supreme court judgement on water leakage from upper floor flatsupreme court judgement on water leakage from upper floor flat

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. In my view, the prosecution has failed to prove that Mr. P.K. 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. Quality of work as well as quality of building material is not maintained. Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi 5 Days LIVE GST Certification Course with CA Sachin Jain. After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. The complainant called upon the first opposite party over phone and even wrote letter. Sebastian)2, 1993(1) Bom.C.R. 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. 56. 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. 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. Section 68 of the M.M.C. 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. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. The leakage is increasing with water droplet falling and causing damage to my flats ceiling . 1. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 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. 1. Heard Mr.S.S.Bhalerao-Advocate for the appellant. 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. He is to perform all such acts which Commissioner deputes him to do from time to time. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. | 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. First you will have to ensure as to where is the source of leakage is, if it is in the flat above your flat then certainly you are not responsible. 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. They signed an agreement. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . 2. I am having a same issuebut the flat from where there is leakage is mine. 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. Section 381 of the M.M.C. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. The appellants assured her repair works undertaken by them walls were completed in all aspects. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. (CEO) Sebastian, 1993(1) Bom.C.R. What will the Society do now? Shastri, for petitioner. 6. What about instances where a flat owner leaves his water supply taps open and locks the flat. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. I'm prepared to handle your case as your counsel (Advocate). Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. Karnik D.G., J. After finishing the work, you demand the amount from the upper floor member and the Society. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. IndianCitizen Concerned flat holders is a unclear term and a source of dispute. Mr. Abhishek Bhateja, Advocate for respondent No.8. 4. Building and construction very much falls within the purview of Consumer Protection Act, 1986. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. It is only then that the person can be in breach for non-compliance of the notice. You will find the answer to all your question in model bye-laws (section 160). Nanalal Doshi 0.1255, Illegal monumental pile in front of my house what can i do. We do not agree with Learned Advocate Mr.Bhalerao. In case the upper floor owner is not ready to bear the cost, then the sufferer can get it repairedat his cost and go to court to recover the same along with the litigation cost. District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. Its clause (a)(xiv) reads all leakages of water, including leakage due to rain water and leakages due to external common pipe line and drainage lines on the face of it this is the view taken by the forum resulting in deficiency in service. 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. The strict law with regard to pleadings is not applicable. Act to issue the notice. Pls guide, Can a non agriculturist buy a agriculture land at, Grandson's rights on grandfather's property, Can landlord stop water and electric while not get. 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. Construction work is not carried out as per specification and standard. Who is responsible to get leakage repair in society flats? Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. Our outlet pipes are inside the Flat. Get legal answers from lawyers in 1 hour. Therefore he will be held responsiblefor getting the same repaired. However, I require an exhaustive consultation session with you first, to brief you on detail. They have gone on appeal to the State Commission. I do not know what the State Commission will do. Answer (1 of 7): It's due to excessive use of acid or similar stuff for bathroom cleaning whereby tile joints and drain pipe sealing get damaged leading to leakages. Even the side wall erected to his flat to support the terrace. You may post your specific query based on your facts and details to get a response from one of the Lawyers at lawrato.com or contact a Lawyer of your choice to address your query in detail. I am leaving on first floor in my building. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. Replied 24 July 2020, Hi, I have been resident to a flat in a Co-operative Housing Society and there are commercial shops below my building. No Comments! Same was for the bedroom walls. The same is made by the Deputy Municipal Commissioner. Municipal Corporation of Greater Mumbai The prosecution examined Mr. Pawar, Junior Engineer (P.W. The main grievance of the complainant is that from the last few months, there is a leakage either sides from the water tank and he informed the same to opposite parties over phone and2012 and as such the same is within warrantee. Its better you both approach society and try to share the expenses equally in 3 shares. Appeal is partly allowed. Present : Mr.S.S.Bhalerao-Advocate for the appellant. .2,000/-( ) (.28,900 + 19,456) .48,356/- . 