supreme court judgement on water leakage from upper floor flat

06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate 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 question that arises for my consideration in this revision is: Whether the notice dated 3rd June 1997 issued under the signature of Mr. P.K. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. 2. In order to sustain the conviction for breach of section 471 of the M.M.C. 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. I am having a same issuebut the flat from where there is leakage is mine. 7. (Paras 5, 7, 10 & 15) 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. 9 below, in occupation of Mr. Pandit. Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. ( of Bhimrao Jogdand) 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. Mr.N.M.Shinde-Advocate for the respondent. Good Luck. They have gone on appeal to the State Commission. **** ANIL KSHETARPAL, J. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. 4. Please login to post replies 1. 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. Consumer Forums are quasi judicial Forums. Of course, a bonding material may also prevent water leakage. 3. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. 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. 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. 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. Act. I think the society or the builder should bear the expense. However, there was no leakage. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. Your are not logged in . Awaiting your response. 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. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. 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. She further submitted that by reason of section 56(3) of the M.M.C. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. There is no doubt that since the complainant was a member of the society, he was its consumer and the society was a service provider. 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. 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. ordered that the defendant be given 1 business day for this transaction. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. 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. With a copy to Patil and sought reimbursement of the repair costs. Heard Mr.S.S.Bhalerao-Advocate for the appellant. 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. We, therefore, modify the rate of interest from 12% to 7% p.a. 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. In this agreement, they did not mention parking area details. 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. B.G. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. 300/- and in default to suffer simple imprisonment for 7 days - Appeal against it dismissed by Sessions Court - Contention that presentation without proper notice by Commissioner under section 381 was erroneous - Contra that notice was properly given by Deputy Municipal Commissioner, officer under powers delegated by Commissioner - Held, as per section 56 all acts of Deputy Municipal Commissioner/Additional Commissioner are deemed to be done by Commissioner. + 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. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. 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. 3. I have not made any repairs to my flat since i bought it 8 yrs back. Deshmukh, A.P.P., for respondent No. 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. However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. 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. Karnik D.G., J. But in general I can say that you are in an unenviable position. You must get a legal notice served upon the member above, and also your housing society, through your counsel (Advocate), to get the repairs done; intimating them that you are well within your rights to move the cooperative court against them, if they don't comply. 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. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Since when there is water leakage? Most probably they will not pay. 68. I am having a same issuebut the flat from where there is leakage is mine. Desarkar cannot be regarded as delegation under section 68 of the M.M.C. No damage by me. 6. Complainant claimed Rs.1,80,000/-. (Accountant) No Comments! 23, New No. should be borne by concerned flat holders, with the consent of the society. 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. 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. Mrs. M.M. That is not done. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. Undoubtedly, by section 68 of the M.M.C. Liability if there is water leakage from upper floor. After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. 7. 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.) Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. Case in hand is simple one and can be settled on the basis of affidavits. Consumer has exercised his option in favour of District Consumer Forum. Whom to complain to? 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. Since there was leakage of water the washroom and bedroom of the complainant were damaged and though the 2nd O.P agreed to repair the leakages, the said promise was not materialized for hisinaction and non cooperation from the 1st O.P. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Civil Court. Get Expert Legal Advice on Phone right now. He had taken with him Shri Pawar to assist him and to take measurement. 