The case can get further complicated. 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. Vasant S. Naik Petitioner. After continous requests, the owner of above flat did repairs. Replied 04 February 2021, Prakash Prajapati 07 February 2015. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. Quality of work as well as quality of building material is not maintained. Cases referred : Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. 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. Our outlet pipes are inside the Flat. 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. V/s. 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. He therefore wants the second respondent to carry out the necessary repairs. (21 Points) 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. 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. Complainant Nandakumar Rege, the CEO of Thane District Housing Co-Operative Federation, stated that his flat on the ground floor of Manali building at Abhinav co-operative housing society in . Same was for the bedroom walls. The expenditure of the internal leakage due to toilet, sink etc. He had taken with him Shri Pawar to assist him and to take measurement. The observations made in Head note (B) cannot be pressed into service. Liability if there is water leakage from upper floor. ", 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 Chamber decided to unanimously uphold the court decision. She hired service of another professional of water leakage s findings of fact arrived at by both the courts below, while dismissing the suit filed by the plaintiff for damages on account of leakage of water in the common wall. If the upper floor co-operation is required . Section 381 of the M.M.C. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. The latter called a General Body meeting and asked the Society members to contribute their share. 9. Vaidya i/b. The sentence was appealed by the defendant. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Leakage was noticed in the balcony. 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. Sub-section 2-A also provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner are appointed, the Commissioner may prescribe the respective spheres of operation of them meaning thereby he may delegate some powers to the Deputy Commissioner and some powers to the additional Deputy Commissioner or additional Deputy Commissioners and he may retain some powers to himself without delegating them to the Deputy Commissioner or an additional Deputy Commissioner. Sub-section 2-A provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner have been appointed, the Commissioner shall prescribe the respective duties of each of such additional Deputy Commissioners. In the absence of the proof that the Commissioner had delegated his power to issue notice under section 391 to Deputy Commissioner, the delegation by the Deputy Commissioner to Mr. P.K. Consequently, the decision is of no assistance to the Municipal Corporation. 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. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. 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. Patil did not do anything Is it a DDA flat or society flat in Rohini? 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. 1965 S.C. 1486. Thanks and regards. Tremendous water leakage is happening from second floor due to which my both bathroom walls are leaking and now leakage has reached to my bedroom as well. . In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. District Consumer Forum has accepted the figure disclosed by the Court Commissioner. 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. Replied 03 January 2021, Swarnava Ghosh Heard Mr.S.S.Bhalerao-Advocate for the appellant. Your experience on this site will be improved by allowing cookies. For the last one year water is leaking from the . Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. 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. sever damage has been caused to the celing due to the continuous leakage & the complete layer of puuty is peeled off from the bedroom ceiling. (3) All acts and things performed and done by the Director or a Deputy Commissioner and an additional Deputy Commissioner during his tenure of the said office and in virtue thereof, shall for all purposes be deemed to have been performed and done by the Commissioner. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. You may sue him for: - punishment (mostly for public nuisance). 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. (NA) Isn't the cost to be equally be shared by both parties? 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 9 below, in occupation of Mr. Pandit. Give the names of the upper floor member and the Society/Association as opposite parties. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. Hence prosecution without valid notice from Commissioner was not proper. 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. (2 Points) ", 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. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. Please let me know what action can I take against them. 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? Sebastian)2, 1993(1) Bom.C.R. 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 Civil Lawyers at lawrato.com to address the specific facts and details. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. It is responsible to pay the complainant, the forum said. Dr. MPS RAMANI Ph.D.[Tech.] 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. -160 () 158 . Construction work is not carried out as per specification and standard. In the circumstances, that decision is also of no assistance to the respondent. Whom to complain to? But legally speaking the upper floor owner has to bear the complete costs towards this. 244 of 1999, (Converted from Criminal Writ Petition No. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. You have no other option it seems. , 8 , , . 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. The Court found that it was part of the 2010 Works contracted by the Defendant that the floor of the flat roof was changed and the waterproofing membrane relaid and in the course of changing the floor of the flat roof, the Defendant elevated the floor and caused the original communal soil pipes to be. ) is n't the cost to be equally be shared by both parties leakage due toilet... 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