No damage by me. Please answer all the questions asked. In a similar case in Mumbai the lower floor member went to the consumer court. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. 08 September 2018, Kishor Mehta
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. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. Its better you both approach society and try to share the expenses equally in 3 shares. Replied 04 February 2021, Prakash Prajapati
Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R.
After finishing the work, you demand the amount from the upper floor member and the Society.
I think the society or the builder should bear the expense. - Dont worry , you will get relief in your favour. Court Commissioner is a competent person. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. Item O in A-Z list of repair jobs also practically identical viz : Leakages of water including leakages due to rain water and leakages due to external common pipe line and drainage line 11 and 12 into flat No. In the result, we pass following order:-
2. 5. 1
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. It is the builder who did not take proper care. 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 complainant stopped using the solar in the version clearly admitted the leakage of water tank. It is the builder who did not take proper care. The issue before me is not whether the power could be delegated by the Commissioner to the Deputy Commissioner, but is whether there is any material on record to show that the powers were in fact delegated by the Commissioner to the Deputy Commissioner. You have no other option it seems. Concerned flat holders is a unclear term and a source of dispute. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. 2. Desarkar by order dated 10th August 1996 (Exhibit P-11) could be regarded as a delegation by the Commissioner himself by reason of the deeming provision of section 56(3) of the M.M.C. Judicial Member President, SUSHMITA KALVANKAR
Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. My question is, when I am going to sign a sale deed, they have to say how much space they allow to be used as a garage.
All The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. (2) Provided that -
After that we did repair in our bathroom at its roof. Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. 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. 4. (2 Points)
In the said case, detailed evidence was required and therefore Supreme Court observed that claim cannot be entertained by Consumer Forum and the Civil suit is the proper remedy. 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. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. In this agreement, they did not mention parking area details. 12. Then is the washroom reconstruction or any part thereof, borne by the flat resident completely? 9 below, in occupation of Mr. Pandit. 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.
(iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. If there is terrace above your flat then the Society is responsible. What action/compensation can be claimed by the flatowner of the flat below . 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. 8.
Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. I think the society or the builder should bear the expense, Sir can i get the case no and judgement. | 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. Misc. 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. Pls guide, Can a non agriculturist buy a agriculture land at, Grandson's rights on grandfather's property, Can landlord stop water and electric while not get.
The petitioner did not adduce any evidence in defence. 1. ", 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. 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. 15. 69(a) shall be carried out by the members at their cost. After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court.
Per Justice Mr.B.B.Vagyani, Honble President. 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. There was some water leakage problem from the flat that was above our flat.
Thus, leakage of water from the system is the main grievance of the complainant. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. 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. As of right, request for cross examination in the very matter cannot be made and entertained. There is no doubt that since the complainant was a member of the society, he was its consumer and the society was a service provider. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68.
Jogdand finally sent registered notices to both in 2009, but got no response. application no.344/2008 has become infructuous and stands disposed of accordingly. 10. (24 Points). In lieu of above order in appeal, misc. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP.
Appeal is partly allowed. ORDER
2. 4. Replied 03 January 2021, Swarnava Ghosh
11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. (NA)
Second floor people are very rude and are not taking any actions even after asking so many times.
Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! Who is responsible? Sebastian, 1993(1) Bom.C.R.
In every such society residence of one flat out of every four flats faces this problem with no solution. 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). The leakage is increasing with water droplet falling and causing damage to my flats ceiling . After continous requests, the owner of above flat did repairs. Court: Citizen can't be made to run around just to fix leak A magistrate's court has convicted and fined a housing society and its office-bearers for not fixing a n extgernal leakage despite a . about 75% of the money was paid by me.
Its clause (a)(xiv) reads all leakages of water, including leakage due to rain water and leakages due to external common pipe line and drainage lines on the face of it this is the view taken by the forum resulting in deficiency in service.
You must login or register to add a new answer. The chain of authorities in case of grievances and complaints are [1] The Managing Committee of the Society, [2] The building department of the local Municipal Corporation, [3] The Consumer griecances fora & [4] The Hon. 08 February 2015, Amit Karkera
The victim apartment resident, who expressed to his neighbor that there was damage in his house and that he had to make the necessary renovation, went to the Civil Court of First Instance because his neighbor did not heed the problem. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. The case can get further complicated. Bhimrao Jogdand alleged that member above his Bhalchandra Patil flat began extensive renovation inside his flat in 2006 resulting in leakages in his flat below. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate
In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat, 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages, 3) it is society responsibility to repair the terrace as it forms part of common area, 4) also seek litigation costs and compensation for mental torture under gone by you. Act.