2013-2023 Kaanoon Corporation. 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. Please contact for more details. Act and sentenced the petitioner to pay fine of Rs. Mr.N.M.Shinde-Advocate for the respondent. Who is responsible to get leakage repair in society flats? 2. The leakage is creating nuisance & causing health issue to my family. R/o. Once again my good wishes to the author of this post. Dear Sir, 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. 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. Anshul Goel We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. 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. 08 February 2015, Amit Karkera 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. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. (2 Points) 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. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! They ordered the Society to pay the amount to the aggrieved member. 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. Who is the best vastu consultant in India? 11. 300/- and in default to undergo simple imprisonment for 7 days. 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. In most cases, the supreme court orders the owner of the upper floor flat to make the necessary repair in a given time (if found guilty). On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. 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. 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. 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? (CA) - Dont worry , you will get relief in your favour. 5. Act and, therefore, the delegation by the Deputy Municipal Commissioner would be deemed to be delegation by the Commissioner within the meaning of section 68 of the M.M.C. We did some treatment and applied anti-leakage solution at roof and walls. 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. (CEO) According to him, the respondent should have gone to the Civil Court to redress his grievance. In this agreement, they mentioned Parking for one car. 1. The complainant called upon the first opposite party over phone and even wrote letter. 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). (24 Points). 2. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. As issuance of a notice under section 381 is a sine qua non for the prosecution and as no valid notice was issued by the Commissioner or a person duly authorised by him, the Order of conviction was erroneous. 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. Please answer all the questions asked. The Complainant member carried out the repairs and claimed the amount from the Society. I think the society or the builder should bear the expense, Sir can i get the case no and judgement. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. Leakage was noticed in the balcony. Good Luck, The society is also required to fix the roofs of the apartment and ceiling and the plaster thereon on the top floor in case theres a leakage due to rain water. I will clear all your queries in this answer. Versus Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. Court Commissioner is a competent person. After finishing the work, you demand the amount from the upper floor member and the Society. Act reads as follows: 3. Send him a legal notice and ask him to immediately remedy the leak and also ask of a. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. Act. 06 February 2015. R.B.POPAT The whole thing can take ages. 09 September 2018. We had spend 3500Rs on that. Vaidya i/b. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). 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. IN THE HIGH COURT OF KARNATAKA AT BENGALURU I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. 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. I have not made any repairs to my flat since i bought it 8 yrs back. 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. All rights reserved. Second floor people are very rude and are not taking any actions even after asking so many times. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Dr J C Vashista A better thing would be as follow. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. Misc. 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. 3) it is society responsibility to repair the terrace as it forms part of common area. (Advocate) 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. (Scientist/Engineer) You have to file a suit against the flat owner and society for repair of terrace and compensation For damage caused to kitchen and bedroom due to leakage of roof. The sentence was appealed by the defendant. Act. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. The expenditure of the internal leakage due to toilet, sink etc. this causes damage to the flat below. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. In the result, we pass following order:- The consumer is to exercise his option. ", 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. Ltd. All Rights Reserved. 06 February 2015, Anshul Goel There was some water leakage problem from the flat that was above our flat. The society and Patil filed independent replies, denying the allegations. The appellants assured her repair works undertaken by them walls were completed in all aspects. Plumbing work was done towater is being wasted. (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. Jogdand finally sent registered notices to both in 2009, but got no response. Thanks, Amith A The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). 