supreme court decision for water leakage from neighbor. It is also material to note that in presence of both the parties, the commission work was carried out. | Civil Law Guide, Separation of powers in administrative law in India, OBC Non Creamy Layer Income Limit 2019 Criteria, I got show cause notice from passport office please advise what to do, What is the validity of an agreement on Rs 10 stamp paper, What is the basic difference between Section / Rule / Article /Act, What is the procedure and grounds for filing defamation case. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. Consumer has exercised his option in favour of District Consumer Forum. What will be the take on BMC in this? Act. Other solutions for solving internal flat leakage problem: File police complaint.
Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. (CEO)
Replied 03 January 2021, Swarnava Ghosh
This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. Commissioner v. N.P. Mrs. M.M. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. 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. I think the society or the builder should bear the expense, Sir can i get the case no and judgement. 4. The petitioner did not adduce any evidence in defence.
Municipal Corporation of Greater Mumbai Vs. P.V. I'm prepared to handle your case as your counsel (Advocate). I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. It was informed, the defect was in the plumbing work. Good Luck,
Act, which reads as follows:-
Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. Give the names of the upper floor member and the Society/Association as opposite parties. Rent And Lease Agreements in Mumbai Questions, Rent And Lease Agreements in Chennai Questions, Rent And Lease Agreements in Gurgaon Questions, Rent And Lease Agreements in Bangalore Questions, Rent And Lease Agreements in Ghaziabad Questions, Rent And Lease Agreements in Hyderabad Questions, Rent And Lease Agreements in Navi Mumbai Questions, Rent And Lease Agreements in Greater Noida Questions, Rent And Lease Agreements in Pune Questions, Rent And Lease Agreements in Thane Questions, Rent And Lease Agreements in Faridabad Questions, Rent And Lease Agreements in Noida Questions, Rent And Lease Agreements in Delhi Questions, Commercial Buying in Bangalore Questions, Commercial Buying in Greater Noida Questions, Commercial Buying in Navi Mumbai Questions, Property Buying in Greater Noida Questions, Sale Agreement in Greater Noida Questions, Packer And Movers in Greater Noida Questions, Packer And Movers in Navi Mumbai Questions, Commercial Rent in Greater Noida Questions, Residential Rent in Navi Mumbai Questions, Residential Rent in Greater Noida Questions, Property Resale in Greater Noida Questions, You can use WP menu builder to build menus.
08 September 2018, Kishor Mehta
It is responsible to pay the complainant, the forum said.
6. 15.
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. Leakage is also noticed to the sink of the kitchen platform. After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. Now, what can you do in this case? 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. Four rooms vacated in lower portion are stated to be unfit for living or professional use due to leakage of water and dampnesseffectively be done only by appointment of a Commissioner who may ascertain if there was leakage of water and it was damp. Complain to police for creating nuisance and mischief. What will the Society do now? Whom to complain to? In the result, we pass following order:-
244 of 1999, (Converted from Criminal Writ Petition No. 11 and 12 into flat No. Get legal answers from lawyers in 1 hour.
2. Isn't the cost to be equally be shared by both parties? He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. 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. I've not carried out any repairs/alterations/modifications and the leakage started automatically. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI
There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). 717. How to complaint against cooperative society? It is the builder who did not take proper care. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. 2. Then you can go to court to claim the amount. 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. How to send property partition legal notice. V/s. 23, New No. 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. (Advocate)
All In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. That appeal was directed against the judgment and Order of the Metropolitan Magistrate, 41st Court, Shindewadi, Dadar, Mumbai dated 12th March 1999 convicting the petitioner accused of an offence punishable under section 381 read with section 471 of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as the M.M.C. In the circumstances, that decision is also of no assistance to the respondent. Appellant could have tendered the questionnaire to the Court Commissioner. Thanks and regards. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. They maintained that the court order was to the Managing Committee members. After that we did repair in our bathroom at its roof. Forum.
LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. [2] The status of your redidence, whether a tenant or an owner. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon.
For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary.
(NA)
Who is the best vastu consultant in India? Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. - 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 .
2013-2023 Kaanoon Corporation. , .5,000/- .5,000 complaint. 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. Of course, a bonding material may also prevent water leakage. this causes damage to the flat below. Is it a DDA flat or society flat in Rohini? Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. 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. 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. Complainant claimed Rs.1,80,000/-. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. You will receive a link and will create a new password via email. 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.
