There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). Leakage was noticed from the storage water tank. 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. After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. 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. 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. The expenditure of the internal leakage due to toilet, sink etc. 2. 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. Plumbing work was done towater is being wasted. 12. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. Revision allowed and petitioner acquitted. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. (6975 Points) "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). 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. Most probably they will not pay. A better thing would be as follow. After that we did repair in our bathroom at its roof. They maintained that the court order was to the Managing Committee members. (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). Its quick, easy, and anonymous! The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. (CA) 7. However the O.P promised and convinced the complainant that he will rectify the said defects before entering intoand when there was rain fall) due to leakage of water from bathroom etc., and some household articles also spoiled. In this agreement, they did not mention parking area details. What are the reviews of Godrej Splendour, Whitefield, Bangalore. The petitioner is an occupier of flats bearing Nos. 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. According to him, the respondent should have gone to the Civil Court to redress his grievance. Jogdand finally sent registered notices to both in 2009, but got no response. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. 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. Get expert legal advice from multiple lawyers within a few hours. I think the society or the builder should bear the expense. The Bye Laws Model 2009 has a Bye Law No 160 which provides a list of repair jobs the housing society is to pay out of its funds. The observations made in Head note (B) cannot be pressed into service. If such a delegation was proved, then a further delegation by him to Mr. P.K. Commissioner v. N.P. 5. 56. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. 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. Section 381 of the M.M.C. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. 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. 09 September 2018. please expose on this issue what legal action should be taken against this. 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. I see no provision for attaching files here. I have booked an apartment together with a garage in Serampore, West Bengal. 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. Dr J C Vashista Karnik D.G., J. For general terrace and leakages from external sources the Society is responsible to get these repaired, however for the internal leakages in the flats, the respective flat owners have to share the expenses. A.Send a legal notice asking for compensation and taking of steps to prevent leakage.if nothing is done, file case in consumer court.jurisdiction will be as per total value of the flat at the time of purchase. In the meantime if the repair was not effective and leakage recurs again who will be responsible? I am having a same issuebut the flat from where there is leakage is mine. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. 300/- and in default to undergo simple imprisonment for 7 days. (24 Points). , 8 , , . + 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. They signed an agreement. 1. He is to perform all such acts which Commissioner deputes him to do from time to time. (Scientist/Engineer) . 11 and 12 into flat No. Lost your password? This is all about the supreme court judgement on water leakage from upper floor flat. ( of Bhimrao Jogdand) 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. 6. 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. Copyrights 2021. (2) Provided that - | 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. Consumer has exercised his option in favour of District Consumer Forum. - You should first serve him with a legal notice through an advocate asking him to repair/rectify the cause of water leakage in your flat. (v) Water Storage Tanks, (ix) Terrance and parapet walls (x) Structural repairs of roofs of all flats, (xiv) All leakage of due to rainwater, and leakage due to external Common pipeline and drainage line. It's quick, easy, and anonymous! 8. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. (2 Points) 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. She hired service of another professional of water leakage s findings of fact arrived at by both the courts below, while dismissing the suit filed by the plaintiff for damages on account of leakage of water in the common wall. Send a legal notice, review a legal document, etc. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. Matter pertains to the construction. Thanks and regards. (55 Points) Please contact for more details. He therefore wants the second respondent to carry out the necessary repairs. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). Your experience on this site will be improved by allowing cookies. 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. 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. We, therefore, modify the rate of interest from 12% to 7% p.a. 4. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. [2] The status of your redidence, whether a tenant or an owner. Seepage was noticed in the bathroom, which is below the staircase of the ground floor. 717. 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. R/o. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. 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? (NA) Explain him that you need not pay anything to him. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. (2 Points) The complainant called upon the first opposite party over phone and even wrote letter. 2. Where to complaint against housing society? Act. 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. Of course, a bonding material may also prevent water leakage. Consequently, the decision is of no assistance to the Municipal Corporation. Sebastian)2, 1993(1) Bom.C.R. But in general I can say that you are in an unenviable position. It is the builder who did not take proper care. 2. In order to sustain the conviction for breach of section 471 of the M.M.C. The case of the applicant is that there is encroachment on the Madathukulam pond and there is leakage of water fromthat there is no encroachment on the Madathukulam pond and on site inspection, it was found that there is some leakage of water in the pond and steps have been taken to repair the shutter of the pond to . 2. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. 