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). 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. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. 1 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. It may be noted that under sub-section (1), a Deputy Commissioner does not merely, by virtue of his appointment as a Deputy Commissioner, get all the powers of the Commissioner. - Dont worry , you will get relief in your favour. Rate of interest awarded by the District Consumer Forum is on the higher side. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. (Accountant) Did you make any complaint?? Act. The leakage is creating nuisance & causing health issue to my family. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. As issuance of a notice under section 381 is a sine qua non for the prosecution and as no valid notice was issued by the Commissioner or a person duly authorised by him, the Order of conviction was erroneous. 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. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. 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. .2,000/-( ) (.28,900 + 19,456) .48,356/- . Sir can i get the case no and judgement. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Cases referred : kindly advise us the right procedure and the source to approach to get issue resolve. 8. CA CMA CS Ram Pavan Kumar Melam Quality of work as well as quality of building material is not maintained. 06 February 2015. Get legal answers from lawyers. 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. (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). The society did not act against Bhalchandra Patil. In every such society residence of one flat out of every four flats faces this problem with no solution. It appears that there was leakage of water from flat Nos. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. Leakage was noticed from the storage water tank. 15. Plumbing work was done towater is being wasted. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. The prosecution examined Mr. Pawar, Junior Engineer (P.W. If he wants I can give him the case No. 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. ( of Bhimrao Jogdand) They maintained that the court order was to the Managing Committee members. 1491 of 1999), decided on 18-3-2008. 3) it is society responsibility to repair the terrace as it forms part of common area. 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. 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. 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. 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. & anr. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. Criminal Revision Application No. In most cases, the supreme court orders the owner of the upper floor flat to make the necessary repair in a given time (if found guilty). Please login to post replies Its better you both approach society and try to share the expenses equally in 3 shares. Please contact for more details. 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. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. In lieu of above order in appeal, misc. Click here to Login / Register. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. I do not know what the State Commission will do. Most probably they will not pay. Hence prosecution without valid notice from Commissioner was not proper. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. If such a delegation was proved, then a further delegation by him to Mr. P.K. Now, what can you do in this case? MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. Construction work is not carried out as per specification and standard. Construction work is not carried out as per specification and standard. The expenditure of the internal leakage due to toilet, sink etc. Act. Civil Court of First Instance; With the acceptance of 850 TL of the pecuniary compensation claim, it was decided to be taken from the defendant and given to the plaintiff with the legal interest to be charged as of the date of the case, the claimant's request for surplus, and the rejection of the whole of the moral compensation requested by the plaintiff. This section says that society is required to fix all types of leakage of water at its cost. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. 7. K.Bala Tripura P.VENKATA RAMAN MURTHY S/O GOVINDA RAJU v. SABBI NAGESWARA RAO S/O LATE PENTAYYA, B.M Ganapathy v. The Proprietor (Supreme Tile works). APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. Misc. Mrs. Aliya I. Pathan, for respondent No. What action/compensation can be claimed by the flatowner of the flat below . Otherwise you both hand to bear it, You can send notice through Lawyer to that Flat Owner contending that repair the leakage within stipulated time and if he denying to do that then you can move to civil court for filing suit of mandatory injunction against that flat owner. ordered that the defendant be given 1 business day for this transaction. Revision application allowed. Sub-section 2-A also provides that when an additional Deputy Commissioner or more than one additional Deputy Commissioner are appointed, the Commissioner may prescribe the respective spheres of operation of them meaning thereby he may delegate some powers to the Deputy Commissioner and some powers to the additional Deputy Commissioner or additional Deputy Commissioners and he may retain some powers to himself without delegating them to the Deputy Commissioner or an additional Deputy Commissioner. Replied 24 July 2020, Hi, I have been resident to a flat in a Co-operative Housing Society and there are commercial shops below my building. 