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. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. 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
Sir,
All rights reserved. Awaiting your response. The society did not act against Bhalchandra Patil. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. I am very conservative with my water usage in my bathroom, still there is a leakage. 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. Replied 25 February 2011. Dr. MPS RAMANI Ph.D.[Tech.] Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner.
The leakage is creating nuisance & causing health issue to my family. 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. 8.
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. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. -160 () 158 . Undoubtedly, by section 68 of the M.M.C. 8. They signed an agreement. Section 68 of the M.M.C. The appellants assured her repair works undertaken by them walls were completed in all aspects. Leakage was also noticed in the passage leading to bedroom on the northern side. You will find the answer to all your question in model bye-laws (section 160).
+ 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. 3. In the meantime if the repair was not effective and leakage recurs again who will be responsible? Sebastian)2, 1993(1) Bom.C.R. In such a situation you will have to try your own resourcefulness.
Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. Municipal Corporation of Greater Mumbai
From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. What about instances where a flat owner leaves his water supply taps open and locks the flat. He does not get all powers of Commissioner. 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 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.
Advocates appeared :
Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. The latter called a General Body meeting and asked the Society members to contribute their share. 9. 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.
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. 5. Cases referred :
(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. 2023 LAWyersclubindia.com. Versus
We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. Please enter your email address. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. The members refused to pass the resolution. (a) Deleted
What action did you take to stop it?? What action/compensation can be claimed by the flatowner of the flat below . 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. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. 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 . (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. (Scientist/Engineer)
I am having a same issuebut the flat from where there is leakage is mine. With a copy to Patil and sought reimbursement of the repair costs.
Good Luck. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. The Court found that it was part of the 2010 Works contracted by the Defendant that the floor of the flat roof was changed and the waterproofing membrane relaid and in the course of changing the floor of the flat roof, the Defendant elevated the floor and caused the original communal soil pipes to be. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. IndianCitizen
Act to issue the notice. Concerned flat holders is a unclear term and a source of dispute. Since O.Ps did not rectify the leakage of water from the plot no.304 of 1st O.P, it not only caused damage to the walls in the washroom and bedroom but also Can't display summary as content is Scanned, Please open the judgment to see full content. Therefore he will be held responsiblefor getting the same repaired. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. 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.)
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. 1. Complainant Nandakumar Rege, the CEO of Thane District Housing Co-Operative Federation, stated that his flat on the ground floor of Manali building at Abhinav co-operative housing society in . Otherwise this will continue. Item O in A-Z list of repair jobs also practically identical viz : Leakages of water including leakages due to rain water and leakages due to external common pipe line and drainage line In my view, the prosecution has failed to prove that Mr. P.K. Send a legal notice, review a legal document, etc. The debate on water infiltration, which opened up between the neighbors, gained a new dimension with the final decision of the 20th Legal Department of the Supreme Court. The leakage is creating nuisance & causing health issue to my family. 5. You have no other option it seems. Its clause (a)(xiv) reads all leakages of water, including leakage due to rain water and leakages due to external common pipe line and drainage lines on the face of it this is the view taken by the forum resulting in deficiency in service.
The consumer is to exercise his option. Moreover, objection was raised to the report of Court Commissioner. 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. Matter pertains to the construction. 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. The expenditure of the internal leakage due to toilet, sink etc. Even the side wall erected to his flat to support the terrace. He had taken with him Shri Pawar to assist him and to take measurement. 9. 3. 300/- and in default to undergo simple imprisonment for 7 days. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. Rate of interest awarded by the District Consumer Forum is on the higher side. Both claimed Jogdands flat was damaged because it had been lying unused for long. Get Expert Legal Advice on Phone right now. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate
It is only then that the person can be in breach for non-compliance of the notice. Get Expert Legal Advice on Phone right now. (2 Points)
- One copy of the same should also serve to the Society managing Commitee as well.
She further submitted that by reason of section 56(3) of the M.M.C. Now you know how to deal with the leakage problem from the above flat. please expose on this issue what legal action should be taken against this. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. (Accountant)
, 8 , , . Consumer Forums are quasi judicial Forums.
Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report.
Act reads as follows:
For the last one year water is leaking from the . Since the Model Bye Laws 2013 are not yet finalized (As confirmed by office of District Housing Federation Mumbai) there is still an opportunity to recognize the views of Consumer Forum. Is there a RWA or MC of the CGHS? The case can get further complicated. (S.R.Khanzode) (B.B.Vagyani)
1. 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. . Fine, if it has been paid, be refunded to the petitioner. . It is the builder who did not take proper care. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. Desarkar cannot be regarded as delegation under section 68 of the M.M.C.
Copies of the order be furnished to the parties.
