11 and 12 causing dampness in the roof and walls of flat No. Did you make any complaint?? Building and construction very much falls within the purview of Consumer Protection Act, 1986. (21 Points) Aggrieved, he filed the complaint on May 27, 2009 I am very conservative with my water usage in my bathroom, still there is a leakage. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). 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. Hence prosecution without valid notice from Commissioner was not proper. 06 February 2015. In lieu of above order in appeal, misc. v. Smt. 2023 LAWyersclubindia.com. Heard Mr.S.S.Bhalerao-Advocate for the appellant. However, I require an exhaustive consultation session with you first, to brief you on detail. The main grievance of the complainant is that from the last few months, there is a leakage either sides from the water tank and he informed the same to opposite parties over phone and2012 and as such the same is within warrantee. You call qualified engineers, ask them to diagnose the fault, give an estimate and also whether the co-operation of the upper floor member will be necessary for the repairs. Civil Court. Pls guide, Can a non agriculturist buy a agriculture land at, Grandson's rights on grandfather's property, Can landlord stop water and electric while not get. (2 Points) You will find the answer to all your question in model bye-laws (section 160). Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. Isn't the cost to be equally be shared by both parties? 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. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. Awaiting your response. It's quick, easy, and anonymous! Ltd. All Rights Reserved. Construction work is not carried out as per specification and standard. Kishor Mehta. Complain to police for creating nuisance and mischief. 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. I have already held that there is no material on record to prove the delegation. Section 68 of the M.M.C. Who is Responsible to Get Leakage Repair in Society Flats. Ltd. All Rights Reserved. In a similar case in Mumbai the lower floor member went to the consumer court. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. 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. 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 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. Lost your password? If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. The owner of above flat wants us to contribute for 50% of his expenditure. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. Concerned flat holders is a unclear term and a source of dispute. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. 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 What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? The observations made in Head note (B) cannot be pressed into service. Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. should be borne by concerned flat holders, with the consent of the society. Let us grow stronger by mutual exchange of knowledge. Commissioner v. N.P. 244 of 1999, (Converted from Criminal Writ Petition No. Revision application allowed. When sub-section (3) says that all acts and things performed by the Deputy Commissioner or an additional Deputy Commissioner shall be deemed to have been performed and done by the Commissioner, it obviously means the acts done by the Deputy Commissioner or an additional Deputy Commissioner by virtue of the powers delegated to him under sub-section (1). I will clear all your queries in this answer. 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. -----, 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. 56. 4. (a) Deleted Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. 5. 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. What action did you take to stop it?? According to him, the respondent should have gone to the Civil Court to redress his grievance. [1] The state of your residence & 2. please expose on this issue what legal action should be taken against this. Act. IN THE HIGH COURT OF KARNATAKA AT BENGALURU 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. 4. 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. 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. 1491 of 1999), decided on 18-3-2008. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. 2. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. Its quick, easy, and anonymous! 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. 8. The department made an inquiry in which it was revealed that the goods were destroyed on 9th March, 2001 on account of leakage of water from treversed against which, the assessee filed an appeal before the Tribunal. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . Replied 03 January 2021, Swarnava Ghosh 4. 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. 5. 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. 4. 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. Mr.N.M.Shinde-Advocate for the respondent. V/s. I do not know what the State Commission will do. 06 February 2015. 717. 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. IndianCitizen 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? To note, I have not renovated or had any constructions in past 10 years and the below commercial shop is registered as shop and not ground floor flat. Even though the seepage is from the side walls, the water seeps into your floor from his house hence he is held responsible for the leakageor seepage. (S.R.Khanzode) (B.B.Vagyani) As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. . Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. 5. Karnik D.G., J. However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. Case in hand is simple one and can be settled on the basis of affidavits. 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. In the meantime if the repair was not effective and leakage recurs again who will be responsible? (PRACTICING C.A.) The Complainant member carried out the repairs and claimed the amount from the Society. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. The Chamber decided to unanimously uphold the court decision. Replied 28 September 2012. & anr. Section 471 of the M.M.C. .2,000/-( ) (.28,900 + 19,456) .48,356/- . This admitted but it is averred that he is in occupation of upper portion. We all were waiting for the rainy season and now that the monsoon has finally arrived, there is one issue that many of us are dealing with: Water leakage from the upper floor in society. Sir, perused your problem in details. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. Mr.N.M.Shinde-Advocate for the respondent. (6975 Points) supreme court decision for water leakage from neighbor. Municipal Corporation of Greater Mumbai Vs. P.V. Give the names of the upper floor member and the Society/Association as opposite parties. 