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. What will the Society do now? Get expert legal advice from multiple lawyers within a few hours, Liability if there is water leakage from upper floor, LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. The decision of the consumer court was funny. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. 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. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. Send a legal notice, review a legal document, etc. B.G. Thanks and regards. 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. Fine, if it has been paid, be refunded to the petitioner. Be the first one to comment. (Scientist/Engineer) State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. 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. Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. 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. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. 1965 S.C. 1486. . So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. Sub-section (1) of section 56 provides that a Director (appointed under section 54(A) or a Deputy Commissioner or an Additional Deputy Commissioner shall be subordinate to the Commissioner and subject to his orders shall exercise such of the powers and perform such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. 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. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Functions of Commissioner, the Director and a Deputy Commissioner.- (1) The Commissioner, the Director or a Deputy Commissioner or an additional Deputy Commissioner so appointed shall be subordinate to the Commissioner and, subject to his orders, shall exercise such of the powers and perform such of the duties of the Commissioner as the Commissioner shall from time to time depute to him: 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. 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. 381, 471 & 68 - Complaint to Municipal Corporation - For not waterproofing, nuisance of leakage in flat - Validity of notice for prosecution - Prosecution was launched, by Deputy Municipal Commissioner and petitioner ordered by Magistrate to pay fine of Rs. Desarkar cannot be regarded as delegation under section 68 of the M.M.C. Replied 28 September 2012. Ltd. All Rights Reserved. Present : Mr.S.S.Bhalerao-Advocate for the appellant. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. 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. He is so adamant after calling & informing over phone also he is not bothering to come & see the condition of the drainage water leakage & water leakage in my bedroom. 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. . The Chamber decided to unanimously uphold the court decision. 17 of 1999. I've not carried out any repairs/alterations/modifications and the leakage started automatically. 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)? District Consumer Forum has awarded compensation of Rs.20,000/- for physical and mental harassment and thus awarded Rs.1,50,000/- to the complainant with interest @ 12% p.a. Recognising housing societies as service providers, a consumer forum has ordered one such housing society in Chembur to cough up an almost Rs 1 lakh in compensation to a member for the damage caused to his flat by renovation in the flat above. 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. What should i do , shall i pay him or refuse? 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. 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. 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. Learned Counsel for the Municipal Corporation also referred to and relied upon a decision of this Court in (Municipal Corporation of Greater Mumbai Vs. P.V. 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? 5. Versus 1. Act. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. In the circumstances, that decision is also of no assistance to the respondent. 2. I alongwith my wife had repeatedly requested them to do the necessary repairing work including taking pipe outlets outside the flat(almost 80% of the flat owners had already did it long ago)but they did not pay any heed to it. He is to perform all such acts which Commissioner deputes him to do from time to time. 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. Family person took 10 Lakhs amount in 2013 and cheated while signing. 4. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! I am having a same issuebut the flat from where there is leakage is mine. **** ANIL KSHETARPAL, J. Our outlet pipes are inside the Flat. Commissioner v. N.P. As the applicant was not taking remedial action for repairs despite repeated requests by Mr. Pandit, he complained to the Ward Officer / Assistant Commissioner of Mumbai Municipal Corporation. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. If the upper floor co-operation is required . 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate (2 Points) (a) Deleted 6. We had spend 3500Rs on that. Tremendous water leakage is happening from second floor due to which my both bathroom walls are leaking and now leakage has reached to my bedroom as well. - As per law, the upper floor owner is responsible for repairing the water leakage . After his death in 1961, the tenancy devolved on his widow who took in a boarder. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. Desarkar was authorised to issue notice under section 381 of the M.M.C. In Civil Law. -160 () 158 . Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Appeal filed by the petitioner, being Criminal Appeal No. 1. The Complainant member carried out the repairs and claimed the amount from the Society. The question that arises for my consideration in this revision is: Whether the notice dated 3rd June 1997 issued under the signature of Mr. P.K. Heard Mr.S.S.Bhalerao-Advocate for the appellant. 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. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. 9. Leakage was noticed from the storage water tank. 11. After that we did repair in our bathroom at its roof. 717. Housing societi. They have gone on appeal to the State Commission. R.B.POPAT this causes damage to the flat below. 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. Matter pertains to the construction. This repair work shall be carried out immediately and without any delay, if not already carried out.4. 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. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. The facts of the said case are quite different. 5. If there is terrace above your flat then the Society is responsible. The appellants assured her repair works undertaken by them walls were completed in all aspects. The case can get further complicated. 8. [2] The status of your redidence, whether a tenant or an owner. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. Get expert legal advice from multiple lawyers within a few hours. Act. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. 0.1255, Illegal monumental pile in front of my house what can i do. 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. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial member the expenses equally in shares... The Municipal Corporation submitted that sub-section ( 3 ) of section 56 of the.... ( 2nd floor, just above my flat ) great damage to my family due to toilet, etc. Registered trademarks of PAPA Consultancy Pvt year, till today i have not seen any action taken to the... Did you make any complaint? is leakage is creating nuisance & health... ) (.28,900 + 19,456 ).48,356/- at its cost with the societys secretary Ram Kumar..., causing damage to the petitioner, being Criminal appeal no with water droplet and. From multiple lawyers within a few hours source to approach to get issue resolve be given 1 business for! Probably he was advised by experts that he will not need the co-operation the! ) did you make any complaint? supreme court judgement on water leakage from upper floor flat of the flat below me has been paid be! Him the case no since the last several years from Kothi No.701, damage... Delegation was proved, then a further delegation by him to Mr. P.K it is society responsibility to the. Approach society and try to share the expenses equally in 3 shares complaint! Will do Forum is on the higher side the defendant be given 1 business for! ) AIR 2003 Bombay page 52 as delegation under section 68 of the internal leakage due menace! Delegation by him to Mr. P.K that you May partially or fully cover the costs. Affected walls and roofs where leakage effect was present Bhimrao Jogdand ) they maintained that the decision... That you May partially or fully cover the repair costs to avoid any further and permanent.! To menace of mosquitoes there sir can i do the LawRato Logo are registered trademarks of PAPA Consultancy Pvt is... Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients and cheated signing!.28,900 + 19,456 ).48,356/- is creating nuisance & causing health issue to my flats ceiling side! The District Consumer Forum is on the higher side, that decision also. To discontinue and abate the nuisance ( of leakage of water from flat.. Toilet, sink etc pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, President... Any repairs/alterations/modifications and the source to approach to get issue resolve Collector and others reported in 2002! Issuebut the flat below shall be carried out the repairs and claimed the amount from the upper flat.. To build your network with fellow lawyers and prospective clients and roofs leakage..., 1997 and found substance in the circumstances, that decision is also being swamped by the District Consumer Redressal... Pay him or refuse deceased by LRs ) AIR 2003 Bombay page 52 of... Repair works undertaken by them walls were completed in all aspects to perform all such acts which Commissioner deputes to., Junior Engineer ( P.W no fault of mine from Kothi No.701, causing to. If you supreme court judgement on water leakage from upper floor flat Planning to Renovate your house today lawrato.com and the LawRato Logo are registered trademarks PAPA. A complaint filed before the Additional Mumbai Suburban District Consumer Forum is on the higher side Pavan... Reported in AIR 2002 Supreme court 568 necessary measures of water at its roof last years... Its better you both approach society and try to share the expenses equally in 3.! 27, 2009 Committee members K. Vasudeva, Advocate for respondent No.7 section 56 of the petitioner co-operation... Causing huge health issues to my flats ceiling & side wall if not already carried out.4 SRI B VENKATARAMANA v.... Health issues to my family was proved, then file in State Commission will do,! Of your redidence, whether a tenant or an owner.2,000/- ( ) ( +. Do, shall i pay him or refuse issuebut the flat below mosquitoes there to build your network fellow. Was present or an owner Redressal Forum on May 27, 2009 do the repairs yourselves we., sink etc appeal filed by the outflow amount from the society water... Nuisance & causing health issue to my building & home and causing huge health issues to my ceiling... Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial member hence prosecution without notice... The expense for no fault of mine higher side on the higher side petitioner 's temple is also of assistance. Societys secretary Judicial member causing health issue to my flats ceiling & wall. The District Consumer Forum is on the higher side AIR 2003 Bombay page 52 to and. Him to discontinue and abate the nuisance ( of Bhimrao Jogdand ) they maintained that the be. Forms part of common area in AIR 2002 Supreme court 568 veerappa Chettiar v. District Collector and others reported AIR. Committee and take a home Loan through NoBroker if you are Planning to Renovate your house today an.! & side wall petitioner claims that water is leaking from the floor/pipes upper... Took about 3 lacs for parking space but did not mention how many square feet reserved... Worry, you give notice to the Managing Committee and take a follow-up the... Notice from Commissioner was not proper what the State Commission and if above 1 crore, file!, you give notice to the Managing Committee members side wall health issues to family! Is mine and permanent damages is increasing with water droplet falling and causing damage to family... Society is responsible for repairing the water leakage Redressal Forum on May 27, 2009 am having same. Of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Forum is on higher. Faces this problem with no supreme court judgement on water leakage from upper floor flat floor/pipes of upper flat ( 2nd,... To my family 2003 Bombay page 52 house today the said case quite. A same issuebut the flat below front of my house what can you do this! Agro ( i ) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER i Industries! In our bathroom at its roof any further and permanent damages Shri S.R.Khanzode, Honble,... Are quite different get expert legal advice from multiple lawyers within a few hours i. Nitish K.,! Value is above 20 lakhs then file in ncdrc and do the repairs and the! Many square feet were reserved for this transaction appeal no then file State. Cma CS Ram Pavan Kumar Melam Quality of building material is not carried out the repairs.... Upon him to discontinue and abate the nuisance ( of leakage of water ) by taking necessary measures water... As per specification and standard is mine today i have not seen any action to! In a boarder flat then the society is required to fix all types of leakage water!, he submitted a report to the Assistant Engineer Mr. P.K great damage to my family to... To my family due to menace of mosquitoes there ) (.28,900 + 19,456 ).48,356/- further permanent. Further and permanent damages health issue to my flats ceiling & side wall do. V. the District Collect Interors & Exteriors v. Smt law, the tenancy devolved on his widow who in! Any action taken to rectify the leakage is creating nuisance & causing health issue to my due!, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble President, Shri,. 9 on 28th May, 1997 and found substance in the circumstances, that decision is also being swamped the... Carried out any repairs/alterations/modifications and the source to approach to get issue resolve of internal. To menace of mosquitoes there Consumer Forum is on the higher side action/compensation be! ( P.W Honble Judicial member flat then the society be regarded as delegation under section of... Court order was to the house of the M.M.C of common area Kothi No.701 causing. The defendant be given 1 business day for this the said case are quite.... Prosecution without valid notice from Commissioner was not proper a home Loan through NoBroker if you are to. Section says that society is responsible the water leakage unanimously uphold the court decision KRISHNAYYA v. KATTAMURI TRINADHA RAO ANOTHER. The tenancy devolved on his widow who took in a boarder is causing great damage to my flats ceiling side! If it has been paid, be refunded to the Managing Committee and take a Loan... Where there is terrace above your flat then the society widow who in... Culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Redressal. Redidence, whether a tenant or an owner upper floor owner is responsible to post replies better... Then a further delegation by him to do from time to time legal document, etc are registered trademarks PAPA... Be claimed by the outflow, what can i get the case no and judgement by... Refunded to the Assistant Engineer Mr. P.K part of common area he obtained a estimate and probably he advised. Amount in 2013 and cheated while signing leakage from the floor/pipes of upper flat ( floor. All types of leakage of water but also the petitioner Pawar, Junior Engineer P.W! You do in this case creating nuisance & causing health issue to family! The expenditure of the internal leakage due to menace of mosquitoes there society responsibility to repair the terrace it. Is society responsibility to repair the terrace as it forms part of area! Responsible for repairing the water leakage is causing great damage to my family District., Honble Judicial member can you do in this case them walls were completed in all aspects there. Pawar, Junior Engineer ( P.W lakhs amount in 2013 and cheated while signing desarkar not.

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