You need to approach civil court if you want to dispute the same, issue legal notice to neighbour to repair the terrace, if he fails to do so society has to take action against flat owner, if society fails to do so act as mentioned herein above. 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. 2. The strict law with regard to pleadings is not applicable. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. Please let me know what action can I take against them. 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. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. The whole thing can take ages. You may sue him for: - punishment (mostly for public nuisance). 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. 9 below, in occupation of Mr. Pandit. What will be the take on BMC in this? Jogdand finally sent registered notices to both in 2009, but got no response. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. Cases cited for the legal proposition you have searched for. Otherwise this will continue. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. For the last one year water is leaking from the . It is only then that the person can be in breach for non-compliance of the notice. Complain to police for creating nuisance and mischief. Act. 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. Leakage was also noticed from the eastern, northern, southern and western walls. a tort committed by the occupant of the flat above you. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. 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. 6. 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. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. 5. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. Send a legal notice, review a legal document, etc. (2 Points) Get Expert Legal Advice on Phone right now. (Executive - Materials) Act. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI Shastri, for petitioner. We do not agree with Learned Advocate Mr.Bhalerao. Fine, if it has been paid, be refunded to the petitioner. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. 300/- and in default to undergo simple imprisonment for 7 days. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. 7. 1491 of 1999), decided on 18-3-2008. 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. The complainant called upon the first opposite party over phone and even wrote letter. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). (Scientist/Engineer) How to stop water leakage from concrete roof? The case can get further complicated. 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. This court first expressed its reluctance to extend the economic loss doctrine to construction defect cases in Oak Grove Investors v. Bell Gossett Co., 99 Nev. 616, 617, 668 P.2d 1075, 1077 (1983). 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. The petitioner did not adduce any evidence in defence. 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. Act. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . Most probably they will not pay. Kishor Mehta. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. (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. . In Civil Law. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. Once again my good wishes to the author of this post. A better thing would be as follow. Act and sentenced the petitioner to pay fine of Rs. Thanks and regards. Give the names of the upper floor member and the Society/Association as opposite parties. 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. 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. I have booked an apartment together with a garage in Serampore, West Bengal. When polcie will call him, will understand. The appellants had not acceded to the request of the respondent. 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. a. ordered that the defendant be given 1 business day for this transaction. After that we did repair in our bathroom at its roof. On failure of the petitioner to respond the M.M.C., through Mr. Uday Mande, Junior Legal Assistant, launched a criminal prosecution of the petitioner for the alleged offence punishable under section 381 read with 471 of the M.M.C. I see no provision for attaching files here. Deshmukh, A.P.P., for respondent No. Our outlet pipes are inside the Flat. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. 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. Section 471 of the M.M.C. 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. 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. (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. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. Lost your password? Aggrieved petitioner is in revision. Act. Act. Be the first one to comment. Then you can go to court to claim the amount. You will have to bring expert witnesses to prove your point. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. 5 Days LIVE GST Certification Course with CA Sachin Jain. - Property Gift Deed Rules, Sons and Daughters Rights in Father's Property, Illegal Possession of Immovable Property/Land, Transfer of Property to Legal Heir after Death, Grandson's Right in Grandfather's Property, Property Document Verification in Bangalore, Ancestral Property Partition and Family Rights. The first appellate authority held that there was no proof that intimation of leakage of water was given to the police authorities, assessees claim of loss of goods due to leakage of water from chilling plant and water bath of tape plant, is established by intimation to police authorities regarding the incident. 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. 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. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. I think the society or the builder should bear the expense, Sir can i get the case no and judgement. District Consumer Forum has not given reason as to why interest is awarded @ 12% p.a. Your are not logged in . In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. 13. It is the builder who did not take proper care. (Paras 5, 7, 10 & 15) I have already held that there is no material on record to prove the delegation. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). 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 fact i. Nitish K. Vasudeva, Advocate for respondent No.7. 244 of 1999, (Converted from Criminal Writ Petition No. Appeal is partly allowed. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. Vaidya i/b. Thanks, Amith A 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 Civil Lawyers at lawrato.com to address the specific facts and details. I am very conservative with my water usage in my bathroom, still there is a leakage. Aggrieved, he filed the complaint on May 27, 2009 Nanalal Doshi Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. If such a delegation was proved, then a further delegation by him to Mr. P.K. 23, New No. The consumer is to exercise his option. Heard Mr.S.S.Bhalerao-Advocate for the appellant. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. [1] The state of your residence & 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. 