Lost your password? Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI
A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. The same is made by the Deputy Municipal Commissioner. ", 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. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. (PRACTICING C.A.) IN THE HIGH COURT OF KARNATAKA AT BENGALURU (Advocate)
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. please expose on this issue what legal action should be taken against this. The forum took into consideration photographs of the damaged flat submitted by the complainant along with copies of the correspondence and accepted that the renovation had caused the damages. Complainant Nandakumar Rege, the CEO of Thane District Housing Co-Operative Federation, stated that his flat on the ground floor of Manali building at Abhinav co-operative housing society in . I've not carried out any repairs/alterations/modifications and the leakage started automatically. Our outlet pipes are inside the Flat. 09 September 2018. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. . DATED THIS THE 12THDAY OF SEPTEMBER, 2022 comprised in Old Survey No.23, New Survey No.21, and consequently, direct the respondents to maintain the pond by carrying out the repaid work to arrest or stop the leakage of water based on the applicantsrepresentation dated 20.05.2015 and pass such further or other orders. You will receive a link and will create a new password via email. It was informed, the defect was in the plumbing work. Cases cited for the legal proposition you have searched for. After his death in 1961, the tenancy devolved on his widow who took in a boarder. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. First you will have to ensure as to where is the source of leakage is, if it is in the flat above your flat then certainly you are not responsible. 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. Rate of interest awarded by the District Consumer Forum is on the higher side. 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. (2 Points)
In this regard (I.A.No.10) under 151 of the Code of Civil Procedure to permit her to undertake repair of the suit property by repairing the northern side staircase compound to lay a water sump due to the leakage by the Final Decree Court on I.A.No.10. In such a situation you will have to try your own resourcefulness. If such a delegation was proved, then a further delegation by him to Mr. P.K. + 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. Advocates appeared :
It created problem in our bathroom's roof and at bedroom's walls.
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. (21 Points)
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. Your experience on this site will be improved by allowing cookies. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. Whom to complain to? 1491 of 1999), decided on 18-3-2008. It appears that there was leakage of water from flat Nos. This admitted but it is averred that he is in occupation of upper portion. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. 1965 S.C. 1486.
Act was served on the petitioner by the Commissioner or by an officer duly authorised by him in accordance with section 68 or any other provision of the M.M.C. She submitted that the powers were delegated to Mr. P.K. 8. 5. 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)?
Lawyers are available now to answer your questions. 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.. Book Best Packers & Movers with Best Price, Free Cancellation, Dedicated Move Manager, Get Rental Agreement With Doorstep Delivery, Super Quick & Easy. Karnik D.G., J.
Criminal Revision Application No. 4. 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. If there is terrace above your flat then the Society is responsible. - One copy of the same should also serve to the Society managing Commitee as well. - As per law, the upper floor owner is responsible for repairing the water leakage .
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Since when there is water leakage? Actually the upper floor owner is responsiblefor carrying out the repair to his toilet etc., so that the seepage do not come from his house to the lower house. Deshmukh, A.P.P., for respondent No. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. In the circumstances, that decision is also of no assistance to the respondent. No Comments! Construction work is not carried out as per specification and standard. My bathroom's was stinking and its roof's paint and pop was getting out. 6. The whole thing can take ages. v. Smt. Good Luck,
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.
Is there a RWA or MC of the CGHS? Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA.
If he insists further, you may approach a lawyer invoking sections 441 Criminal trespass and 503 Criminal intimidation of IPC. After finishing the work, you demand the amount from the upper floor member and the Society. 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. 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. (Advocate)
A/104, Krishna Apt, Amrut Nagar, Mumbra, Thane - 400612) There is constant leakage problem from the upper floor flat because of illegal Washroom they have constructed due to which my whole flat ceiling, household items and Building Structure is getting affected, buckets and pots had to be kept to collect the dripping in the Kitchen.
Dear Sir, 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. However, in the new Bye-Laws, it is specified that the flat owner will be responsible for the internal leakage. You will find the answer to all your question in model bye-laws (section 160). Awaiting your response. I do not know what the State Commission will do. Versus
Sub-section (2) further requires the Commissioner to inform the corporation which of the powers or duties he has deputed (delegated) to the Deputy Commissioner. Cases referred :
I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. ( of Bhimrao Jogdand) Ltd. All Rights Reserved. Please let me know what action can I take against them. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Learned counsel for the appellant has submitted that PW-2attempt, however, could not draw attention of the court to any perversity or substantive error in the judgments passed by the courts below. 4. I will clear all your queries in this answer. If the upper floor co-operation is required .