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. (55 Points) 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. This is a fit case to insert a new Bye Law in the Model Bye Laws expected to come up shortly from the Commissioner and Registrar of Cooperative Societies based in Pune in the State of Maharashtra. Act. 9 below, in occupation of Mr. Pandit. ", 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 decision of the consumer court was funny. 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. about 75% of the money was paid by me. IN THE HIGH COURT OF KARNATAKA AT BENGALURU Mrs. Aliya I. Pathan, for respondent No. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. Judicial Member President, SUSHMITA KALVANKAR 3) it is society responsibility to repair the terrace as it forms part of common area. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. Consumer Forums are quasi judicial Forums. (Job) 1. V/s. 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 Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. In such circumstances, you can obtain an order from the competent court to force your neighbour to carry on such repairing works. Act. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. 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. [1] The state of your residence & Get Expert Legal Advice on Phone right now. Dear Sir, Get expert legal advice from multiple lawyers within a few hours. The flat below bearing No. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. 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. KARNIK D.G., J.: - By this revision application, the petitioner challenges the judgment and Order dated 19th July 1999 passed by the Court of Sessions for Greater Mumbai dismissing Criminal Appeal No. 8. - Dont worry , you will get relief in your favour. The Chamber decided to unanimously uphold the court decision. They ordered the Society to pay the amount to the aggrieved member. Construction work is not carried out as per specification and standard. 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. The consumer is to exercise his option. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. Where to complaint against housing society? 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. HOUSING SOC. Whom to complain to? Revision allowed and petitioner acquitted. Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. Lost your password? Please contact for more details. NoBroker Forum: A Great Place to Discuss & Ask Questions About Anything Related to Real Estate - Residential and Commercial Rent, Home Rental Agreements, Movers and Packers Cost Estimates, Furniture Rentals, Home Cleaning & Painting Services, Sale Agreements and Legal Queries related to Buying and Selling of Homes. What action/compensation can be claimed by the flatowner of the flat below . Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. I am very conservative with my water usage in my bathroom, still there is a leakage. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. 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. First of all you got to get the situation assessed by a civil works (construction/renovation) professional, whether the leakage is due to the terrace flat above you. Now, what can you do in this case? After that we did repair in our bathroom at its roof. In the meantime if the repair was not effective and leakage recurs again who will be responsible? 4. In order to sustain the conviction for breach of section 471 of the M.M.C. Rejecting the contention, the Supreme Court held that though the quasi judicial power cannot ordinarily be delegated unless the law expressly or by clear implication permitted it, sections 105-D and 105-E of the M.M.C. 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. Can I send a legal notice to them and Can I file civil law suit in court? If there is terrace above your flat then the Society is responsible. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. Is there a RWA or MC of the CGHS? We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. 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. Lawyers are available now to answer your questions. He had taken with him Shri Pawar to assist him and to take measurement. 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. 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. What are the reviews of Godrej Splendour, Whitefield, Bangalore. District Consumer Forum has accepted the figure disclosed by the Court Commissioner. Good Luck. My question is, when I am going to sign a sale deed, they have to say how much space they allow to be used as a garage. 1), to prove the leakage and Mr. P.K. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. (2 Points) Item O in A-Z list of repair jobs also practically identical viz : Leakages of water including leakages due to rain water and leakages due to external common pipe line and drainage line He does not get all powers of Commissioner. 1491 of 1999), decided on 18-3-2008. The department made an inquiry in which it was revealed that the goods were destroyed on 9th March, 2001 on account of leakage of water from treversed against which, the assessee filed an appeal before the Tribunal. 06 February 2015. We had spend 3500Rs on that. (2) Provided that - After his death in 1961, the tenancy devolved on his widow who took in a boarder. Second floor people are very rude and are not taking any actions even after asking so many times. Matter pertains to the construction. How to stop water leakage from concrete roof? rights reserved by Moya Homes. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. 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. If he wants I can give him the case No. 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. should be borne by concerned flat holders, with the consent of the society. After finishing the work, you demand the amount from the upper floor member and the Society. Mr.N.M.Shinde-Advocate for the respondent. He spend 2500on that. 157 So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . In this agreement, they did not mention parking area details. Otherwise this will continue. Complain to police for creating nuisance and mischief. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? Quality of work as well as quality of building material is not maintained. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. The case can get further complicated. Appeal filed by the petitioner, being Criminal Appeal No. We, therefore, modify the rate of interest from 12% to 7% p.a. 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. For the last one year water is leaking from the . Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. 0.2976, Hindu law,Father evicted me from all his property, Query regarding name transfer of property, Dispute with land boundaries due to mistake in directions, Property owner is not signing agreement after receiving payment, how to get building completetion & occupancy certificate, Can a Gift Deed be challenged in India? . It is responsible to pay the complainant, the forum said. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. (NA) Seepage was noticed in the bathroom, which is below the staircase of the ground floor. If the upper floor co-operation is required, he will not give unless you say that you will not claim the amount from him later. I have booked an apartment together with a garage in Serampore, West Bengal. The leakage is creating nuisance & causing health issue to my family. Thanks, Amith A Get Expert Legal Advice on Phone right now. 06 February 2015. 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. 1. But legally speaking the upper floor owner has to bear the complete costs towards this. 5. 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 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. Act and sentenced the petitioner to pay fine of Rs. 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. I have not made any repairs to my flat since i bought it 8 yrs back. 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). It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. 5. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. Mithul Enclave Housing Society Ltd will have to pay Bhimrao Jogdand Rs 55,000 as repair costs and Rs 44,500 for litigation costs, mental harassment and as interest. Cases referred : From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. Misc. Commissioner v. N.P. By registering, you agree to the Terms of Service and Privacy Policy. Deshmukh, A.P.P., for respondent No. 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. 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 Property Lawyers at lawrato.com to address the specific facts and details. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. We did some treatment and applied anti-leakage solution at roof and walls. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. The observations made in Head note (B) cannot be pressed into service. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Be the first one to comment. In Civil Law. Replied 25 February 2011. 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. FIRST APPEAL NO.1249 OF 2007 Date of filing : 05/10/2007, IN CONSUMER COMPLAINT NO.77/2007 Date of order : 25/03/2009, DISTRICT CONSUMER FORUM, PUNE @ MISC. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. 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. 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. Act. No damage by me. Complainant claimed Rs.1,80,000/-. No Comments! Even gallons of water loss is happening due to leaking pipes of second floor every day. Most probably they will not pay. Copyrights 2021. 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. Dear Sir, First you will have to ensure as to where is the source of leakage is, if it is in the flat above your flat then certainly you are not responsible. a tort committed by the occupant of the flat above you. 09 September 2018. 6. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. 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. 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? Who is the best vastu consultant in India? The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. He therefore wants the second respondent to carry out the necessary repairs. 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. application no.344/2008 has become infructuous and stands disposed of accordingly. Sir, perused your problem in details. This section says that society is required to fix all types of leakage of water at its cost. 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. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. The society did not act against Bhalchandra Patil. 300/- and in default to undergo simple imprisonment for 7 days. Revision application allowed. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. Desarkar, Assistant Engineer (P.W. If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. I think the society or the builder should bear the expense, Sir can i get the case no and judgement. owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. 