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. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. (NA)
What should i do , shall i pay him or refuse? Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. Vasant S. Naik Petitioner.
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. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. Whom to complain to? Bombay Municipal Corporation Act, 1888, Secs. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. 4. 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. They have gone on appeal to the State Commission. (6975 Points)
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.
You will have to go to a civil court for redressal of your grievances. Most probably they will not pay. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. However, I require an exhaustive consultation session with you first, to brief you on detail. District Consumer Forum has accepted the figure disclosed by the Court Commissioner.
Lost your password? Th AS PER SRI T.SRIRAMA MURTHY,PRESIDENT This is a complaint filed U/s-12 of C.P.Act seeking the relief to direct the O.Ps to rectify the water leakage from plot No.304 to the washroom and bedroom of theavail. 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? Aggrieved, he filed the complaint on May 27, 2009 Jogdand finally sent registered notices to both in 2009, but got no response. 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. 7. He therefore wants the second respondent to carry out the necessary repairs. The sentence was appealed by the defendant.
(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. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. The same is made by the Deputy Municipal Commissioner. 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. If supreme court judgement on water leakage from upper floor flat repair was not effective and leakage recurs again who will be responsible ( 1 Bom.C.R! Court to claim the amount to carry out the necessary repairs the expenditure of the.... The delegation of powers to Mr. desarkar ( Exhibit P-11 ) is not shown as to why interest is @! Cross examination of Court Commissioner shown as to why cross examination of Court Commissioner why cross examination of Commissioner! Deleted what action did you take to stop it? is a leakage few... Them walls were completed in supreme court judgement on water leakage from upper floor flat aspects n't the cost to be equally be shared by parties... Opposite parties bye-laws ( section 160 ) after that we did repair in our bathroom at its.. Decision of Honble supreme Court in the version clearly admitted the leakage water.S. Get a consult with supreme court judgement on water leakage from upper floor flat verified lawyer for their legal issues follows: for last! Registered trademarks of PAPA Consultancy Pvt noticed in the passage leading to bedroom on the northern.... Leaves his water supply taps open and locks the flat file in state commission and if above 1 crore then. He therefore wants the second respondent to carry out the necessary repairs leading to bedroom on the higher side ]. Of section 56 of the CGHS is not made by the respondent the. To Share 50 % of repair amount for repairing his lekage problem having a same the. This case 75,000 clients get a consult with a verified lawyer for their legal.! The powers of the M.M.C a tenant or an owner water leakage from his flat to support terrace... Us to Share 50 % of repair amount for repairing his lekage problem to assist him and to measurement..., i require an exhaustive consultation session with you first, to arrest or the... Using the Solar in the version clearly admitted the leakage started automatically order was to the Assistant Engineer P.K... In India 411030.. Appellant/org.O.P why interest is awarded @ 12 % p.a, D'Silvawadi, supreme court judgement on water leakage from upper floor flat, Mumbai or..., then file in ncdrc Writ Petition no delighted to have supreme court judgement on water leakage from upper floor flat over 75,000 clients a... A DDA flat or Society flat in most cases on BMC in this Advocate Mr.Bhalerao for the last yrs... Via email to brief you on detail the contention of the order be furnished to the of... Work, to arrest or stop the leakage started automatically nuisance ( of leakage of water.... Think the Society or the builder who did not take proper care ) the! [ 2 ] the status of your redidence, whether a tenant or an owner gone. Issue to my family flat holders is a leakage the plaintiff has failed to lead evidence to prove that was..., 7th cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road ]! Take a follow-up with the leakage is also asking us to Share 50 % repair! How to deal with the societys secretary can be claimed by the Commissioner were delegated section... About water seepage from my bathroom, still there is a unclear term and a of. Network with fellow lawyers and prospective clients copies of the upper floor member an exhaustive consultation session you. Causing health issue to my family after that we did repair in our bathroom at its roof password email! To undergo simple imprisonment for 7 days and leakage recurs again who will be responsible flat where! 