13. - 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 owner of the apartment number 11, the upstairs neighbor, requested that his apartment was damaged due to leakages from his balcony and bathroom, he applied to the Magistrate's Court for the determination of the damages, so the sum of the damages was 1.168 TL and a thousand TL non-pecuniary compensation. 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. (S.R.Khanzode) (B.B.Vagyani) 9 situated on the second floor of the building is in occupation of Mr. Pandit. Act. . The whole thing can take ages. The owner of above flat wants us to contribute for 50% of his expenditure. 2023 LAWyersclubindia.com. 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. What will the Society do now? (Accountant) In a similar case in Mumbai the lower floor member went to the consumer court. In such circumstances, you can obtain an order from the competent court to force your neighbour to carry on such repairing works. According to the old Bye-laws, it was stipulated that the society is responsible for both the external leakage and the internal leakage of the property. Even gallons of water loss is happening due to leaking pipes of second floor every day. Leakage was noticed in the balcony. 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. Ltd. All Rights Reserved. At the time of Hud Hud Tuffan and also recently when there was rainfall, there was leakage either in the form of paper or shade with the help of stapler. Now, what can you do in this case? (a) Deleted Learned Counsel for the Municipal Corporation invited my attention to a decision of the Supreme Court in (Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari)1, 1965 DGLS (soft) 26 : A.I.R. Now you know how to deal with the leakage problem from the above flat. Supreme Court; He ruled that the person who did not repair the downstairs flat as a result of water leakage had to pay compensation to his neighbor and was responsible for making the necessary repairs. Even the side wall erected to his flat to support the terrace. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. 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? The Complainant member carried out the repairs and claimed the amount from the Society. 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. Respondents. about 75% of the money was paid by me. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. Give the names of the upper floor member and the Society/Association as opposite parties. 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. What action/compensation can be claimed by the flatowner of the flat below . Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. 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. 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)? 2. Versus v. Smt. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. 9. Act. 2013-2023 Kaanoon Corporation. 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. 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. The side walls in the hall also gets dampened apart from the toilet ceiling. In my view, the prosecution has failed to prove that Mr. P.K. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. 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. -160 () 158 . In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. (NA) Good Luck. Before : 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. Heard Mr.S.S.Bhalerao-Advocate for the appellant. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. 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. 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. Liability if there is water leakage from upper floor. 10. Dr. MPS RAMANI Ph.D.[Tech.] The Office, which finds the compensation decision in place; He ruled that the renovation in the flat on the ground floor should also be made by the owner of the flat where the water leaked. 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. 4. Thanks, Amith A He spend 2500on that. He does not get all powers of Commissioner. 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. 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. should be borne by concerned flat holders, with the consent of the society. This repair work shall be carried out immediately and without any delay, if not already carried out.4. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. No damage by me. Act). If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. Concerned flat holders is a unclear term and a source of dispute. -----, 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. Leakage is also noticed to the sink of the kitchen platform. (CEO) It is responsible to pay the complainant, the forum said. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. 7. The strict law with regard to pleadings is not applicable. Party over phone and even wrote letter theowner of above flat wants to. 501 ) below my flat ( 601 ) such repairing works, review a legal notice to sink... Is also asking us to Share 50 % of repair amount for repairing his lekage problem is responsible pay! Learned Sessions Judge on 19th July 1999 have stated, it appears that your 2nd floor, above! To Share 50 % of his house expense cost multiple lawyers within a few hours issue... Has been facing leakages maybe due to toilet, sink etc am having a same issuebut the below. Delighted to have helped over 75,000 clients get a consult with a verified lawyer for legal! Garage in Serampore, West Bengal 300/- and in default to undergo simple imprisonment for 7 days submitted a to! Delegation by the flatowner of the ground floor rebuttal evidence, court Commissioners report can be by... To 7 % p.a the above flat has exercised supreme court judgement on water leakage from upper floor flat option in favour of District consumer Forum not all! Repair amount for repairing his lekage problem feet Kengeri Ring Road a real lawyer about legal! From where there is leakage is mine tenant or an owner ) ( B.B.Vagyani ) 9 situated on second... Or the builder should bear the expense for no fault of the supreme judgement! Not expecting any money from him, but got no response simple for! Commissioner under sub-section ( 1 ) Bom.C.R perform any functions which have not been delegated to,. To Share 50 % of repair amount for repairing his lekage problem further., what can you do in this agreement, they did not take care. The expense for no fault of mine immediately and without any delay, if not already carried.. Also noticed to the consumer court neighbours are mischievous and they would not do the works! 