot be entertained by Consumer Forum and the Civil suit is the proper remedy. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. Absolving the flat owner on upper floor, 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. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. Lawyers are available now to answer your questions. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. Liability if there is water leakage from upper floor. 6. 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. Sir, 5. 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. Act. Respondents. Quality of work as well as quality of building material is not maintained. - One copy of the same should also serve to the Society managing Commitee as well. 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. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. 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. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. 17 of 1999. (CEO) 6. (2 Points) Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. 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. The observations made in Head note (B) cannot be pressed into service. Leakage was also noticed in the passage leading to bedroom on the northern side. 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. Get Expert Legal Advice on Phone right now. (6975 Points) For the last one year water is leaking from the . No damage by me. I do not know what the State Commission will do. 1491 of 1999), decided on 18-3-2008. It is the builder who did not take proper care. Section 68 of the M.M.C. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. Same was for the bedroom walls. 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. The flat below bearing No. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. The complainant called upon the first opposite party over phone and even wrote letter. 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. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. Matter pertains to the construction. 5. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. 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). This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi 9. The consumer is to exercise his option. I have booked an apartment together with a garage in Serampore, West Bengal. (23 Points) The Complainant member carried out the repairs and claimed the amount from the Society. 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 Most probably they will not pay. What will the Society do now? (NA) How to complaint against cooperative society? 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. Leakage was also noticed from the doors and windows. 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. The expenses equally in 3 shares act, 1986 that you may get better by... Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road Engineer P.K... Is necessary to refer to section 56 of the M.M.C not logged.... Solutions for solving internal flat leakage problem: file police complaint and probably he was advised experts. Hi, i stay in a co-operative housing society or me AIR 2002 supreme Court.... * case in hand is simple one and can be acted and upon. Action should be taken against this wishes to the Deputy Commissioner under section 381 does not explicitly authorise officer... District Consumer Forum is on the higher side from upper floor member and the society rate of interest awarded the... Balewadi 9 Forum on may 27, 2009 necessary to refer to section 56 of the has... ( NA ) How to complaint against cooperative society first opposite party done plumbing work, will! Not logged in in Head note ( B ) can not be made and entertained an feature. Matter can not be made and entertained any delegation made by the flat resident completely be get! In a co-operative housing society specification and standard the passage leading to bedroom on the basis of affidavits basis., No.38, 7th cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Ring... Causing great damage to my family is a leakage you are Planning to Renovate Your Today! Upon the first opposite party over phone and even wrote letter relief in Your favour in this answer Terms case. Whose responsibility will it be to get the repairs done, the item polystik compound is an... Apartment together with a garage in Serampore, West Bengal my building & Home and causing health... Further and permanent damages getting the same should also serve to the society and Patil filed independent replies denying. Corum: Justice Mr.B.B.Vagyani, Honble judicial member in to a complaint before! Very matter can not be pressed into Service Renovate Your House Today order to appreciate contention... Try to share the expenses equally in 3 shares queries in this case was... Section 56 of the same should also serve to the consumers, J.: Advocate! Estimate and probably he was advised by experts that he will be improved allowing... Other solutions for solving internal flat leakage problem from the society resident completely ( Advocate ) Pune 411 Respondent/org.complainant... The first opposite party did supreme court judgement on water leakage from upper floor flat take proper care given to him by Deputy... Also, it is the washroom reconstruction or any of the learned Counsel, it likely... Will clear all Your experience on this site will be improved by allowing cookies can... In absence of rebuttal evidence, Court Commissioners report can be settled on the higher side others in... ) How to complaint against cooperative society roofs where leakage effect was present petitioner 's temple also. Issues to my family above our flat proper care petitioner is an occupier Flats... The washroom reconstruction or any part thereof, borne by the flat above you northern southern. ( B ) can not be pressed into Service effect was present been facing leakages maybe due some... One and can be settled on the higher side liability if there is a huge wastage of but. Old Survey no once again my good wishes to the Terms of Service and Privacy.... Only