Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. 0.1255, Illegal monumental pile in front of my house what can i do. See you can give a legal notice to the society and the above flat owner asking them to repair the Terrace and seeking damages for the loss if on notice the society and the person fails to repair you can file a suit seeking direction to repair the roof and seeking damages. 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. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. Did you make any complaint?? HOUSING SOC. We had spend 3500Rs on that. (Job) 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. Municipal Corporation of Greater Mumbai Vs. P.V. A.Send a legal notice asking for compensation and taking of steps to prevent leakage.if nothing is done, file case in consumer court.jurisdiction will be as per total value of the flat at the time of purchase. 11 and 12 causing dampness in the roof and walls of flat No. Act. Vasant S. Naik Petitioner. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. Isn't the cost to be equally be shared by both parties? There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. He is to perform all such acts which Commissioner deputes him to do from time to time. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. 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? Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. Sub-section (1) of section 56 provides that a Director (appointed under section 54(A) or a Deputy Commissioner or an Additional Deputy Commissioner shall be subordinate to the Commissioner and subject to his orders shall exercise such of the powers and perform such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. ( of Bhimrao Jogdand) 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. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 9. You may sue him for: - punishment (mostly for public nuisance). 08 September 2018, Kishor Mehta It was informed, the defect was in the plumbing work. 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 Mr.N.M.Shinde-Advocate for the respondent. Act, all acts and things performed and done by a Deputy Municipal Commissioner during the tenure of his office are deemed to have been performed by the Commissioner. this causes damage to the flat below. (Scientist/Engineer) Civil Court. Section 381 of the M.M.C. It is only then that the person can be in breach for non-compliance of the notice. 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). (2-A) Provided further that when an additional Deputy Commissioner or more than one additional Deputy Commissioner have been appointed, the Commissioner shall prescribe the respective spheres of duties of each of such additional Deputy Commissioners and in so doing may allot to the Deputy Commissioner or the additional Deputy Commissioner designated by him responsibility, subject to the control of the Commissioner for the Municipal Government of the suburbs in so far as such responsibility is consistent with the powers and duties deputed to him under sub-section (1). In the meantime if the repair was not effective and leakage recurs again who will be responsible? I see no provision for attaching files here. I think the society or the builder should bear the expense. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. 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. I will clear all your queries in this answer. Its better you both approach society and try to share the expenses equally in 3 shares. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. (Advocate) They ordered the Society to pay the amount to the aggrieved member. 381, 471 & 68 - Complaint to Municipal Corporation - For not waterproofing, nuisance of leakage in flat - Validity of notice for prosecution - Prosecution was launched, by Deputy Municipal Commissioner and petitioner ordered by Magistrate to pay fine of Rs. Lost your password? It is the builder who did not take proper care. 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. The appellants assured her repair works undertaken by them walls were completed in all aspects. They have gone on appeal to the State Commission. What action did you take to stop it?? CA CMA CS Ram Pavan Kumar Melam As of right, request for cross examination in the very matter cannot be made and entertained. Get expert legal advice from multiple lawyers within a few hours, Liability if there is water leakage from upper floor, LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Appeal is partly allowed. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Aggrieved petitioner is in revision. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. 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. In my view, the prosecution has failed to prove that Mr. P.K. - 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 . 2023 LAWyersclubindia.com. In Civil Law. Complain to police for creating nuisance and mischief. However, I require an exhaustive consultation session with you first, to brief you on detail. Commissioner v. N.P. Ltd. All Rights Reserved. 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 . Building and construction very much falls within the purview of Consumer Protection Act, 1986. The Chamber decided to unanimously uphold the court decision. 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. However the O.P promised and convinced the complainant that he will rectify the said defects before entering intoand when there was rain fall) due to leakage of water from bathroom etc., and some household articles also spoiled. Appellant could have tendered the questionnaire to the Court Commissioner. 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. Please contact for more details. 8. I do not know what the State Commission will do. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? Leakage was noticed in the balcony. You must get a legal notice served upon the member above, and also your housing society, through your counsel (Advocate), to get the repairs done; intimating them that you are well within your rights to move the cooperative court against them, if they don't comply. b. Bye Law No 70 providing for basis of apportioning society outgoings under various heads (i) to (xvi) has clarified that All the repairs, not covered by the bye-law No. Desarkar, Assistant Engineer (P.W. All (2 Points) Same was for the bedroom walls. What should i do , shall i pay him or refuse? MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. Send a legal notice, review a legal document, etc. Our outlet pipes are inside the Flat. 13. Replied 25 February 2011. It's quick, easy, and anonymous! Even the side wall erected to his flat to support the terrace. Once again my good wishes to the author of this post. 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. Get legal answers from lawyers in 1 hour. Copies of the order be furnished to the parties. According to him, the respondent should have gone to the Civil Court to redress his grievance. In order to sustain the conviction for breach of section 471 of the M.M.C. In the result, we pass following order:- After that we did repair in our bathroom at its roof. Is it a DDA flat or society flat in Rohini? Quality of work as well as quality of building material is not maintained. please expose on this issue what legal action should be taken against this. The petitioner is an occupier of flats bearing Nos. Consumer Forums are quasi judicial Forums. Forum. Your are not logged in . 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. 8. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. Good Luck. The same is made by the Deputy Municipal Commissioner. Desarkar was authorised to issue notice under section 381 of the M.M.C. Can I send a legal notice to them and Can I file civil law suit in court? Per Justice Mr.B.B.Vagyani, Honble President. 2. Family person took 10 Lakhs amount in 2013 and cheated while signing. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI 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. Sir, perused your problem in details. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. I have not made any repairs to my flat since i bought it 8 yrs back. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Consumer has exercised his option in favour of District Consumer Forum. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. (23 Points) 4. Get Expert Legal Advice on Phone right now. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. The sentence was appealed by the defendant. Please let me know what action can I take against them. 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