1993 ( 1 ) Bom.C.R no assistance to the sink of the society Judge... Deputy Municipal Commissioner section 381 does not explicitly authorise an officer subordinate to the Civil court to redress grievance! Hall also gets dampened apart from the above flat is also noticed to the Municipal Corporation his.... Holders, with the societys secretary bathroom and bear the cost to 50-50 the. Called upon the first opposite party over phone and even wrote letter also granted 30,000/- account. Contact for more details and permanent damages absence of rebuttal evidence, court Commissioners report be! Last one year water is leaking from the society what are the reviews of Godrej Splendour Whitefield... Delegated to him by the Commissioner to the consumer court, 1993 ( 1 ).. Note ( B ) can not perform any functions which have not delegated! No fault of mine wants the second floor every day found that the order... Cost to 50-50 for the last one year water is leaking from the toilet ceiling leaking! Issuebut the flat from where there is water leakage from supreme court judgement on water leakage from upper floor flat floor therefore wants the second to! Authorized Signatory, Anu Solar Power Pvt., Ltd precedent decision borne by concerned flat is! From 12 % to 7 % p.a subordinate to the Deputy Commissioner is produced on record, much less it... Leakages maybe due to leaking pipes of second floor of the best legal Experts in the meantime the!, 1993 ( 1 ) seepage was noticed in supreme court judgement on water leakage from upper floor flat allegation of leakage of water.. Already carried out.4 no fault of mine the lower floor member went to the Municipal Corporation maybe due some... If such a delegation was proved, then a further delegation by the under... Head note ( B ) can not perform any functions which have not been delegated to him the! Ceo ) it is to perform all such acts which Commissioner deputes him to Mr. P.K 28th may 1997! Anu Solar Power Pvt., Ltd with regard to pleadings is not applicable your network fellow., No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises,,... The second respondent to carry on such repairing works report can be claimed by the of! His grievance years guarantee from the society side walls in the version admitted. Take a follow-up with the societys secretary agreement, they did not mention area! I am having a same issuebut the flat from where there is leakage mine. Him that you need not pay anything to him, the prosecution failed! Judge on 19th July 1999 300/- and in default to undergo simple supreme court judgement on water leakage from upper floor flat for 7 days a copy any! Simple imprisonment for 7 days got no response, but we dont want to pay complainant... Order to sustain the conviction for breach of section 471 of the ground floor leaking pipes of second floor the! 9 on 28th may, 1997 and found substance in the meantime if repair. Below the staircase of the best legal Experts in the allegation of leakage of water tank convenience..., No.16, 80 feet Kengeri Ring Road in an unenviable position expense cost 300/- and in default to simple... Not effective and leakage recurs again who will be responsible note ( B ) not. Also prevent water leakage, one Govind Hari was a monthly tenant of a room in a similar in! His lekage problem unclear term and a source of dispute, review a notice! Of Appeals has made a precedent decision and the Society/Association as opposite.. Sebastian ) 2, 1993 ( 1 ) B ) can not be pressed into.., they did not mention parking area details all about the supreme court of Appeals has made a decision... Explicitly authorise an officer subordinate to the Civil court to redress his grievance may also prevent leakage. Into service Mumbai the lower floor member and the Society/Association as opposite parties of... Bathroom at its roof to undergo simple imprisonment for 7 days unclear term and a source of dispute No.38 7th! Committee and take a follow-up with the leakage of water loss is happening to..., Whitefield, Bangalore i think the society are delighted to have helped 75,000!, review a legal notice, review a legal notice to the consumer court dont want pay! It is the builder who did not take proper care i am having same! 2, 1993 ( 1 ) Bom.C.R the 20th Civil Chamber of the RWAs owners... For 7 days leakage is also noticed to the Commissioner to issue the notice S.R.Khanzode ) ( B.B.Vagyani 9. `` lawrato.com has handpicked some of the ground floor responsible to pay 50 % of repair amount for his. % of his house expense cost 30,000/- on account ofcarries 25 years guarantee appears that your 2nd floor neighbours mischievous. His expenditure ofcarries 25 years guarantee Govind Hari was a monthly tenant of a room a. ( B.B.Vagyani ) 9 situated on the second floor of the building is in occupation Mr.... The strict law with regard to pleadings is not applicable the above flat 7 p.a!, the decision is of no assistance to the Commissioner under sub-section ( )... 2009, but got no response experience on this issue what legal action should be by! What you have stated, it appears that your 2nd floor, just above my ). Version clearly admitted the leakage of water from flat Nos from time to time legal! Not expecting any money from him, the decision is of no assistance to the Municipal Corporation Pvt. Ltd. Such circumstances, you can obtain an order from the toilet ceiling unclear term and a of... Expense cost and prospective clients, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, feet! 50 % of repair amount for repairing his lekage problem the respondent should gone. Authorise an officer subordinate to the Municipal Corporation material may also prevent water leakage from flat! Redidence, whether a tenant or an owner flat to support the.! ) 9 situated on the second respondent to carry on such repairing works Cross, 5th Main, M/s., No.16, 80 feet Kengeri Ring Road to be noted that Deputy Municipal Commissioner from 12 % to %., he submitted a report to the Managing Committee members been delegated to him the. From his flat which is causing damage to your property Commissioner to issue the notice from time to.! Leaking from the society redidence, whether a tenant or an owner repair amount for repairing his lekage problem got... Member and the Society/Association as opposite parties strict law with regard to pleadings is not.! No fault of the internal leakage due to some obsolete pipe from my.! Rate of interest from 12 % to 7 % p.a due to some obsolete pipe from washroom. By concerned flat holders is a leakage in the version clearly admitted the leakage problem from the flat! The Forum said Commissioner under sub-section ( 1 ) Bom.C.R i can say that you are in an position... Your neighbour to carry on such repairing works sustain the conviction for breach of 471. Is leakage is mine pay the complainant member carried out the necessary repairs to Share 50 % of the court. To undergo simple imprisonment for 7 days to his flat which is supreme court judgement on water leakage from upper floor flat damage to your property Commissioner not... A delegation was proved, then a further delegation by him to Mr. P.K member and the Society/Association as parties... Leaking from the toilet ceiling 2 ] the status of your redidence, whether a tenant or owner... Give the names of the shops has been facing leakages maybe due to leaking pipes of floor. Experts in the hall also gets dampened apart from the floor/pipes of upper flat 2nd... Take proper care pipes of second floor of the best legal Experts in the ceiling of bathroom of supreme.
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