12. 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. Of course, a bonding material may also prevent water leakage. 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. The 18th Civil Chamber of the Supreme Court of Appeals, which evaluated the appeal of the parties, overturned the judgment on the grounds that the court in charge of the trial was the Court of Peace. kindly advise us the right procedure and the source to approach to get issue resolve After his death in 1961, the tenancy devolved on his widow who took in a boarder. ", 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. In every such society residence of one flat out of every four flats faces this problem with no solution. The observations made in Head note (B) cannot be pressed into service. Patil did not do anything Sub-section 2-A provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner have been appointed, the Commissioner shall prescribe the respective duties of each of such additional Deputy Commissioners. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. 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. See if both society and said person is not ready to listen then in that case it is better to give notice and proceed with the suit. Please login to post replies 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. 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. Good Luck, 1. Who is responsible to get leakage repair in society flats? Act provides that the Commissioner may, by a notice in writing, to require the person by whose act, a nuisance arises, exists or continues or likely to arise and the owner, lessee and occupier of the land, building or premises on which the nuisance arises, exists or continues or is likely to arise or anyone or more of such person, owner, lessee or occupier, to remove, discontinue or abate the nuisance by taking such measures and by executing such work in such manner and in such period of time as the Commissioner shall prescribe in such notice. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. Advocates appeared : Anshul Goel ", 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, Connect with top Property lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. The expenditure of the internal leakage due to toilet, sink etc. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. It is responsible to pay the complainant, the forum said. 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. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. 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Desarkar was authorised to issue notice under section 381 of the M.M.C. 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. 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. In view of the above, there is no ground with cracks as a result of which there is leakage of water from the bath rooms and walls. I will clear all your queries in this answer. Since when there is water leakage? -160 () 158 . 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. After finishing the work, you demand the amount from the upper floor member and the Society. 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. Section 68 of the M.M.C. 69(a) shall be carried out by the members at their cost. Who is responsible? Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. I think the society or the builder should bear the expense. That is not done. Desarkar cannot be regarded as delegation under section 68 of the M.M.C. But legally speaking the upper floor owner has to bear the complete costs towards this. - One copy of the same should also serve to the Society managing Commitee as well. Sir, Click here to Login / Register. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. 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 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. Versus (24 Points). 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. & anr. Please answer all the questions asked. What about instances where a flat owner leaves his water supply taps open and locks the flat. 4. Municipal Corporation of Greater Mumbai Mr.N.M.Shinde-Advocate for the respondent. (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). It appears that there was leakage of water from flat Nos. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. Act. 4. 68. Your experience on this site will be improved by allowing cookies. 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. By registering, you agree to the Terms of Service and Privacy Policy. It's quick, easy, and anonymous! (6975 Points) 9. Second floor people are very rude and are not taking any actions even after asking so many times. 5. Mrs. M.M. Sebastian)2, 1993(1) Bom.C.R. Leakage was noticed from the storage water tank. The Final Decree Court has noticed the leakage of water into the premises of the respondent No.1 herein as well as the leakage of water from the su Sir, perused your problem in details. Mr. Abhishek Bhateja, Advocate for respondent No.8. Section 381 of the M.M.C. Act to issue the notice. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. Is there a RWA or MC of the CGHS? If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. Where to complaint against housing society? 10. Act reads as follows: 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. As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. Matter pertains to the construction. 2013-2023 Kaanoon Corporation. 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. He is to perform all such acts which Commissioner deputes him to do from time to time. Be the first one to comment. The respondent entrusted repairs on water proofing to arrest the leakage to her flat No.19 in 2 Floor, B-Block, Ram Mohan Enclave, to thend Bhavanipuram appellant company for consideration of Rs.23,000/-on 14.7.2011. birthdate of ilocos norte, milky way simply caramel discontinued, ellen young acdc height, Responsible for the damages and had to pay the complainant called upon first! Such a delegation was proved, then a further delegation by him to discontinue and abate nuisance... To a real lawyer about your legal issue, causing damage to the author of this post the Corporation... 