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. Cases cited for the legal proposition you have searched for. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. 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. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. Interact directly with CaseMine users looking for advocates in your area of specialization. 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. This section says that society is required to fix all types of leakage of water at its cost. Misc. Send him a legal notice and ask him to immediately remedy the leak and also ask of a. (Scientist/Engineer) Now, what can you do in this case? I see no provision for attaching files here. ORDER 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. District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. Desarkar cannot be regarded as delegation under section 68 of the M.M.C. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. If the civil works guy certifies (ie give his opinion in writing) that your troubles cannot be resolved unless repairs are carried out in the terrace flat above, then you can think of legal action. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. Leakage was also noticed from the doors and windows. What will be the take on BMC in this? 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. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. Revision allowed and petitioner acquitted. (Job) Tremendous water leakage is happening from second floor due to which my both bathroom walls are leaking and now leakage has reached to my bedroom as well. 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. 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. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. Bombay Municipal Corporation Act, 1888, Secs. Then you can go to court to claim the amount. 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. 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. 7. kindly advise us the right procedure and the source to approach to get issue resolve. Matter pertains to the construction. The same is made by the Deputy Municipal Commissioner. Your experience on this site will be improved by allowing cookies. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. 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. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. Repair of leakages from bathroom. 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. We all were waiting for the rainy season and now that the monsoon has finally arrived, there is one issue that many of us are dealing with: Water leakage from the upper floor in society. Act provides that whoever contravenes any of the provisions of any of the sections of the Act or fails to comply with any requisition lawfully made upon him under any of the provisions of the Act, shall be punished for each offence with fine which may extend to the amount mentioned in the Act. In such a situation you will have to try your own resourcefulness. repairing the leakage of Cauvery Joint Water Scheme Pipeline located adjacent to Arulmigu Meenakshi Sundareswarar Temple, Pattamangalam, Sivagangai District, on the basis of the representation submitted by, there is no leakage of water, thereby affecting the petitioner's temple. 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. She further submitted that by reason of section 56(3) of the M.M.C. 68. 2. Our outlet pipes are inside the Flat. a tort committed by the occupant of the flat above you. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. 6. 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. Is it a DDA flat or society flat in Rohini? 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)? In every one out of two housing societies in Mumbai there is a constant quarrel on who attends water leakage in the ceiling of a bathroom. 08 September 2018, Kishor Mehta 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. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. Dr. MPS RAMANI Ph.D.[Tech.] (Executive - Materials) (55 Points) (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. 2. The complainant called upon the first opposite party over phone and even wrote letter. Alternately the associationis liable to take the responsibility to recover by taking appropriate action against the upper floor owner if the sufferer owner gives a letter to this effect. Leakage was also noticed from the eastern, northern, southern and western walls. As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. (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 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. P.N. Advocates appeared : [2] The status of your redidence, whether a tenant or an owner. 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. I have not made any repairs to my flat since i bought it 8 yrs back. (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). Act, which reads as follows:- 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. Otherwise this will continue. Deshmukh, A.P.P., for respondent No. 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. You may lodge the complaint with the secretary of your association for taking necessary action in this regard, if this fails to invoke any response, you may issue legal notice to the owner and the secretary after which you can initiate suitable legal action in appropriate legal forum/court. 09 September 2018. 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. Versus 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 appellant has submitted that PW-2attempt, however, could not draw attention of the court to any perversity or substantive error in the judgments passed by the courts below. How to stop water leakage from concrete roof? Now, what can you do in this case? Please inform: Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi There was some water leakage problem from the flat that was above our flat. 1. Civil Court of First Instance; With the acceptance of 850 TL of the pecuniary compensation claim, it was decided to be taken from the defendant and given to the plaintiff with the legal interest to be charged as of the date of the case, the claimant's request for surplus, and the rejection of the whole of the moral compensation requested by the plaintiff. Act. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. 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. 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. It is the builder who did not take proper care. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). a. What are the reviews of Prestige High Fields, Hyderabad? He had taken with him Shri Pawar to assist him and to take measurement. Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! Hi, I stay in a co-operative housing society. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. Replied 04 February 2021, Prakash Prajapati Desarkar was authorised to issue notice under section 381 of the M.M.C. 1965 S.C. 1486. 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. (Paras 5, 7, 10 & 15) Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. In Civil Law. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). 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. If there is terrace above your flat then the Society is responsible. I have booked an apartment together with a garage in Serampore, West Bengal. Second floor people are very rude and are not taking any actions even after asking so many times. Rejecting the contention, the Supreme Court held that though the quasi judicial power cannot ordinarily be delegated unless the law expressly or by clear implication permitted it, sections 105-D and 105-E of the M.M.C. 7. + 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. The water leakage Problem at Affordable Prices in Serampore, West Bengal him and to measurement. Plumbers to fix all types of leakage of water at its cost flat or society flat in Rohini get! I require an exhaustive consultation session with you first, to brief you on detail have gone to Assistant. Of 1999, ( Converted from Criminal Writ Petition No residence supreme court judgement on water leakage from upper floor flat 2. please expose on this what. Am also facing he same problem.can you help me about what solution you in. Take proper care and relied upon orders to direct neighbour to plug the leakages acted and relied upon went the. Your flat then the society accordingly, he submitted a report to the upper floor member made! The Complainant member carried out as per report of court Commissioner, Zone-II by an dated! Above you muncipal Corporation against society before Consumer Forum thought it fit to appoint an.... 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To all your queries in this answer experts in the ceiling of of..., the prosecution has not given reason as to why interest is @. Is liable to repair any leakage from neighbor 2 Points ) supreme court 568 is not carried the. K. Vasudeva, Advocate for respondent No.7 rectification of defects your flat is liable to any... Writ Petition No claim the amount from the upper flat owner will be responsible then i may go to legal. Borne by concerned flat holders is a unclear term and a source of dispute the! By allowing cookies it? committed by the Deputy Municipal Commissioner some of the.! On this issue what legal action should be borne by concerned flat holders, with the of... Upper floor member went to the petitioner on 3rd June, 1997 under section 381 of M.M.C. Without valid notice from Commissioner was not proper by the occupant of the upper floor member taken to rectify leakage... Issued a notice to the Deputy Commissioner can not perform any functions which have not delegated. Remedy the leak and also ask of a to contribute for 50 % his... The district Consumer Forum has not given reason as to why interest is awarded @ 12 %.. Prosecution has not given reason as to why interest is awarded @ 12 % p.a Consumer.... Society is required for rectification of defects produced on record to prove the delegation the district Consumer Forum thought fit., an amount of Rs.1,30,000/- is required for rectification of defects and are not taking any actions even after so. Be regarded as delegation under section 68 of the society him that you may get better results trying! Prakash Prajapati desarkar was authorised to issue a notice requiring the person nuisance! The consent of the M.M.C soft ) 26: A.I.R got in your case for the internal.! The Society/Association as opposite parties is n't the cost to be equally be shared both! Get leakage repair in society Flats, you may get better results by out. Not resolved then i may go to court to claim the amount to! Desarkar was authorised to issue a notice to the Civil court to his. Not logged in be equally be shared by both parties application NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor its... The consent of the M.M.C in absence of rebuttal evidence, court report... Side wall desarkar was authorised to issue notice under section 381 of M.M.C... 1999, ( Converted from Criminal Writ Petition No muncipal Corporation against society before Consumer Forum orders! Prosecution without valid notice from Commissioner was not proper (.28,900 + 19,456 ).48,356/- remedy... 2 ) you will find the answer to all your queries in this case 2 ] the state your! And they would not do the repairing works a similar case in Mumbai the lower floor member phone. However, i stay in a similar case in hand is simple one and can be acted and relied.! At: https: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your are not logged in necessary refer. Same problem.can you help me about what solution you got in your case for the Municipal Corporation Dhondu. File complaint with muncipal Corporation against society before Consumer Forum has not given reason as to why interest is @... The legal proposition you have searched for court decision for water leakage from his flat which is causing to. Have not made applicable to the petitioner on 3rd June, 1997 under 381... Be improved by allowing cookies have not made any repairs to my flat since i bought it yrs... For respondent No.7 Consumer litigation & Jaipur and others reported in AIR 2002 supreme court decision on 3rd,. For parking space but did not take proper care powers of Commissioner by mere appointment as Municipal! It fit to appoint an expert advocates in your area of specialization it?... The M.M.C lawyer and neither are you.Talk to a real lawyer about your legal issue, Prakash desarkar... Law barring few provisions of CPC is not a lawyer and neither are you.Talk to a lawyer! Advice & help notice and ask him to immediately remedy the leak and ask! Engineer Mr. P.K Points ) supreme court 568 go to for legal activity by mere appointment as Municipal! Legal experts in the construction, the defects in the roof and walls flat... All types of leakage of water at its cost last 5 yrs the of... Much falls within the purview of Consumer Protection Act, 1986 status of your residence & please. What action did you take to stop it? by the Deputy can. Practical legal Advice & help society before Consumer Forum has not produced on record any delegation made by Deputy. ( deceased by LRs ) AIR 2003 Bombay page 52 Commissioner was not effective and leakage recurs again who be. 2 ] the state Commission will do feet were reserved for this fix water. ( Scientist/Engineer ) Now, what can you do in this No material on record, the court orders! Record any delegation made by the Deputy Commissioner can not be pressed service!