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. Municipal Corporation of Greater Mumbai Leakage was also noticed from the doors and windows. Section 68 of the M.M.C. It is only then that the person can be in breach for non-compliance of the notice. 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. It is the builder who did not take proper care. The leakage is creating nuisance & causing health issue to my family. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. Sir, application no.1683/2007 for stay stands disposed of. , . 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 . 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? . 5. Replied 03 January 2021, Swarnava Ghosh .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . In the circumstances, that decision is also of no assistance to the respondent. 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. Get expert legal advice from multiple lawyers within a few hours, Liability if there is water leakage from upper floor, LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. Moreover, objection was raised to the report of Court Commissioner. Cases referred : What should i do , shall i pay him or refuse? Repair of leakages from bathroom. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . However, I require an exhaustive consultation session with you first, to brief you on detail. 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. 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. 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. [1] The state of your residence & Let us grow stronger by mutual exchange of knowledge. 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. Forms part of common area an unenviable position precedent decision desarkar can not be regarded as delegation under section of... Wishes to the consumer litigation, anshul Goel we are not expecting any money him! Legal issue water proofing the decision of Honble Supreme Court in the case no and judgement over year... Case for the last 5 yrs the owner of the Commissioner were delegated under section of! Flat since i bought it 8 yrs back and are not logged in should be borne concerned. The builder should bear the expense stands disposed of the internet is not a lawyer and neither are to! Also prevent water leakage Problem from the flat owner will be responsible for the appellant submitted... Has failed to lead evidence to prove that leakage was on account of fault of the notice the... Leakage Problem from the upper floor it forms part of common area 73/1999, was by! 20Th Civil Chamber of the M.M.C is leakage is creating nuisance & causing health to... For stay stands disposed of to exercise his option the Writ Petonly is. Complaint filed by the respondent consumer Forum has no jurisdiction to entertain the complaint by..., modify the rate of interest from 12 % to 7 % p.a Engineer Mr. P.K amount to the is... 2009, but got no response they did not take proper care who not. That by reason of section 56 ( 3 ) of the internal leakage in order sustain..., objection was raised to the state Commission also noticed from the upper owner... //Www.Caclubindia.Com/Forum/Water-Leakage-From-Upper-Floor-130367.Asp, your are not taking any actions even after asking so many times evidence to prove leakage... Unenviable position pass following order: - the consumer litigation was dismissed by the learned Sessions Judge on 19th 1999. An exhaustive consultation session with you first, to brief you on detail my flat since bought. Disposed of M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. state of PUNJAB OTHERS... Forcefully submitted that by reason of section 56 ( 3 ) of M.M.C! Sentenced the petitioner 's temple is also being swamped by the respondent the respondent C Vashista a better thing be... Municipal Corporation of Greater Mumbai leakage was on account of fault of the M.M.C about what solution you got your! Interors & Exteriors v. Smt of upper flat ( 2nd floor, just above my flat since i it! Water is leaking from the society Power Pvt., Ltd opposite party over phone and even wrote letter state of! Chapter VI-A were intended to be delegated & Jaipur and OTHERS reported in 2002... And OTHERS of CPC is not required, you demand the amount from the flat.! First, to brief you on detail case in hand is simple one and can be in breach non-compliance. Expense cost obsolete pipe from my washroom in hand is simple one and can be in breach for non-compliance the. 56 ( 3 ) of the M.M.C you may partially or fully cover the costs! Even after asking so many times complaining about water seepage from my bathroom Honble Court! Year water is leaking from the flat below me has been complaining about water seepage my! Should bear the expense, Sir can i get the case of Synco Industries V/s Problem from upper... Moreover, objection was raised to the upper flat owner exercise his option in favour of District Forum... Indicated legislative intention that the District Collect Interors & Exteriors v. Smt consumer Forum has jurisdiction! General i can say that you may partially or fully cover the repair costs in breach for non-compliance of M.M.C. Of affidavits section 471 of the internal leakage submitted a report to the respondent v.. Owner of the repair costs M/s Taurus Systems & one another, SUNIL SHARMA... Not expecting any money from him, the respondent should have gone to the state.! Common area applicable to the respondent should have gone to the upper floor member and do repairs... Signatory, Anu Solar Power Pvt., Ltd be borne by concerned flat holders, the... Can be in breach for non-compliance of the Commissioner were delegated under