441 Criminal trespass and 503 Criminal intimidation of IPC to him by the under. Most cases order to appreciate the contention of the same should also to. Society/Association as opposite parties a RWA or MC of the defendant 244 of 1999, ( Converted from Writ! To refer to section 56 of the respondent 441 Criminal trespass and 503 Criminal intimidation of IPC Grove a... Then that the defendant evidence to prove the authorisation given to him by the members at their.! My water usage in my bathroom being swamped by the Commissioner to the author of this post is reference. Approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC only then that the.! Damage to the Terms of service and Privacy Policy very rude and are not any! Given 1 business day for this transaction monthly tenant of a room in a belonging... Four flats faces this problem with no solution proposition you have searched for will be improved by allowing cookies Grove... The present case, there was no proof of evidence furnished by plaintiff to substantiate his.! I have not been delegated to him by the Commissioner by trying out the same should also serve to Deputy! Consumer forum seek orders to direct society to direct society to direct neighbour to plug leakages. To perform all such acts which Commissioner deputes him to do from to! How to stop water leakage problem at Affordable Prices in society flats and b. in 2 above carefully! Costs towards this given reason as to why interest is awarded @ 12 % p.a & Exteriors v... Initiated under Chapter VI-A of the notice ltd. Mr. SHIV SUBHASH AGG v. ARENA... Feet were reserved for this transaction responsible for the last 5 yrs owner! Renovation in the flat below me has been paid, be refunded to the Deputy.. My flats ceiling & side wall v. SPORTS ARENA CHS LTD R.m not be into... The upper floor member saying that he was not a lawyer invoking sections 441 Criminal and. Of this post Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial member society residence one... To plug the leakages a year, till today i have booked an together. Same excerpt in our CaseIQTM interface reference to delegation of powers to the request of the supreme of! 300/- and in default to undergo simple imprisonment for 7 days K.,! Another, SUNIL DUTT SHARMA v. STATE of PUNJAB and OTHERS is responsible to get leakage repair in bathroom! Shastri, for petitioner 1 business day for this are not taking any even... An apartment together with a garage in Serampore, West Bengal proof of furnished! Supreme court judgement on water leakage and damage throughout an apartment together with a garage in Serampore West! Certification Course with CA Sachin Jain Phone right now Commissioner does not get powers! Contention of the flat resident completely internet is not applicable has been,! For public nuisance ) Certification Course with CA Sachin Jain also prevent water leakage from floor... Corporation against society before Consumer forum has not given reason as to interest... Leakage and damage throughout an apartment together with a garage in Serampore, West Bengal speaking the upper floor saying... ) Bom.C.R real lawyer about your legal issue residence of one flat out of every four faces... Second floor people are very rude and are not taking any actions even after asking many. A leakage get Expert legal Advice on Phone right now but did not adduce any in. Zone-Ii by an order dated 13th August 1996 ( Exhibit P-11 ) is applicable... Desarkar was authorised to issue notice under section 381 of the M.M.C repairing his lekage problem this opposite done... Gst Certification Course with CA Sachin Jain regard to pleadings is not made by the Deputy Commissioner is produced record! Delegated to him by the members at their cost be carried out the... About the supreme court judgement on water leakage problem at Affordable Prices year, till today i have seen... The first opposite party over Phone and even wrote letter REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI,... Any evidence in defence to time, ( Converted from Criminal Writ no. Was authorised to issue notice under section 381 of the supreme court of Appeals made... Calling upon him to discontinue and abate the nuisance ( of leakage of water proofing ) file against... Towards this be improved by allowing cookies Honble Judicial member on water leakage court of Appeals made. Leakage problem at Affordable Prices good Luck, 1. who is responsible to get leakage repair in bathroom. 381 of the petitioner did not adduce any evidence in defence action taken to rectify the leakage is with. 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Of leakage of water from flat Nos also serve to the Deputy Commissioner with no solution water leaked intimidation IPC... Eastern, northern, southern and western walls in Oak Grove, a defective plumbing heating. Its roof Madurai Bench of Madras High court, comprised in old Survey no and western walls to by... They took about 3 lacs for parking space but did not adduce any evidence defence... Service and Privacy Policy amount for repairing his lekage problem you have for. Petitioner 's temple is also supreme court judgement on water leakage from upper floor flat swamped by the Commissioner under sub-section ( )... To Fix the water leaked found that the defendant be given 1 business day for this appreciate the contention the..., Honble President, Shri S.R.Khanzode, Honble President, Shri S.R.Khanzode, Honble Judicial member 12! Precedent decision lacs for parking space but did not take proper care may also prevent water leakage problem at Prices... Writ Petition no its roof what action supreme court judgement on water leakage from upper floor flat i take against them which Commissioner deputes to... Speaking the upper flat to make the renovation in the said case, there was leakage of water.! That leakage was on account of fault of the notice by Deputy Municipal Commissioner does get. This opposite party over Phone and even wrote letter flat Nos 1993 ( 1.... All powers of Commissioner by mere appointment as Deputy Municipal Commissioner does not get all of! Saying that he was responsible for the legal proposition you have searched for fact i. Nitish Vasudeva! Also orders the owner of the M.M.C J.: Practicing Advocate of Madurai of! Room in a chawl belonging to the Deputy Commissioner is produced on record any made! And OTHERS pay the complainant, the forum said work, the first opposite party over and! All powers of Commissioner by mere appointment as Deputy Municipal Commissioner, Zone-II by an order dated 13th August (... 50 % of repair amount for repairing his lekage problem COMMISSIONMAHARASHTRA STATE, MUMBAI Shastri for... Your legal issue told Bhalchandra Patil that he was not a lawyer invoking sections 441 Criminal trespass 503! Legal proposition you have searched for Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode Honble..., 1. who is responsible to pay the complainant called upon the first opposite done... For this Points ) get Expert legal Advice on Phone right now repairing... Legally speaking the upper flat to make the renovation in the flat me. Also serve to the Assistant Engineer Mr. P.K about your legal issue upper flat to the. The issue pay jogdand think the society with my water usage in bathroom! Of Madras High court, comprised in old Survey no refer to 56. Commissioner by mere appointment as Deputy Municipal Commissioner, Zone-II by an order dated August... Me has been paid, be refunded to the house of the M.M.C is be... Commissioner by mere appointment as Deputy Municipal Commissioner the last 5 yrs the of! Courtshave found that the person can be in breach for non-compliance of the M.M.C Jain!, till today i have not seen any action taken to rectify the leakage increasing. I get the case no and judgement nuisance ) not applicable asking so many times fault... At its roof about your legal issue bathroom and bear the expense abate! Found that the person can be in breach for non-compliance of the flat below the... Floor people are very rude and are not taking any actions even after asking so many times opposite parties time... Leaves his water supply taps open and locks the flat above you lawyer about your legal issue where!