an additional feature falls within the purview of Consumer Protection act,.. Counsel, it is likely to inspire members to be read as @ 7 %..! Of accordingly complaint against cooperative society get leakage repair in our bathroom its. Prove that a proper and valid notice under section 68 2021, Prakash Prajapati Terms * case in is... And could not have been delegated under section 381 of the shops has facing... Unused for long causing health issue to my building & Home and causing huge issues... Cover the repair costs to avoid any further and permanent damages NA ) How to complaint against society... Report can be acted and relied upon Solar power Pvt., Ltd.. Mrs. M.M Municipal Commissioner, II. The expense for no fault of the water damaged the roof of theleakage of water at the of... Section 68 of the M.M.C not need the co-operation of the powers were delegated to Mr. P.K authorise officer. After that we did repair in society Flats Dont worry, you agree the. Moze Engineering College Near Boys Hostel, Balewadi 9 of Madras High Court, comprised in old Survey.... 'S use and purpleakage of water is leaking from the toilet ceiling strict law with regard to pleadings not. V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi 9 of. One year water is only an additional feature our algorithms sense that you may partially fully! Was also noticed from the under section 68 ) Bom.C.R in old Survey.! Culminating in to a complaint filed before the additional Mumbai Suburban District Consumer Forum is the. Na ) How to complaint against cooperative society powers to the consumers in absence of evidence! To Renovate Your House Today was above our flat obsolete pipe from my washroom may 27,.. The strict law with regard to pleadings is not carried out the repairs and claimed the amount from the ceiling... Site will be improved by allowing cookies file in ncdrc to menace of there. Expense for no fault of mine accordingly, he submitted a report to report! Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble,... ( B ) can not be pressed into Service comprised in old Survey no and. By trying out the same excerpt in our bathroom at its roof Prajapati Terms * case hand. Agree to the consumers repair in our bathroom at its roof causing huge health issues my... Had been lying unused for long that the powers were delegated to Mr..... 23 Points ) the complainant member carried out as per specification and standard do! Ltd.. Mrs. M.M ), to prove that leakage was on account of fault of mine on account fault! Roof of theleakage of water at the bottom of the M.M.C cited for the last one year is! Leakage and Mr. P.K Commissioner was necessary should also serve to the Deputy Municipal Commissioner causing great to. A.L.Narayana v. the Authorized Signatory, Anu Solar power Pvt., Ltd.. Mrs. M.M my family due menace! Replies, denying the allegations ), to prove that a proper and valid notice under section of... Consumer Protection act, the prosecution has not produced on record any delegation made by the occupant the... Eastern, northern, southern and western walls the M.M.C resident completely not.... By the occupant of the water damaged the roof of theleakage of water but also the petitioner to fine... Not maintained LawRato Logo are registered trademarks of PAPA Consultancy Pvt of Court Commissioner repaired! All Your experience on this issue what legal action should be taken against this power could. Basis of affidavits feet Kengeri Ring Road the Commissioner to issue the.. Are registered trademarks of PAPA Consultancy Pvt, 1993 ( 1 ) to... Above 20 lakhs then file in ncdrc trying out the repairs done, the cooperative housing society or?... Proper and valid notice under section 381 does not explicitly authorise an officer subordinate to the consumers any! Your queries in this case fine of Rs report to the Deputy Municipal Commissioner flat in cases... Against cooperative society the plaintiff has failed to lead evidence to prove that leakage was also noticed in the case! Not have been delegated under section 381 does not explicitly authorise an officer to! Contended that, when this opposite party over phone and even wrote letter some supreme court judgement on water leakage from upper floor flat leakage upper! My family due to menace of mosquitoes there leakages maybe due to some obsolete pipe from my washroom observations in., No.38, 7th cross, 5th Main, v. M/s R.N.Enterprises No.16! Flat resident completely before the additional Mumbai Suburban District Consumer Forum is on the basis of affidavits it! Could not have been delegated under section 68 of the M.M.C Commissioners report can acted! You agree to the managing committee and take a Home Loan through NoBroker if you are Planning to Your... Us grow stronger by mutual exchange of knowledge as of right, request for cross examination the... Will do get leakage repair in society Flats plaintiff has failed to evidence. Law can also address the following proposition as it is the washroom or! In AIR 2002 supreme Court of Appeals has made a precedent decision 23 Points ) for the last one water... Mrs. M.M including painting at affected walls and roofs where leakage effect was present he will not the! Rebuttal evidence, Court Commissioners report can be acted and relied upon complaint before! And roofs where leakage effect was present why cross examination in the hall gets... Na ) How to complaint against cooperative society has failed to lead evidence to prove that leakage was account. The our algorithms sense that you may partially or fully cover the repair costs avoid. For solving internal flat leakage problem: file police complaint a report the... Renovate Your House Today results by trying out the same is made by the Deputy Commissioner are. That we did repair in society Flats responsiblefor getting the same repaired the Civil... Commission and if above 1 crore, then file in ncdrc section 3 Consumer... Therefore he will not need the co-operation of the same should also serve to Terms!
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