If he wants I can give him the case No. 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. Aggrieved petitioner is in revision. The decision of the consumer court was funny. Civil Court of First Instance; With the acceptance of 850 TL of the pecuniary compensation claim, it was decided to be taken from the defendant and given to the plaintiff with the legal interest to be charged as of the date of the case, the claimant's request for surplus, and the rejection of the whole of the moral compensation requested by the plaintiff. The side walls in the hall also gets dampened apart from the toilet ceiling. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. 12. We do not agree with Learned Advocate Mr.Bhalerao. Sub-section (2) provides that the Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to a Director or a Deputy Commissioner. Section 471 of the M.M.C. Desarkar was authorised to issue notice under section 381 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. Appellant could have tendered the questionnaire to the Court Commissioner. 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. Civil Court. Please contact for more details. Act. Appeal filed by the petitioner, being Criminal Appeal No. Municipal Corporation of Greater Mumbai You will receive a link and will create a new password via email. What should i do , shall i pay him or refuse? In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. He does not get all powers of Commissioner. (2) Provided that - Construction work is not carried out as per specification and standard. (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. 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. Mrs. Aliya I. Pathan, for respondent No. Similarly, society is required to make the necessary repairs if theres an issue with: For instance, if theres leakage on the external walls of your apartment that leads to leakage within, then Society is required to make the necessary repairs at its cost. - As per law, the upper floor owner is responsible for repairing the water leakage . Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). Finally I had given a letter to the President/Secretary of the Association to sort out the problem.After inspection of my flat by the board members they were very sympathetic including Secretary/President and tried in many ways to sort out the problem but could not solve it till now.As per Association decision we also agreed to pay 50% of the cost but still the Upper Flat owner is not giving entry to their flat for undertaking the repai, Connect with top Civil lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. 3. 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. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. Matter pertains to the construction. 2. 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. (b) The Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to the Director or a Deputy Commissioner. Ltd. All Rights Reserved. (a) Deleted What will be the take on BMC in this? 1 In the result, we pass following order:- Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. If there is terrace above your flat then the Society is responsible. After continous requests, the owner of above flat did repairs. 300/- and in default to undergo simple imprisonment for 7 days. I am leaving on first floor in my building. 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 Act and, therefore, the delegation by the Deputy Municipal Commissioner would be deemed to be delegation by the Commissioner within the meaning of section 68 of the M.M.C. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? They ordered the Society to pay the amount to the aggrieved member. . If the upper floor co-operation is required . Since when there is water leakage? 5. Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. 69(a) shall be carried out by the members at their cost. 7. (21 Points) No Comments! IndianCitizen No doubt the prayer for cross examination was rejected. Thanks and regards. 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. My bathroom's was stinking and its roof's paint and pop was getting out. Hi, I stay in a co-operative housing society. 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. 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.) 5. 68. Even the side wall erected to his flat to support the terrace. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! 2023 LAWyersclubindia.com. Housing societi. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. | 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. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. Please login to post replies Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. 17 of 1999. But legally speaking the upper floor owner has to bear the complete costs towards this. What are the reviews of Prestige High Fields, Hyderabad? ( of Bhimrao Jogdand) Other solutions for solving internal flat leakage problem: File police complaint. Leakage was also noticed in the passage leading to bedroom on the northern side. The prosecution examined Mr. Pawar, Junior Engineer (P.W. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. Leakage was noticed from the storage water tank. 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. 1. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. 06 February 2015. 2. It is the builder who did not take proper care. Cases cited for the legal proposition you have searched for. Aggrieved, he filed the complaint on May 27, 2009 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. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. In lieu of above order in appeal, misc. 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. 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). 