and judgment of the Mumbai consumer court. a tort committed by the occupant of the flat above you. 07 February 2015. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. supreme court decision for water leakage from neighbor. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. **** ANIL KSHETARPAL, J. Dr. MPS RAMANI Ph.D.[Tech.] a. It may be noted that under sub-section (1), a Deputy Commissioner does not merely, by virtue of his appointment as a Deputy Commissioner, get all the powers of the Commissioner. Please contact for more details. 11 and 12 causing dampness in the roof and walls of flat No. 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. Aggrieved, he filed the complaint on May 27, 2009 Judicial Member President, SUSHMITA KALVANKAR Please enter your email address. 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. In the result, we pass following order:- Desarkar by order dated 10th August 1996 (Exhibit P-11) could be regarded as a delegation by the Commissioner himself by reason of the deeming provision of section 56(3) of the M.M.C. Even gallons of water loss is happening due to leaking pipes of second floor every day. 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. 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. 2. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. 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. 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. Hence prosecution without valid notice from Commissioner was not proper. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. 2023 LAWyersclubindia.com. You may lodge the complaint with the secretary of your association for taking necessary action in this regard, if this fails to invoke any response, you may issue legal notice to the owner and the secretary after which you can initiate suitable legal action in appropriate legal forum/court. Leakage was also noticed from the doors and windows. 12. Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! Consumer Forums are quasi judicial Forums. If there is terrace above your flat then the Society is responsible. Dr J C Vashista Vaidya i/b. ORDER I have already held that there is no material on record to prove the delegation. 7. Seepage was noticed in the bathroom, which is below the staircase of the ground floor. kindly advise us the right procedure and the source to approach to get issue resolve. 1965 S.C. 1486. The Commissioner may delegate all or only some of the powers to the Deputy Commissioner and/or an Additional Deputy Commissioner and reserve the remaining powers in himself. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! application no.344/2008 has become infructuous and stands disposed of accordingly. 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. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Our outlet pipes are inside the Flat. 7. Act. He had taken with him Shri Pawar to assist him and to take measurement. The society and Patil filed independent replies, denying the allegations. - 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 . 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. The whole thing can take ages. (Scientist/Engineer) Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. (NA) The facts of the said case are quite different. The society did not act against Bhalchandra Patil. Interact directly with CaseMine users looking for advocates in your area of specialization. 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. In such a situation you will have to try your own resourcefulness. He is to perform all such acts which Commissioner deputes him to do from time to time. According to complainant, there was leakage of water from either sides of tank and the same was informed to opposite parties, but of no use. Section 68 of the M.M.C. 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. 1 Court: Citizen can't be made to run around just to fix leak A magistrate's court has convicted and fined a housing society and its office-bearers for not fixing a n extgernal leakage despite a . Liability if there is water leakage from upper floor. Sebastian, 1993(1) Bom.C.R. Kishor Mehta. Fine, if it has been paid, be refunded to the petitioner. 9. 1. The same is made by the Deputy Municipal Commissioner. They signed an agreement. Its quick, easy, and anonymous! Our outlet pipes are inside the Flat. The strict law with regard to pleadings is not applicable. It is also material to note that in presence of both the parties, the commission work was carried out. Awaiting your response. Sir, perused your problem in details. 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. 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. 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. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. 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. However, there was no leakage. He does not get all powers of Commissioner. This repair work shall be carried out immediately and without any delay, if not already carried out.4. In order to sustain the conviction for breach of section 471 of the M.M.C. You call qualified engineers, ask them to diagnose the fault, give an estimate and also whether the co-operation of the upper floor member will be necessary for the repairs. 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. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. Replied 04 February 2021, Prakash Prajapati Learned Advocate Mr.Bhalerao for the appellant forcefully submitted that the District Consumer Forum has no jurisdiction to entertain the complaint filed by the respondent. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. Click here to Login / Register. Send a legal notice, review a legal document, etc. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. 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. Thus, leakage of water from the system is the main grievance of the complainant. For the last one year water is leaking from the . 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. In the meantime if the repair was not effective and leakage recurs again who will be responsible? Other solutions for solving internal flat leakage problem: File police complaint. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. Your experience on this site will be improved by allowing cookies. The Chamber decided to unanimously uphold the court decision. All Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? 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. Good Luck, (S.R.Khanzode) (B.B.Vagyani) Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. Anshul Goel I'm prepared to handle your case as your counsel (Advocate). 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. It's quick, easy, and anonymous! P.N. No Comments! Act and sentenced the petitioner to pay fine of Rs. The Chamber decided to unanimously uphold the court decision. Leakage was noticed in the balcony. 09 September 2018. The appellants assured her repair works undertaken by them walls were completed in all aspects. 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. Act. Now you know how to deal with the leakage problem from the above flat. 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. Civil Court. Can I send a legal notice to them and Can I file civil law suit in court? In this agreement, they mentioned Parking for one car. I have not made any repairs to my flat since i bought it 8 yrs back. 23, New No. Mr. Abhishek Bhateja, Advocate for respondent No.8. (CEO) 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. The leakage is creating nuisance & causing health issue to my family. On going through the records, we find the assessing authority has given a clear cut finding that the granted 50,000/- on account of leakage due to which the paint of two rooms as well as work of POP was deteriorated and also for damage of Solar Water Heater the interest @ 18% per annum on the amofrom date of leakage of water tank of till payment with cost and litigation expenses as assessed by the Ld. 2. 5. this causes damage to the flat below. 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. Municipal Corporation of Greater Mumbai No doubt the prayer for cross examination was rejected. 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). The members refused to pass the resolution. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . Most probably they will not pay. 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. 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