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No Comments! 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. Matter pertains to the construction. 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. 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. 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 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. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. Hi, I stay in a co-operative housing society. 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. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit the same to the Society as well as to the flat resident below your flat through Advocate for your safe side. Act. (NA) 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. Concerned flat holders is a unclear term and a source of dispute. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. 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The appellants had not acceded to the request of the respondent. Consumer has exercised his option in favour of District Consumer Forum. Act. They maintained that the court order was to the Managing Committee members. Fine, if it has been paid, be refunded to the petitioner. 9. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! There was some water leakage problem from the flat that was above our flat. 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. Learned Advocate Mr.Bhalerao then submitted that the District Consumer Forum should not have relied upon the report of Court Commissioner, when his request for cross examination was rejected. 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. 7. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. 0.1255, Illegal monumental pile in front of my house what can i do. 6. 6. From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. 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 will clear all your queries in this answer. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. You will receive a link and will create a new password via email. Please login to post replies Same was for the bedroom walls. No Comments! What are the reviews of Godrej Splendour, Whitefield, Bangalore. Dr. MPS RAMANI Ph.D.[Tech.] Your are not logged in . Mr.N.M.Shinde-Advocate for the respondent. IndianCitizen 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. (21 Points) Then you can go to court to claim the amount. [2] The status of your redidence, whether a tenant or an owner. Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. Desarkar was authorised to issue notice under section 381 of the M.M.C. 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. (CEO) Even gallons of water loss is happening due to leaking pipes of second floor every day. The victim apartment resident, who expressed to his neighbor that there was damage in his house and that he had to make the necessary renovation, went to the Civil Court of First Instance because his neighbor did not heed the problem. + 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. Deshmukh, A.P.P., for respondent No. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. Karnik D.G., J. 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. (S.R.Khanzode) (B.B.Vagyani) Lawyers are available now to answer your questions. It is the builder who did not take proper care. The expenditure of the internal leakage due to toilet, sink etc. 5 Days LIVE GST Certification Course with CA Sachin Jain. 11. 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. Replied 03 January 2021, Swarnava Ghosh The owner of above flat wants us to contribute for 50% of his expenditure. V/s. My bathroom's was stinking and its roof's paint and pop was getting out. Sub-section 2-A also provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner are appointed, the Commissioner may prescribe the respective spheres of operation of them meaning thereby he may delegate some powers to the Deputy Commissioner and some powers to the additional Deputy Commissioner or additional Deputy Commissioners and he may retain some powers to himself without delegating them to the Deputy Commissioner or an additional Deputy Commissioner. Whom to complain to? For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). What will be the take on BMC in this? Your experience on this site will be improved by allowing cookies. I am very conservative with my water usage in my bathroom, still there is a leakage. In the circumstances, that decision is also of no assistance to the respondent. Get legal answers from lawyers in 1 hour. 09 September 2018. After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. I think the society or the builder should bear the expense, Sir can i get the case no and judgement. 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. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? 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. No damage by me. After finishing the work, you demand the amount from the upper floor member and the Society. Appeal is partly allowed. 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. Now this issue got a recognition as a deficiency in service by housing societies managements and is no longer allowed to persist. 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. In every such society residence of one flat out of every four flats faces this problem with no solution. 06 February 2015. & anr. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. 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. , . 5. Whom to complain to? Please let me know what action can I take against them. The complainant called upon the first opposite party over phone and even wrote letter. Act. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. If there is terrace above your flat then the Society is responsible. 1965 S.C. 1486. DATED THIS THE 12THDAY OF SEPTEMBER, 2022 comprised in Old Survey No.23, New Survey No.21, and consequently, direct the respondents to maintain the pond by carrying out the repaid work to arrest or stop the leakage of water based on the applicantsrepresentation dated 20.05.2015 and pass such further or other orders. - If, within 15 days of time , they refuse to do the same, then you should file a suit for Injunction for the direction to the upper owner . Municipal Corporation of Greater Mumbai Most probably they will not pay. 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. 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. 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. They have gone on appeal to the State Commission. 2. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. 9. 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. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . 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. Please inform: I am having a same issuebut the flat from where there is leakage is mine. The revision application is accordingly allowed and the petitioner is acquitted of all the charges. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. 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. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. 300/- and in default to undergo simple imprisonment for 7 days. 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. Housing societi. 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 appears to have been an undisputed position. Mrs. Aliya I. Pathan, for respondent No. Case in hand is simple one and can be settled on the basis of affidavits. 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. Complain to police for creating nuisance and mischief. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. The side walls in the hall also gets dampened apart from the toilet ceiling. Leakage was also noticed in the passage leading to bedroom on the northern side. Criminal Revision Application No. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. 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. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. 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. Give the names of the upper floor member and the Society/Association as opposite parties. 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. 2013-2023 Kaanoon Corporation. Section 381 of the M.M.C. 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. The prosecution examined Mr. Pawar, Junior Engineer (P.W. 9. Patil did not do anything Please answer all the questions asked. (2 Points) Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! rights reserved by Moya Homes. 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