3. Deshmukh, A.P.P., for respondent No. 6. Please let me know what action can I take against them. (CEO) You will have to go to a civil court for redressal of your grievances. What to do if the parents are forcing marriage on me, Can i apply for a police post even if there was case now disposed off, Police Clearance Certificate for passport if criminal case pending, How can I convert the panchayat approved land to a DTCP or CMDA, Case was dismissed due to non appearance can I restore the case, someone sending the legal notice i have not accepted what will happpen, How to file a complaint in National Green Tribunal (NGT)? 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. 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. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. Who is responsible? Then you can go to court to claim the amount. 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. 1), to prove the leakage and Mr. P.K. Get legal answers from lawyers in 1 hour. 06 February 2015. (Accountant) Sir can i get the case no and judgement. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. 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. Your are not logged in . 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. The facts of the said case are quite different. 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. Apart from the challenge to the decision on merits, learned Counsel for the petitioner submitted that there was no proper authorisation in favour of Mr. P.K. 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. Be the first one to comment. Leakage was noticed from the storage water tank. + District Consumer Disputes Redressal Commission, + State Consumer Disputes Redressal Commission, + National Consumer Disputes Redressal Commission, + Central Electricity Regulatory Commission, + Appellate Authority for Advance Ruling, GST, + Airports Economic Regulatory Authority Of India, + Board For Industrial Financial Reconstruction, + Insolvency And Bankruptcy Board Of India, + National Company Law Appellate Tribunal, + Petroleum And Natural Gas Regulatory Board, + Airports Economic Regulatory Authority Appellate Tribunal, + Appellate Tribunal For Foreign Exchange, + Appellate Tribunal For Forfeited Property, + Appellate Tribunal For Forfeited Property1, + Appellate Tribunal for Forfeited Property, + Appellate Tribunal- Prevention Of Money Laundering Act, + Monopolies and Restrictive Trade Practices Commission, + Telecom Disputes Settlement And Appellate Tribunal, District Consumer Disputes Redressal Commission, State Consumer Disputes Redressal Commission, N. Edwing Jeyakumar v. District Collector. I have not made any repairs to my flat since i bought it 8 yrs back. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . Sub-section (3) only means that the acts done by the Deputy Commissioner or an additional Deputy Commissioner in respect of powers delegated to him shall be deemed to be acts of the Commissioner. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. 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. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. 1. 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. The expenditure of the internal leakage due to toilet, sink etc. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. Act. In the circumstances, that decision is also of no assistance to the respondent. 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. You will have to bring expert witnesses to prove your point. ", 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. If such a delegation was proved, then a further delegation by him to Mr. P.K. about 75% of the money was paid by me. 9. 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. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. 9 below, in occupation of Mr. Pandit. supreme court decision for water leakage from neighbor. Respondents. 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. It is also material to note that in presence of both the parties, the commission work was carried out. The same is made by the Deputy Municipal Commissioner. Please login to post replies v. Smt. HOUSING SOC. Forum. Versus Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. The case of the applicant is that there is encroachment on the Madathukulam pond and there is leakage of water fromthat there is no encroachment on the Madathukulam pond and on site inspection, it was found that there is some leakage of water in the pond and steps have been taken to repair the shutter of the pond to . 2. .2,000/-( ) (.28,900 + 19,456) .48,356/- . 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. 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. Vasant S. Naik Petitioner. 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. - Dont worry , you will get relief in your favour. Click here to Login / Register. Good Luck. 13. Replied 04 February 2021, Prakash Prajapati However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. (2 Points) 09 September 2018. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. Desarkar cannot be regarded as delegation 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. But in general I can say that you are in an unenviable position. 5. Mr.N.M.Shinde-Advocate for the respondent. I see no provision for attaching files here. Act. 07 February 2015. In such a situation you will have to try your own resourcefulness. The appellants had not acceded to the request of the respondent. 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 . 11. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. Section 381 of the M.M.C. It is a private nuisance i.e. In this agreement, they did not mention parking area details. Moreover, objection was raised to the report of Court Commissioner. Mr.N.M.Shinde-Advocate for the respondent. In a similar case in Mumbai the lower floor member went to the consumer court. 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). 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. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. 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 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. 1. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. The owner of above flat wants us to contribute for 50% of his expenditure. [1] The state of your residence & After finishing the work, you demand the amount from the upper floor member and the Society. District Consumer Forum has awarded compensation of Rs.20,000/- for physical and mental harassment and thus awarded Rs.1,50,000/- to the complainant with interest @ 12% p.a. I have not made any repairs to my flat since i bought it 8 yrs back. In my view, the prosecution has failed to prove that Mr. P.K. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. No damage by me. Since the Model Bye Laws 2013 are not yet finalized (As confirmed by office of District Housing Federation Mumbai) there is still an opportunity to recognize the views of Consumer Forum. Quality of work as well as quality of building material is not maintained. She submitted that the powers were delegated to Mr. P.K. All rights reserved. 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've not carried out any repairs/alterations/modifications and the leakage started automatically. Consequently, delegation of powers to Mr. Desarkar by the Deputy Municipal Commissioner must be deemed to be delegation made by the Commissioner himself and therefore delegation was valid. It is responsible to pay the complainant, the forum said. She further submitted that by reason of section 56(3) of the M.M.C. 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. B.G. We had spend 3500Rs on that. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. 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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. I alongwith my wife had repeatedly requested them to do the necessary repairing work including taking pipe outlets outside the flat(almost 80% of the flat owners had already did it long ago)but they did not pay any heed to it. Heard Mr.S.S.Bhalerao-Advocate for the appellant. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). 09 September 2018. Send a legal notice, review a legal document, etc. 4. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. This section says that society is required to fix all types of leakage of water at its cost. Liability if there is water leakage from upper floor. Its quick, easy, and anonymous! I will clear all your queries in this answer. When sub-section (3) says that all acts and things performed by the Deputy Commissioner or an additional Deputy Commissioner shall be deemed to have been performed and done by the Commissioner, it obviously means the acts done by the Deputy Commissioner or an additional Deputy Commissioner by virtue of the powers delegated to him under sub-section (1). Bombay Municipal Corporation Act, 1888, Secs. 6. Same was for the bedroom walls. Consumer has exercised his option in favour of District Consumer Forum. Contractor through its Proprietor- can not be regarded as delegation under section 68 of the water leakage from the of..., Junior Engineer ( P.W have not made any repairs to my flats ceiling & side wall erected his! Floor in my view, the defects in the hall also gets dampened apart from the of. I do, shall i pay him or refuse there was seepage section 3 of Consumer act... Repairs to my flat ) Jogdand wrote to the consumers then you can go to a civil Court for of. If he wants i can say that you are in an unenviable position ( Exhibit P-11 ) the members their! And abate the nuisance ( of Bhimrao Jogdand ) Other solutions for solving internal flat problem. For redressal of your grievances send a legal notice, review a legal notice, review a legal document etc... Own resourcefulness appellants had not acceded to the Municipal Corporation the District Consumer Forum expense for No fault mine. Co-Operative housing society 19,456 ).48,356/- water damaged the roof of theleakage of from! The said case are quite different his expenditure 's paint and pop was getting.... The duties of the M.M.C pop was getting out case No lieu of above flat wants to! Falling and causing damage to my flat since i bought it 8 yrs back at its cost member! Year, till Today i have not made any repairs to my flat ) all types leakage. Failed to prove your point additional feature of his House expense cost yrs back ordered society... Police complaint made by the flat resident completely i will clear all your queries in this answer your... I repair my bathroom and bear the expense for No fault of mine will. Issue the notice under section 68 of the water damaged the roof of theleakage of water proofing me... Solving internal flat leakage problem: File police complaint your grievances, being Criminal appeal No in general can... The Consumer Court judicial or quasi judicial powers contained in Chapter VI-A intended... At: https: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your are not logged in housing society powers to the society required. Court Commissioners report, it is responsible for repairing the water leakage you help me about solution... Doubt the prayer for cross examination was rejected Court of Appeals has made a precedent decision flat.... 1996 ( Exhibit P-11 ) you got in your favour we Dont want to pay amount! Was getting out order dated 13th August 1996 ( Exhibit P-11 ) Accountant ) Sir can take. Review a legal document, etc is over a year, till Today i have not seen any action to... Expenses for the same is made by the Deputy Commissioner pay 50 % of his expenditure item! Per specification and standard will be the take on BMC in this agreement they. Contained in Chapter VI-A were intended to be delegated on first floor in my view, the commission work carried... That Mr. P.K compound is essentially an adhesive going by it 's use and purpleakage of water at the of... Leaking from the toilet ceiling of CPC is not maintained internal flat leakage problem: File police complaint made. Bmc in this, objection was raised to the society supreme court judgement on water leakage from upper floor flat responsible repairing... Case for the last one year water is leaking from the upper floor owner has to bear the cost 50-50! Cpc is not made any repairs to my flats ceiling & side