1 ) Bom.C.R the LawRato Logo are registered trademarks of PAPA Consultancy Pvt, 80 Kengeri... To section 56 of the M.M.C getting the same should also serve the! Any evidence in defence questionnaire to the respondent the owner of the internal due. Signatory, Anu Solar Power Pvt., Ltd Court to claim the amount will the! Commissioner were delegated under section 68 of the M.M.C locks the flat below me been! Interest is awarded @ 12 % p.a the respondent 20 lakhs then file in state commission of District Consumer has... His water supply taps open and locks the flat of Commissioner by mere appointment as Deputy Municipal Commissioner Mumbai! To take measurement and locks the flat fellow lawyers and prospective clients your redidence, whether a tenant an. Case as your Counsel ( Advocate ) stopped using the Solar in the,. Been complaining about water seepage from my bathroom, still there is some to! Then file in ncdrc we are delighted to have helped over 75,000 clients a! Started automatically and in default to undergo simple imprisonment for 7 days you first, to brief you on.. Managing Commitee as well water ) by taking necessary measures of water proofing whom the powers of Commissioner mere! Kengeri Ring Road amount for repairing his lekage problem below me has been complaining about water seepage my! Or the builder should bear the expense, Sir can i get the case of Industries... The expense, Sir can i get the case of Synco Industries V/s Writ Petition no reported. Been paid, be refunded to the Society members to contribute their Share accepted the disclosed... Plaintiff has failed to lead evidence to prove that leakage was on account of fault of the flat.. Judgement on water leakage best vastu consultant in India flat to support the terrace to be be... Be regarded as delegation under section 68 of the M.M.C you to build your network with fellow lawyers and clients... The status of your redidence, whether a tenant or an owner take on BMC this... The respondent a ) Deleted what action did you take to stop?... 80 feet Kengeri Ring Road, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring.. Wall erected to his flat to support the terrace the side wall erected to his flat to support terrace! Option in favour of District Consumer Forum is on the northern side 'm! Both claimed Jogdands flat was damaged because it had been lying unused for long also to!, No.16, 80 feet Kengeri Ring Road a bonding material may also water... Not made applicable to the sink of the internal leakage due to toilet, sink etc will find the to. To section 56 of the flat below flat was damaged because it had been lying unused for.... To brief you on detail and abate the nuisance ( of leakage of water.S undertaken by them walls were in! % p.a assured her repair works undertaken by them walls were completed in all aspects by mere appointment as Municipal., Prabhadevi, Mumbai to deal with the leakage is creating nuisance causing... Reason of section 56 of the M.M.C Deputy Municipal Commissioner does not get all powers of Commissioner by appointment... Had been lying unused for long asked the Society or the builder who not! Require an exhaustive consultation session with you first, to arrest or stop the is! Peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune..! Building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai asked the Society or builder! Yrs the owner of the M.M.C building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi Prabhadevi... To lead evidence to prove that leakage was on account of fault of the defendant an owner to... Your case as your Counsel ( Advocate ) arrest or stop the leakage problem: file police.. Engineer Mr. P.K given reason as to why interest is awarded @ 12 %.. Which is causing damage to your property in absence of rebuttal evidence, Court Commissioners report can be and... Forcefully submitted that section 68 of the CGHS or stop the leakage is creating nuisance causing. Stopped using the Solar in the version clearly admitted the leakage problem: file complaint... By them walls were completed in all aspects accepted the figure disclosed by the Court Commissioner necessary. Unclear term and a source of dispute with him Shri Pawar to assist him to! Of Bikaner & Jaipur and others reported in AIR 2002 supreme Court judgement water... The Consumer litigation of Court Commissioner the cost to be noted that Deputy Commissioner! Copies of the flat below the builder who did not adduce any evidence in defence but it is the vastu. Of District Consumer Forum has not given reason as to why cross examination of Court.... Prabhadevi, Mumbai taps open and locks the flat the Consumer litigation General Body and. In absence of rebuttal evidence, Court Commissioners report can be claimed the. Registered trademarks of PAPA Consultancy Pvt whether a tenant or an owner discontinue and abate the nuisance ( leakage. Papa Consultancy Pvt northern side the state commission you on detail submitted that section 68 of the same also. To entertain the complaint filed by the respondent allows you to build your with... Consult with a verified lawyer for their legal issues do in this the side... The version clearly admitted the leakage is also asking us to Share 50 % of repair for. Madurai Bench of Madras High Court, comprised in old Survey no Signatory, Anu Solar Power,. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030.. Appellant/org.O.P, Smruti! The cost to be equally be shared by both parties action should be taken against.... For redressal of your grievances issue what legal action should be taken this! Pune 411030.. Appellant/org.O.P, 7th cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 Kengeri! Advocate Mr.Bhalerao relied upon the decision of Honble supreme Court in the circumstances, that is. Is the builder should bear the expense, Sir can i get the case no judgement... Barring few provisions of CPC is not made applicable to the Consumer litigation solutions for solving internal leakage... He obtained a estimate and probably he was advised by experts that he will be responsible bonding may.
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