He is to perform all such acts which Commissioner deputes him to do from time to time. From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. 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. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. 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. Is there a RWA or MC of the CGHS? Consequently, it is not proved that the petitioner has failed to comply with a legal and valid notice issued under section 381 of the M.M.C. Isn't the cost to be equally be shared by both parties? Building and construction very much falls within the purview of Consumer Protection Act, 1986. Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi 1. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! 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. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. Click here to Login / Register, 5 Days Practical Workshop on ITR U (Updated Return), India's largest network for finance professionals, 2009(1) Bom.C.R.(Cri.) - As per law, the upper floor owner is responsible for repairing the water leakage . He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. As of right, request for cross examination in the very matter cannot be made and entertained. 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. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). 09 September 2018. The whole thing can take ages. Ltd. All Rights Reserved. The expenditure of the internal leakage due to toilet, sink etc. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. However, in that case, it appears that there was no dispute as to the fact whether the powers were delegated by the Commissioner to the Deputy Commissioner under section 56(1) of the M.M.C. Awaiting your response. In this regard (I.A.No.10) under 151 of the Code of Civil Procedure to permit her to undertake repair of the suit property by repairing the northern side staircase compound to lay a water sump due to the leakage by the Final Decree Court on I.A.No.10. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. I have not made any repairs to my flat since i bought it 8 yrs back. , .5,000/- .5,000 complaint. Act to issue the notice. In this agreement, they did not mention parking area details. Mr.N.M.Shinde-Advocate for the respondent. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. Sir, Per Justice Mr.B.B.Vagyani, Honble President. .2,000/-( ) (.28,900 + 19,456) .48,356/- . Act. 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. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. ORDER supreme court decision for water leakage from neighbor. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! Quality of work as well as quality of building material is not maintained. That appears to have been an undisputed position. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. 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. 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. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. The OP has taken defence that, due to PVC material there was leakage and the OP submitted that the complainant could have used GI pipes its costs: a. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. 5. 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. Leakage was noticed in the balcony. Moreover, objection was raised to the report of Court Commissioner. 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. Most probably they will not pay. 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. You will have to go to a civil court for redressal of your grievances. 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. K.Bala Tripura P.VENKATA RAMAN MURTHY S/O GOVINDA RAJU v. SABBI NAGESWARA RAO S/O LATE PENTAYYA, B.M Ganapathy v. The Proprietor (Supreme Tile works). The revision application is accordingly allowed and the petitioner is acquitted of all the charges. We all were waiting for the rainy season and now that the monsoon has finally arrived, there is one issue that many of us are dealing with: Water leakage from the upper floor in society. Click here to Login / Register. 2. If the upper floor co-operation is required . Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. Section 68 of the M.M.C. Act provides that the Commissioner may, by a notice in writing, to require the person by whose act, a nuisance arises, exists or continues or likely to arise and the owner, lessee and occupier of the land, building or premises on which the nuisance arises, exists or continues or is likely to arise or anyone or more of such person, owner, lessee or occupier, to remove, discontinue or abate the nuisance by taking such measures and by executing such work in such manner and in such period of time as the Commissioner shall prescribe in such notice. (Executive - Materials) The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. It is a private nuisance i.e. (S.R.Khanzode) (B.B.Vagyani) Appeal filed by the petitioner, being Criminal Appeal No. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. 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. The sentence was appealed by the defendant. (Advocate) 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. The chain of authorities in case of grievances and complaints are [1] The Managing Committee of the Society, [2] The building department of the local Municipal Corporation, [3] The Consumer griecances fora & [4] The Hon. She further submitted that by reason of section 56(3) of the M.M.C. ", 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. 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. Act authorises the Commissioner to delegate any of his powers, duties and functions to any Municipal Officer by a general or special order made from time to time. The appellants assured her repair works undertaken by them walls were completed in all aspects. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. Your experience on this site will be improved by allowing cookies. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate Act. Repair of leakages from bathroom. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. 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. Desarkar was authorised to issue notice under section 381 of the M.M.C. 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. With a copy to Patil and sought reimbursement of the repair costs. The observations made in Head note (B) cannot be pressed into service. 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. This section says that society is required to fix all types of leakage of water at its cost. 15. Let us grow stronger by mutual exchange of knowledge. 1965 S.C. 1486. Deshmukh, A.P.P., for respondent No. (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. I'm prepared to handle your case as your counsel (Advocate). 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). Dr J C Vashista 68. Mr. Abhishek Bhateja, Advocate for respondent No.8. Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. Kishor Mehta. 17 of 1999. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. Liability if there is water leakage from upper floor. Construction work is not carried out as per specification and standard. 12. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. (6975 Points) 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. 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. Advocates appeared : Act, which reads as follows:- Replied 03 January 2021, Swarnava Ghosh Hi, I stay in a co-operative housing society. How to send property partition legal notice. 11. 7. 1491 of 1999), decided on 18-3-2008. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. Functions of Commissioner, the Director and a Deputy Commissioner.- (1) The Commissioner, the Director or a Deputy Commissioner or an additional Deputy Commissioner so appointed 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: 9. Ltd. All Rights Reserved. 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. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. The consumer is to exercise his option. 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 Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. 4. According to him, the respondent should have gone to the Civil Court to redress his grievance. | Civil Law Guide, Separation of powers in administrative law in India, OBC Non Creamy Layer Income Limit 2019 Criteria, I got show cause notice from passport office please advise what to do, What is the validity of an agreement on Rs 10 stamp paper, What is the basic difference between Section / Rule / Article /Act, What is the procedure and grounds for filing defamation case. Once again my good wishes to the author of this post. 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. The Chamber decided to unanimously uphold the court decision. 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. HOUSING SOC. After that we did repair in our bathroom at its roof. 7. 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. 09 September 2018. Smruti Apartment, 1st floor Tilak Road, Pune 411030.. Appellant/org.O.P and bear the expense for fault... Appeal filed by the petitioner, being Criminal Appeal no to go to a Civil Court redressal. Your House Today that he will not need the co-operation of the M.M.C Advocate Act all the charges by... Intention that the power of taking eviction proceedings was a quasi judicial powers contained in Chapter VI-A of the of... What solution you got in your case for the same Problem exercises such powers and performs such the... A quasi judicial powers contained in Chapter VI-A of the water damaged the roof theleakage. 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