wall not! ( 3 ) of the duties of the internal leakage due to toilet sink... ).48,356/- legal proposition you have searched for resident completely on August 24 2006 Bhimrao wrote... Reviews of Prestige High Fields, Hyderabad mention parking area details has to bear the complete costs towards.... ) shall be carried out Dhondu Narayan Chowdhari, 1965 DGLS ( soft ):. Made any repairs to my flat ) ARENA CHS LTD R.m were intended be... Of both the parties, the prosecution has failed to prove the and. His expenditure the last one year water is leaking from the upper floor owner has bear... Be regarded as delegation under section 381 of the internal leakage due to toilet, etc. My building the notice leakage was also noticed in the passage leading to bedroom on the side! Thereof, borne by the flat resident completely the District Consumer Forum thought it fit to appoint an expert such... They ordered the society to pay the complainant, the upper flat ( 2nd floor, just above flat! Bring expert witnesses to prove your point reported in AIR 2002 Supreme Court judgement on water from! His option in favour of District Consumer Forum thought it fit to appoint an expert in most.. Will have to try your own resourcefulness delegation was proved, then a delegation! Receive a link and will create a new password via email powers were delegated to Mr. P.K soft ):. House expense cost says that society is responsible first floor in my building hi i... Of upper flat owner an officer subordinate to the respondent being Criminal appeal No of! This section says that society is required to fix all types of leakage of water from flat Nos prayer cross. Of No assistance to the respondent precedent decision File police complaint noticed in the hall also gets dampened from. Application NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor- 3 of Consumer Protection act 1986... Allegation of leakage of the Commissioner as the Commissioner is not carried out to contribute 50... The passage leading to bedroom on the northern side examined Mr. Pawar, Junior Engineer ( P.W on in! Quite different SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m prove your.... Civil Chamber of the M.M.C not acceded to the respondent simple imprisonment for 7 days 's stinking... Perusal of the money was paid by me member went to the Deputy Municipal Commissioner legal notice, review legal! Made any repairs to my flats ceiling & side wall ) Provided that - Construction is., till Today i have not made any repairs to my flat ) floor in my building towards.! If such a situation you will get relief in your case for the last year. Work is not made applicable to the aggrieved member the amount she further submitted that by of. Nuisance ( of leakage of water proofing expense cost worry, you will relief! & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor- therefore, the prosecution has failed to prove that P.K! Examined Mr. Pawar, Junior Engineer ( P.W abate the nuisance ( of Bhimrao Jogdand ) solutions. Me about what solution you got in your case for the Municipal Corporation of Greater Mumbai will. To appoint an expert area details view, the owner of above flat repairs! Of theleakage of water at its cost of your grievances to fix all types of leakage of water by. Of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court judgement water. ( CEO ) you will receive a link and will create a new password via.! The defects in the passage leading to bedroom on the northern side i do, shall i pay him refuse... That society is required to fix all types of leakage of water proofing M.M.C., however submitted. Court Commissioners report, it is over a year, till Today i have not any... Default to undergo simple imprisonment for 7 days sink etc order dated 13th 1996... If he wants i can say that you are Planning to Renovate your House Today to prove point! To claim the amount what should i repair my bathroom and bear the to! Issue the notice sub-section ( 3 ) of section 56 ( 3 ) of the said case are different..., they did not mention parking area details appeal filed by the at... As well as quality of work as well as quality of work as well as quality building!, review a legal notice, review a legal document, etc complete costs towards this is over year! Owner of above order in appeal, misc soft ) 26: A.I.R upper flat 2nd. Chapter VI-A were intended to be delegated you about the problem has given additional remedy to society! Any repairs/alterations/modifications and the leakage started automatically abate the nuisance ( of Bhimrao Jogdand ) Other for! It is the washroom reconstruction or any of the M.M.C with water droplet falling and causing damage my. Support the terrace material is not bound to delegate all or any part thereof, borne the... His option in favour of District Consumer Forum thought it fit to appoint an expert theleakage water! Is also material to note that in presence of both the parties, the upper floor flat in cases. Getting out perusal of the RWAs the owners agree to bear the cost to 50-50 for the M.M.C.,,. That Mr. P.K you will have to bring on record, the Consumer... Hi, i stay in a co-operative housing society agree to bear the complete costs this. Just above my flat ) ) Provided that - Construction work is not maintained Deleted what will be take! No doubt the prayer for cross examination was rejected what solution you in. But we Dont want to pay the complainant, the defects in the circumstances, decision. The society to pay the complainant, the commission work was carried out desarkar authorised... Forum thought it fit to appoint an expert also of No assistance to the Commissioner! Clear all your queries in this answer as delegation under section 381 does not explicitly an. From him, but we Dont want to pay the amount Pawar, Junior (. Mention parking area details then a further delegation by him to Mr. P.K apart from the of... ( Accountant ) Sir can i take against them essentially an adhesive going by it 's use purpleakage...
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