7. The society did not act against Bhalchandra Patil. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. 3. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. -----, 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. He does not get all powers of Commissioner. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. 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. The society and Patil filed independent replies, denying the allegations. It created problem in our bathroom's roof and at bedroom's walls. 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. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! Act, which reads as follows:- Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. Versus 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. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. 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. Finally I had given a letter to the President/Secretary of the Association to sort out the problem.After inspection of my flat by the board members they were very sympathetic including Secretary/President and tried in many ways to sort out the problem but could not solve it till now.As per Association decision we also agreed to pay 50% of the cost but still the Upper Flat owner is not giving entry to their flat for undertaking the repai, Connect with top Civil lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. 1491 of 1999), decided on 18-3-2008. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. Good Luck, Anshul Goel They ordered the Society to pay the amount to the aggrieved member. Ltd. All Rights Reserved. Our outlet pipes are inside the Flat. 69(a) shall be carried out by the members at their cost. 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. 5. I'm prepared to handle your case as your counsel (Advocate). 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 ofview. Consequently, delegation of powers to Mr. Desarkar by the Deputy Municipal Commissioner must be deemed to be delegation made by the Commissioner himself and therefore delegation was valid. The facts of the said case are quite different. 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. Deshmukh, A.P.P., for respondent No. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. Plumbing work was done towater is being wasted. First of all you got to get the situation assessed by a civil works (construction/renovation) professional, whether the leakage is due to the terrace flat above you. 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: 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. 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. Now, what can you do in this case? Sebastian, 1993(1) Bom.C.R. Act and sentenced the petitioner to pay fine of Rs. Get Expert Legal Advice on Phone right now. The flat below bearing No. 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? 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 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. Seepage was noticed in the bathroom, which is below the staircase of the ground floor. 5. My bathroom's was stinking and its roof's paint and pop was getting out. I have already held that there is no material on record to prove the delegation. 1965 S.C. 1486. I have booked an apartment together with a garage in Serampore, West Bengal. 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. 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. Sir, Hence prosecution without valid notice from Commissioner was not proper. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI Your experience on this site will be improved by allowing cookies. (24 Points). (Advocate) It is the builder who did not take proper care. If the member or the society still does not act, then there are several district court orders (Vile Parle district court order on Prashant Trivedi v/s Bansi CHS, as reported by DNA newspaper on 22/1/2011) also in such matters of internal flat leakage. Thanks, Amith A Same was for the bedroom walls. 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. Before : Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. 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. Send a legal notice, review a legal document, etc. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). 5. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. Dr J C Vashista supreme court decision for water leakage from neighbor. The same is made by the Deputy Municipal Commissioner. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Rate of interest awarded by the District Consumer Forum is on the higher side. (Paras 5, 7, 10 & 15) The side walls in the hall also gets dampened apart from the toilet ceiling. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. Our outlet pipes are inside the Flat. I am having a same issuebut the flat from where there is leakage is mine. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? (2 Points) 09 September 2018. The forum took into consideration photographs of the damaged flat submitted by the complainant along with copies of the correspondence and accepted that the renovation had caused the damages. 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. They signed an agreement. 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. 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. , . State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. Repair of leakages from bathroom. From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. A better thing would be as follow. Complain to police for creating nuisance and mischief. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. See you can give a legal notice to the society and the above flat owner asking them to repair the Terrace and seeking damages for the loss if on notice the society and the person fails to repair you can file a suit seeking direction to repair the roof and seeking damages. Present : Mr.S.S.Bhalerao-Advocate for the appellant. 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.. We had spend 3500Rs on that. 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. Leakage was also noticed in the passage leading to bedroom on the northern side. 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. Commissioner v. N.P. According to complainant, there was leakage of water from either sides of tank and the same was informed to opposite parties, but of no use. 3) it is society responsibility to repair the terrace as it forms part of common area. I do not know what the State Commission will do. 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). (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. It created problem in our bathroom 's roof and at bedroom 's walls have not been delegated to him the... State, MUMBAI your experience on this site will be improved by allowing.! Complaint against society before consumer forum is on the higher side the Court also orders the of! The duties of the Commissioner is not shown as to why cross examination of Commissioner. 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