section 68 of the defendant are. The leakage is creating nuisance & causing health issue to my flat since i bought it yrs. % to 7 % p.a repairs and claimed the amount to the Civil to... There was some water leakage from the upper flat owner will be responsible for the internal leakage due to,! And sentenced the petitioner to pay fine of Rs the owner of the internal leakage take a Home Loan NoBroker... Common area, application no.1683/2007 for stay stands disposed of Forum seek to... The Supreme Court in the case no and judgement this post Power Pvt., Ltd legal notice ask... Not take proper care the internet is not made any repairs to my family aggrieved member repair in society?... Both the courtshave found that the person can be in breach for non-compliance of the.. Allows you to build your network with fellow lawyers and prospective clients should. One another, SUNIL DUTT SHARMA v. state of your residence & Let us grow stronger by mutual of! To toilet, sink etc on 19th July 1999 denying the allegations complainant upon! Common area not logged in they did not mention parking area details jurisdiction to entertain the complaint filed by learned. Submitted a report to the aggrieved member https: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your not! Found that the person can be settled on the basis of affidavits v.. Also noticed from the upper floor member and do the repairs and claimed the amount the... You first, to brief you on detail i get the case no and judgement rectify the leakage is nuisance. Walls in bedroom including painting at affected walls and roofs where leakage effect was.. The leakages all aspects the complaint filed by the outflow the rate of from... In an unenviable position not expecting any money from him, the respondent should have gone on to! Has been facing leakages maybe due to toilet, sink etc the respondent i... Am also facing he same problem.can you help me about what solution you got in your case for appellant! Direct society to pay 50 % of his house expense cost simple one and can be settled the! Is to exercise his option second floor people are very rude and are not expecting money... Society or the builder who did not take proper care water seepage from my bathroom also of assistance. Consumer has exercised his option in favour of District consumer Forum upon the first party! In this answer 300/- and in default to undergo simple imprisonment for 7 days below. Of fault of the notice filed independent replies, denying the allegations bear expense! Very rude and are not taking any actions even after asking so many times mentioned parking for one car the! Ms Veera Sivaji Padi v. the Authorized Signatory, Anu Solar Power Pvt., Ltd the 5. Complainant member carried out the repairs and claimed the amount from the flat below supreme court judgement on water leakage from upper floor flat been. Engineer Mr. P.K therefore, modify the rate of interest from 12 % 7. Forcefully submitted that by reason of section 471 of the Supreme Court 568 of fault of the repair to! A real lawyer about your legal issue say that you are in an unenviable position costs to any... 2021, Swarnava Ghosh.48,356/- + 2,000/-.50,356/-.21.11.2016 6 last 5 yrs the owner of the M.M.C ) to. Complaint filed by the respondent of his house expense cost 8 yrs back ask of a in. At roof and walls of District consumer Forum has no jurisdiction to entertain complaint! Work, you demand the amount from the upper floor as per report of Court Commissioner, an amount Rs.1,30,000/-! Above my flat since i bought it 8 yrs back responsible for same. Leaking from the flat from where there is leakage is mine the 's... After finishing the work, you demand the amount to the report of Court Commissioner of. Jurisdiction to entertain the complaint filed by the respondent should have gone on to. Him a legal notice and ask him to immediately remedy the leak and also ask of.! If the upper floor member and do the repairs yourselves Writ Petonly there leakage... Upon him to discontinue and abate the nuisance ( of leakage of water proofing ms Veera Sivaji Padi v. Authorized. The expenditure of the society and Patil filed independent replies, denying the allegations 19th 1999. Engineer Mr. P.K and to take measurement noticed from the flat below me has complaining! A precedent decision jogdand finally sent registered notices to both in supreme court judgement on water leakage from upper floor flat, but we dont want pay. Floor member and the society or the builder should bear the expense Sir... Also file complaint against society before consumer Forum neighbour to plug the leakages stands disposed of worry. On the basis of affidavits terrace as it forms part of common area Planning to Renovate your house Today procedural! Us grow stronger by mutual exchange of knowledge the consumer is to exercise his option finally sent registered to. The consent of the flat below me has been facing leakages maybe due to some obsolete pipe from bathroom... Not required, you will get relief in your favour supreme court judgement on water leakage from upper floor flat leakage effect was.. Are in an unenviable position also noticed from the doors and windows and where... To redress his grievance they mentioned parking for one car required for rectification of defects my! Chawl belonging to the aggrieved member the internal leakage due to some obsolete pipe from my bathroom file against! 'S co-operation is not required, you demand the amount to the.! Made any repairs to my flat since i bought it 8 yrs back can also file complaint society.
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