Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 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.
Court: Citizen can't be made to run around just to fix leak A magistrate's court has convicted and fined a housing society and its office-bearers for not fixing a n extgernal leakage despite a .
Is it a DDA flat or society flat in Rohini? 5. The Chamber decided to unanimously uphold the court decision. 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. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. That appears to have been an undisputed position. 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. 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. Act. 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. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. The petitioner did not adduce any evidence in defence. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. - Dont worry , you will get relief in your favour. Therefore he will be held responsiblefor getting the same repaired. Building and construction very much falls within the purview of Consumer Protection Act, 1986. Please enter your email address. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. Be the first one to comment. (S.R.Khanzode) (B.B.Vagyani)
Get legal answers from lawyers. 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.
Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! Mr.N.M.Shinde-Advocate for the respondent. , .5,000/- .5,000 complaint.
We do not agree with Learned Advocate Mr.Bhalerao. 06 February 2015, Anshul Goel
Get legal answers from lawyers in 1 hour. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. The latter called a General Body meeting and asked the Society members to contribute their share. 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. 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. He is to perform all such acts which Commissioner deputes him to do from time to time. 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. Of course, a bonding material may also prevent water leakage. A consumer forum here has ordered a flat owner to pay Rs two lakhs to a resident on a floor below his as cost of repairs for leakages and compensation. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential!
Act. After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. 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. 5. - You should first serve him with a legal notice through an advocate asking him to repair/rectify the cause of water leakage in your flat.
I am leaving on first floor in my building. District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. Most probably they will not pay. Sir, perused your problem in details. Then you can go to court to claim the amount.
You will receive a link and will create a new password via email. According to the old Bye-laws, it was stipulated that the society is responsible for both the external leakage and the internal leakage of the property. The sentence was appealed by the defendant.
Criminal Revision Application No. The facts of the said case are quite different. 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. 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. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. Cases cited for the legal proposition you have searched for. + 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. Court Commissioner is a competent person. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. I have not made any repairs to my flat since i bought it 8 yrs back. Act provides that whoever contravenes any of the provisions of any of the sections of the Act or fails to comply with any requisition lawfully made upon him under any of the provisions of the Act, shall be punished for each offence with fine which may extend to the amount mentioned in the Act. They signed an agreement.
Construction work is not carried out as per specification and standard. 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. 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. Th AS PER SRI T.SRIRAMA MURTHY,PRESIDENT This is a complaint filed U/s-12 of C.P.Act seeking the relief to direct the O.Ps to rectify the water leakage from plot No.304 to the washroom and bedroom of theavail.
2013-2023 Kaanoon Corporation. (Paras 5, 7, 10 & 15)
For the last one year water is leaking from the . Leakage was noticed from the storage water tank. 4. 23, New No. 9 below, in occupation of Mr. Pandit. Anshul Goel
Liability if there is water leakage from upper floor. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. 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. Act. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. 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.
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. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat, 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages, 3) it is society responsibility to repair the terrace as it forms part of common area, 4) also seek litigation costs and compensation for mental torture under gone by you. (NA)
After finishing the work, you demand the amount from the upper floor member and the Society. You will have to go to a civil court for redressal of your grievances. Be the first one to comment.
Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C.
Respondents. 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.
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. P.N. Please login to post replies
06 February 2015. 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. They have gone on appeal to the State Commission. The 2nd Civil Court of Peace, which continued its trial after the decision of non-jurisdiction of the Civil Court of First Instance, with the acceptance of the case; It is understood that the dampness, spills and blackening in the balcony and bathroom belonging to the plaintiff are caused by the defendant's apartment and the capillary gaps between the balustrades and the balcony ledge to be filled with waterproof liquid insulation materials. 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. 8. Present : Mr.S.S.Bhalerao-Advocate for the appellant.
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). (Advocate)
Leakage was also noticed from the eastern, northern, southern and western walls. Where to complaint against housing society? As of right, request for cross examination in the very matter cannot be made and entertained. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. 1491 of 1999), decided on 18-3-2008.
This section says that society is required to fix all types of leakage of water at its cost. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. 4. 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. 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. 717. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. Before :
But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. 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.
Case in hand is simple one and can be settled on the basis of affidavits. No damage by me. Please let me know what action can I take against them. Its better you both approach society and try to share the expenses equally in 3 shares. Thus, leakage of water from the system is the main grievance of the complainant. Whom to complain to? 244 of 1999, (Converted from Criminal Writ Petition No.
(2 Points)
Explain him that you need not pay anything to him. (Advocate)
2. (55 Points)
The petitioner is an occupier of flats bearing Nos. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate
Desarkar was authorised to issue notice under section 381 of the M.M.C. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. 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. Replied 03 January 2021, Swarnava Ghosh
13. 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. (Job)
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. 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. What will be the take on BMC in this? 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. about 75% of the money was paid by me. Since when there is water leakage? If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. 07 February 2015. Bombay Municipal Corporation Act, 1888, Secs. 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 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. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. Consequently, the decision is of no assistance to the Municipal Corporation.
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. Is there a RWA or MC of the CGHS? He does not get all powers of Commissioner. I do not know what the State Commission will do. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. Mr. Abhishek Bhateja, Advocate for respondent No.8. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. 1), to prove the leakage and Mr. P.K. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. 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.
The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. (Scientist/Engineer)
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According to him, the respondent should have gone to the Civil Court to redress his grievance. R/o.
The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C.
supreme court judgement on water leakage from upper floor flat