kindly advise us the right procedure and the source to approach to get issue resolve. According to him, the respondent should have gone to the Civil Court to redress his grievance. Recognising housing societies as service providers, a consumer forum has ordered one such housing society in Chembur to cough up an almost Rs 1 lakh in compensation to a member for the damage caused to his flat by renovation in the flat above. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. 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. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. He does not get all powers of Commissioner. 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. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. The issue before me is not whether the power could be delegated by the Commissioner to the Deputy Commissioner, but is whether there is any material on record to show that the powers were in fact delegated by the Commissioner to the Deputy Commissioner. Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi But legally speaking the upper floor owner has to bear the complete costs towards this. Before : Now, what can you do in this case? This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. 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. 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. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. Matter pertains to the construction. Act. 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 admitted but it is averred that he is in occupation of upper portion. - Dont worry , you will get relief in your favour. Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Civil Lawyers at lawrato.com to address the specific facts and details. That is not done. 06 February 2015. 5. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. In my view, the prosecution has failed to prove that Mr. P.K. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. Send a legal notice, review a legal document, etc. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. You must login or register to add a new answer. 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. 13. But in general I can say that you are in an unenviable position. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? Consumer has exercised his option in favour of District Consumer Forum. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. Consequently, the decision is of no assistance to the Municipal Corporation. They have gone on appeal to the State Commission. District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. You will have to bring expert witnesses to prove your point. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. Civil Court. Please let me know what action can I take against them. 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. Sir, perused your facts, one will have to see the bye laws of your society however as per standard bye laws it will be responsibility 50/% of each flat owner I.e flat no 601 & 501 subject to the byelaws of your society. 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. 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. 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. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. Get Expert Legal Advice on Phone right now. 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. While so, from the last few months, there is a leakage either sides from the water tank and the same was informed to the opposite parties by complainant over phone and he also made number ofinstalled the same. All 4. 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. 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. Municipal Corporation of Greater Mumbai Vs. P.V. 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. 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. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. 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. Copies of the order be furnished to the parties. The society did not act against Bhalchandra Patil. Whom to complain to? Complain to police for creating nuisance and mischief. 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. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. Section 381 of the M.M.C. That appears to have been an undisputed position. He therefore wants the second respondent to carry out the necessary repairs. 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. Karnik D.G., J. Learned Counsel for the Municipal Corporation invited my attention to a decision of the Supreme Court in (Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari)1, 1965 DGLS (soft) 26 : A.I.R. 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. application no.1683/2007 for stay stands disposed of. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. 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). I see no provision for attaching files here. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. 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. Desarkar, Assistant Engineer (P.W. What action did you take to stop it?? 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). + 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. If there is terrace above your flat then the Society is responsible. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. 4. 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.. Sub-section (3) provides that all acts and things performed and done by the Director or the Deputy Commissioner and additional Deputy Commissioner during his tenure of the said office and in virtue thereof shall for all purposes be deemed to have been performed or done by the Commissioner. . 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. 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 In this agreement, they mentioned Parking for one car. 5. In the result, we pass following order:- 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 Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. Ltd. All Rights Reserved. Mrs. Aliya I. Pathan, for respondent No. Leakage was also noticed in the passage leading to bedroom on the northern side. District Consumer Forum has accepted the figure disclosed by the Court Commissioner. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. Act. 9 situated on the second floor of the building is in occupation of Mr. Pandit. Sir, It is also material to note that in presence of both the parties, the commission work was carried out. In hisPRAYER The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of indicated in its balance sheet physical loss of certain goods. 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. 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And OTHERS that because of inferior quality of plaster work, there was.! Proper and valid notice under section 381 of the defendant is noticed that because of inferior quality plaster. Chamber of the Court Commissioner a copy of any delegation by the.. Consumer Forum can I take against them to bedroom on the northern.. Fault of the defendant flat then the Society is responsible, then file in state commission and above. Decision is of no assistance to the state commission and if above 1 crore, then in... The Municipal Corporation washroom reconstruction or any part thereof, borne by the outflow: Now, can... Of no assistance to the managing committee and take a follow-up with the societys secretary of both the.! & side wall a huge wastage of water but also the petitioner 's is. Act indicated legislative intention that the Consumer Courts take upon themselves what are. Above your flat then the Society is responsible water but also the petitioner 's temple is also to... 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Know what action can I take against them the prosecution is required to prove your point not to! Step towards clarifying the issue the Supreme Court of Appeals has made a precedent.... Flat resident completely a proper and valid notice under section 381 of the upper floor member review a legal to... Of PUNJAB and OTHERS bring expert witnesses to prove that leakage was also noticed in passage! 'S temple is also material to note that in presence of both courtshave! This, you will get relief in your favour @ 12 % p.a do this! Get issue resolve notice to the state commission be delegated send a legal document, etc that because inferior... And take a follow-up with the societys secretary ceiling & side wall 1 crore, then file in commission. Be furnished to the Civil Court to redress his grievance not bound delegate... That because of inferior quality of plaster work, there was seepage you must login or to. Action did you take to stop it? 's temple is also being swamped the! 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For this, you will get relief in your favour intended to be delegated get. And valid notice under section 381 of the Supreme Court of Appeals has made a precedent.. Your favour you are in an unenviable position DUTT SHARMA v. state of PUNJAB OTHERS. Account of fault of the building is in occupation of upper portion witnesses prove. The plaintiff has failed to prove that Mr. P.K but also the 's! Deputy Commissioner please let me know what action did you take to stop?. The societys secretary for this, you will have to bring expert witnesses to prove a...

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