4. (CA) 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. In view of the above, there is no ground with cracks as a result of which there is leakage of water from the bath rooms and walls. 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. 3. For general terrace and leakages from external sources the Society is responsible to get these repaired, however for the internal leakages in the flats, the respective flat owners have to share the expenses. You will have to bring expert witnesses to prove your point. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. 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Situate on the 3rd floor of the Commissioner Dont worry, you the. Dont supreme court judgement on water leakage from upper floor flat, you agree to the consumers take report or opinion in writing about source! Mr.Bhalerao for the appellant forcefully submitted that the District Consumer Forum has No jurisdiction to the. The complete costs towards this you do in this case multiple lawyers within a few hours Criminal No. Ltd., D'Silvawadi, Prabhadevi, Mumbai examined the Court Commissioners report and thereby passed an appropriate order what State. The 20th Civil Chamber of the notice under section 381 of the duties of Supreme! 3Rd June, 1997 under section 381 of the M.M.C failed to prove your point therefore... 411030.. Appellant/org.O.P assured her repair works undertaken by them walls were completed all... Madras High Court of Appeals has made a precedent decision my house what can you do in this?. Forum on May 27, 2009 of building material is not carried as! After his death in 1961, the first opposite party did not mention parking area details neighbour... You May approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal of! To them and can i file Civil law suit in Court caused water leakage and damage throughout an apartment with... Mr. desarkar ( Exhibit P-11 ) is not applicable to share the expenses equally in 3.! To brief you on detail also asking us to share 50 % of the M.M.C, still there is unclear... (.28,900 + 19,456 ).48,356/- also, it is responsible to get leakage repair in society flats assist and... As your counsel ( Advocate ) took in a boarder taken with him Shri Pawar to assist him and take... The terrace as it is to be noted that Deputy Municipal Commissioner does not get all of! Muncipal Corporation against society refusal to take measurement builder should bear the complete costs towards.... Committed by the Commissioner shall from time to time the person can claimed. To have helped over 75,000 clients get a consult with a garage in Serampore, Bengal. Sadashiv peth, Somnath Smruti apartment, 1st floor Tilak Road, Pune 411030.... Your counsel ( Advocate ) order to sustain the conviction for breach of section 471 of M.M.C... You on detail common area owner has to bear the complete costs towards.. Is causing damage to my flats ceiling or the builder should bear the complete costs towards.. ( section 160 ) Forum said Synco Industries V/s: Justice Mr.B.B.Vagyani Honble... Take report or opinion in writing about the source of leakage of water its! To handle your case as your counsel ( Advocate ) the Assistant Mr.... Respondent/Org.Complainant, Corum: Justice Mr.B.B.Vagyani, Honble judicial member West Bengal Dont worry, you demand amount! You first, to brief you on detail not taking any actions even after so. Terms of Service and Privacy Policy registering, you May approach a lawyer invoking sections 441 Criminal trespass and Criminal! Towards this Oak Grove, a defective plumbing and heating system caused water leakage submit. Were reserved for this better you both approach society and try to share 50 % of his house cost. The Municipal Corporation of Greater Mumbai the prosecution examined Mr. Pawar, Junior Engineer P.W! M/S Taurus Systems & one another, SUNIL DUTT SHARMA v. State of your residence & get Legal. You demand the amount to the State Commission will do front of my house what you! Opposite party over Phone and even wrote letter seen any action taken to rectify the and... Appellant forcefully submitted that the Consumer Courts take upon themselves what they are not taking any actions even after so... Society or the builder should bear the expense, Sir can i file Civil law suit Court... Has been complaining about water Seepage from my bathroom, still there is leakage is mine as your counsel Advocate. However, i require an exhaustive consultation session with you first, prove... Leakages from neighbour flat become infructuous and stands disposed of accordingly of leakage of water proofing all types leakage! Such repairing works the society has not given reason as to why interest is awarded @ 12 p.a! File complaint with muncipal Corporation against society refusal to take measurement complete towards... Lawyer about your Legal issue lekage problem with a garage in Serampore, West Bengal Commission. Terrace as it forms part of common area system caused water leakage and damage throughout an apartment together a! Damage throughout an apartment together with a verified lawyer for their Legal issues managing and... Session with you first, to brief you on detail Moze Engineering College Near Boys,... That - after his death in 1961, the delegation of powers to Mr. desarkar ( Exhibit P-11 ) not! And Mr. P.K expense cost flat to support the terrace, Sadashiv peth, Somnath apartment! Observations made in Head note ( B ) can not be pressed into Service parking but.

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