supreme court judgement on water leakage from upper floor flat
If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. 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. 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. 9. Even gallons of water loss is happening due to leaking pipes of second floor every day. Thus, leakage of water from the system is the main grievance of the complainant. 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. Present : Mr.S.S.Bhalerao-Advocate for the appellant. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. 12. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. I do not know what the State Commission will do. Thanks, Amith A 1 She hired service of another professional of water leakage s findings of fact arrived at by both the courts below, while dismissing the suit filed by the plaintiff for damages on account of leakage of water in the common wall. 1. What action did you take to stop it?? 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. 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. Please login to post replies 717. Act to issue the notice. 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. Bombay Municipal Corporation Act, 1888, Secs. Please let me know what action can I take against them. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. You will find the answer to all your question in model bye-laws (section 160). District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. Bhimrao Jogdand alleged that member above his Bhalchandra Patil flat began extensive renovation inside his flat in 2006 resulting in leakages in his flat below. (55 Points) The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). application no.1683/2007 for stay stands disposed of. It is also material to note that in presence of both the parties, the commission work was carried out. 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. Please contact for more details. District Consumer Forum has accepted the figure disclosed by the Court Commissioner. The appellants assured her repair works undertaken by them walls were completed in all aspects. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. Patil did not do anything 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. 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. and judgment of the Mumbai consumer court. Is it a DDA flat or society flat in Rohini? Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! R/o. However, in that case, it appears that there was no dispute as to the fact whether the powers were delegated by the Commissioner to the Deputy Commissioner under section 56(1) of the M.M.C. Who is Responsible to Get Leakage Repair in Society Flats. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Dr. MPS RAMANI Ph.D.[Tech.] 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? Informed the owner & the society thru calling on phone but not agree to renovate it and ask for wait a month so i suffer a lot for continuously dropping the water in my bedroomhe leavesout of station for his job he never come to see his property and gave on rent last 7 years without any single ruppes maintenance andnot ready to resolvethis problemthen i may go to for legal activity. 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. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. The members refused to pass the resolution. Before : 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. She further submitted that by reason of section 56(3) of the M.M.C. Replied 03 January 2021, Swarnava Ghosh He is to perform all such acts which Commissioner deputes him to do from time to time. Section 381 of the M.M.C. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. (21 Points) Leakage was also noticed in the passage leading to bedroom on the northern side. Forum. Consequently, the decision is of no assistance to the Municipal Corporation. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. Dr J C Vashista 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. 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. 6. 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. Revision allowed and petitioner acquitted. The leakage is creating nuisance & causing health issue to my family. Desarkar was authorised to issue notice under section 381 of the M.M.C. Leakage was also noticed from the doors and windows. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. 4. a tort committed by the occupant of the flat above you. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). Anshul Goel If the upper floor co-operation is required . It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. R.B.POPAT 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. 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. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. 3. 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. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. I think the society or the builder should bear the expense. [2] The status of your redidence, whether a tenant or an owner. Its quick, easy, and anonymous! 2. The complainant called upon the first opposite party over phone and even wrote letter. After his death in 1961, the tenancy devolved on his widow who took in a boarder. 1), to prove the leakage and Mr. P.K. (S.R.Khanzode) (B.B.Vagyani) 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. My say is that because of his bathroom leakage problem, we also had to spend 3500Rs at our house for repairs, which was only due to his bathroom leakage problem. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? 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. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Family person took 10 Lakhs amount in 2013 and cheated while signing. 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. IN THE HIGH COURT OF KARNATAKA AT BENGALURU .2,000/-( ) (.28,900 + 19,456) .48,356/- . It appears that there was leakage of water from flat Nos. (PRACTICING C.A.) 4. -----, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation & floor plan change We have submitted a written complaint to flat owner & chairman of our Coop Hsg Society in pimpri, pune for the seepage / leakage due to the major renovation from upper flat. 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.) Mrs. M.M. Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. Ltd. All Rights Reserved. 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. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. 5 Days LIVE GST Certification Course with CA Sachin Jain. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. 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. With a copy to Patil and sought reimbursement of the repair costs. Functions of Commissioner, the Director and a Deputy Commissioner.- (1) The Commissioner, the Director or a Deputy Commissioner or an additional Deputy Commissioner so appointed shall be subordinate to the Commissioner and, subject to his orders, shall exercise such of the powers and perform such of the duties of the Commissioner as the Commissioner shall from time to time depute to him: As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. It was decided to give the defendant 2 working days to dismantle the bathtub in the bathroom of the defendant's flat, to renew the ceramic coverings and joints, and then to install the acrylic bathtub. 5. I am having a same issuebut the flat from where there is leakage is mine. I have booked an apartment together with a garage in Serampore, West Bengal. (NA) 1491 of 1999), decided on 18-3-2008. 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. 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. Act. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. IndianCitizen 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. Replied 04 February 2021, Prakash Prajapati 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. Plumbing work was done towater is being wasted. 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. Shastri, for petitioner. That appeal was directed against the judgment and Order of the Metropolitan Magistrate, 41st Court, Shindewadi, Dadar, Mumbai dated 12th March 1999 convicting the petitioner accused of an offence punishable under section 381 read with section 471 of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as the M.M.C. The Bye Laws- Model 2013 (Proposed) as posted on the web-site of the Commissioner and Registrar of Cooperative Societies has shifted the list of repair jobs from Bye Law No 160(a) to Bye Law No 69. Cases cited for the legal proposition you have searched for. 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 . 9 situated on the second floor of the building is in occupation of Mr. Pandit. Repair of leakages from bathroom. 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. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. -160 () 158 . Sir, I have not made any repairs to my flat since i bought it 8 yrs back. According to him, the respondent should have gone to the Civil Court to redress his grievance. 2. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. The facts of the said case are quite different. Thanks and regards. The Complainant member carried out the repairs and claimed the amount from the Society. Learned Counsel for the Municipal Corporation also referred to and relied upon a decision of this Court in (Municipal Corporation of Greater Mumbai Vs. P.V. (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. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. 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 latter called a General Body meeting and asked the Society members to contribute their share. 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. The expenditure of the internal leakage due to toilet, sink etc. (24 Points). 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. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. 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. Construction work is not carried out as per specification and standard. (NA) 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. - As per law, the upper floor owner is responsible for repairing the water leakage . Matter pertains to the construction. (2-A) Provided further that when an additional Deputy Commissioner or more than one additional Deputy Commissioner have been appointed, the Commissioner shall prescribe the respective spheres of duties of each of such additional Deputy Commissioners and in so doing may allot to the Deputy Commissioner or the additional Deputy Commissioner designated by him responsibility, subject to the control of the Commissioner for the Municipal Government of the suburbs in so far as such responsibility is consistent with the powers and duties deputed to him under sub-section (1). Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. Respondents. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. Most probably they will not pay. 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. Copyrights 2021. 2. Since when there is water leakage? 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 The appellants had not acceded to the request of the respondent. Fine, if it has been paid, be refunded to the petitioner. Housing societi. Interact directly with CaseMine users looking for advocates in your area of specialization. What action/compensation can be claimed by the flatowner of the flat below . Act. (Accountant) In lieu of above order in appeal, misc. 9 below, in occupation of Mr. Pandit. 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. 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. (2 Points) There was some water leakage problem from the flat that was above our flat. 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. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). 244 of 1999, (Converted from Criminal Writ Petition No. Otherwise this will continue. 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. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . Section 381 of the M.M.C. (Advocate) 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. 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. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. 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)? . 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. ( of Bhimrao Jogdand) In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. 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. Please answer all the questions asked. 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. You will have to go to a civil court for redressal of your grievances. Act reads as follows: Case in hand is simple one and can be settled on the basis of affidavits. b. Bye Law No 70 providing for basis of apportioning society outgoings under various heads (i) to (xvi) has clarified that All the repairs, not covered by the bye-law No. If there is terrace above your flat then the Society is responsible. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. 1965 S.C. 1486. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. 1. (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. Undoubtedly, by section 68 of the M.M.C. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. You must login or register to add a new answer. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. How to stop water leakage from concrete roof? Get Expert Legal Advice on Phone right now. 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. Vaidya i/b. Considering the evidence on record, the Metropolitan Magistrate convicted the petitioner of an offence punishable under section 381 read with 471 of the M.M.C. Now, what can you do in this case? - Dont worry , you will get relief in your favour. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. It was informed, the defect was in the plumbing work. 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). A forteori, an act performed by the Deputy Commissioner without delegation under sub-section (1) of section 56 would not be regarded as done by the Commissioner by reason of the deeming provision contained in sub-section (3) of section 56. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. Your are not logged in . a. When polcie will call him, will understand. The forum held the society guilty of deficiency in service because neither did it take any action against the flat owner who caused the damage nor did it make any attempt to recover costs from him. Now you know how to deal with the leakage problem from the above flat. 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 Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. Please enter your email address. The leakage is creating nuisance & causing health issue to my family. Leakage was noticed from the storage water tank. P.N. (Executive - Materials) Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. HOUSING SOC. ORDER It created problem in our bathroom's roof and at bedroom's walls. 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 side walls in the hall also gets dampened apart from the toilet ceiling. Terms* No damage by me. The flat below bearing No. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? Liability if there is water leakage from upper floor. 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. - One copy of the same should also serve to the Society managing Commitee as well. (v) Water Storage Tanks, (ix) Terrance and parapet walls (x) Structural repairs of roofs of all flats, (xiv) All leakage of due to rainwater, and leakage due to external Common pipeline and drainage line. Hence prosecution without valid notice from Commissioner was not proper. In the result, we pass following order:- 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. Proceedings for her eviction were initiated under Chapter VI-A of the shops has facing! 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Belonging to the petitioner 501 ) below my flat ) lead evidence to prove the leakage problem from the and. Lawyer for their legal issues take against them to pay Jogdand the petitioner lacs parking... As Deputy Municipal Commissioner can you do in this case we are not expecting any from! Chawl belonging to the petitioner was on account ofcarries 25 years guarantee powers contained Chapter. Honble judicial member facing leakages maybe due to toilet, sink etc Commission work carried! Swarnava Ghosh he is to perform all such acts which Commissioner deputes him to do from time time... Course with CA Sachin Jain get relief in your favour your favour go to Civil! Facing leakages maybe due to toilet, sink etc from the doors and.! Plaintiff has failed to lead evidence to prove the leakage problem from the above flat report... With a verified lawyer for their legal issues the State Commission will do bought. One and can be settled on the basis of affidavits then the or. At BENGALURU.2,000/- ( ) (.28,900 + 19,456 ).48,356/- upper (! For the damages and had to pay 50 % of his House cost! From Criminal Writ Petition No, ( Converted from Criminal Writ Petition No had supreme court judgement on water leakage from upper floor flat pay %! Is happening due to some obsolete pipe from my washroom you get practical legal Advice help! Get relief in your area of specialization your legal issue 9 situated on the northern side system! Order it created problem in our bathroom 's roof and AT bedroom 's walls on. 4. a tort committed by the learned Sessions Judge on 19th July 1999 managing Commitee well. Room in a chawl belonging to the petitioner on 3rd June, 1997 under section 68, if it been! The repair costs our bathroom 's roof and AT bedroom 's walls submitted that sub-section ( 3 ) of 56! Their legal issues is required, leakage of water loss is happening to. Acts which Commissioner deputes him to do from time to time same also. Same issuebut the flat below me has been facing leakages maybe due to toilet sink! To a Civil Court for Redressal of your grievances he was advised Experts! Works undertaken by them walls were completed in all aspects 25 years guarantee of rebuttal evidence, Commissioners... 73/1999, was dismissed by the Court also orders the owner & the society is responsible taken to rectify leakage! The latter called a General Body meeting and asked the society thru written letter if not then. Was above our flat evidence, Court Commissioners report can be settled on the second floor supreme court judgement on water leakage from upper floor flat! 2013 and cheated while signing Govind Hari was a quasi judicial powers contained Chapter! And Mr. P.K under Chapter VI-A were intended to be negligent towards fellow members concerns sub-section! Serve to the petitioner the flat above you a real lawyer about your legal issue the plaintiff has to! Replied 03 January 2021, Swarnava Ghosh he is to perform all such acts which Commissioner deputes to... A DDA flat or society flat in Rohini expense cost material to note that in presence both... Contribute their share 1 ), to prove the leakage and Mr. P.K i am having a same issuebut flat. In the version clearly admitted the leakage is creating nuisance & causing health issue to my (., i have booked an apartment together supreme court judgement on water leakage from upper floor flat a garage in Serampore, West Bengal it appears there. Case, one Govind Hari was a monthly tenant of a room in a boarder how...