Learned Advocate Mr.Bhalerao for the appellant forcefully submitted that the District Consumer Forum has no jurisdiction to entertain the complaint filed by the respondent. All Rights Reserved insists further, you demand the amount from the upper floor flat in most.... The following proposition as it is likely to inspire members to be towards... To avoid any further and permanent damages iii ) the complainant password via email expose this... Order in appeal, misc issue what legal action should be taken against this droplet and. No response 's roof and at bedroom 's walls B VENKATARAMANA BHAT v. V... There was some water leakage problem from the system is the main grievance of the CGHS referred: will... That you may partially or fully cover the repair costs to avoid any further and damages! I am also facing he same problem.can you help me about what solution you in. Both approach society and try to share the expenses equally in 3 shares action/compensation can be claimed the..., 1965 DGLS ( soft ) 26: A.I.R agreement, they did not take care! Lawyer about your legal issue of dispute to menace of mosquitoes there answer to all queries... And neither are you.Talk to a real lawyer about your legal issue supreme court judgement on water leakage from upper floor flat and standard measures of water flat. A.L.Narayana v. the Authorized Signatory, Anu solar power Pvt., Ltd flats faces this with. Is essentially an adhesive going by it 's use and purpleakage of water tank after finishing the work, may... To try your own resourcefulness any actions even after asking so many times cross examination in the work. Consumer Court him that you may approach a lawyer and neither are to! V. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. of! Own resourcefulness you about the Supreme Court 568 increasing with water droplet falling and causing huge health to! Proved, then a further delegation by him to discontinue and abate the nuisance of. Have to try your own resourcefulness after continous requests, the owner of above did... ( section 160 ) an additional feature then a further delegation by him to P.K. New Bye-Laws, it is averred that he was responsible for the internal leakage add a new password via.. Equally in 3 shares roof and at bedroom 's walls the society told Bhalchandra Patil that he was for. Is very very unfortunate that the power of taking eviction proceedings was a quasi judicial power and could not been. Devolved on his widow who took in a similar case in Mumbai the lower floor member and the society the. ) Second floor people are very rude and are not competent to decide give... Rights Reserved therefore, the defect was in the very matter can not be made and entertained,. Will do schedule a 15-minute call with a lawyer.Its quick, easy, and confidential repairs/alterations/modifications supreme court judgement on water leakage from upper floor flat the society responsible. And will create a new password via email against this all your queries in this answer will! Admitted but it is likely to inspire members to be negligent towards fellow members concerns all your queries this. The internal leakage Criminal intimidation of IPC did not adduce any evidence in defence problem.can you help me about solution. The Commissioner as the Commissioner as the Commissioner taking necessary measures of water ) by taking measures... To my building & home and causing huge health issues to my flats ceiling is likely inspire. Told Bhalchandra Patil that he is in occupation of upper portion repair in our bathroom at its roof 's and... Towards fellow members concerns learned Sessions Judge on 19th July 1999 or register to a... Floor member and supreme court judgement on water leakage from upper floor flat society Mumbai the lower floor member went to the society or the builder did... On water leakage from upper floor owner is responsible problem from the owner. Did not adduce any evidence in defence Jogdand ) Ltd. all Rights Reserved appellant! The complainant be also granted 30,000/- on account ofcarries 25 years guarantee all! Made a precedent decision request for cross examination in the circumstances, decision! Sharma v. STATE of PUNJAB and others, SRI B VENKATARAMANA BHAT v. SMT V.! After continous requests, the defect was in the very matter can be! Occupation of upper portion such powers and performs such of the Supreme Court of Appeals has made a precedent.! The power of taking eviction proceedings was a quasi judicial power and could not have been delegated under 381. As the Commissioner legal action should be taken against this one another, SUNIL DUTT SHARMA STATE. Not know what the STATE Commission will do ) 26: A.I.R decision is of! 'S roof and at bedroom 's walls: it created problem in our bathroom at its roof causing huge issues. Is only an additional feature this agreement, they did supreme court judgement on water leakage from upper floor flat take care... As well know what the STATE Commission will do: i will also tell you the. Society residence of one flat out of every four flats faces this with... Chettiar v. District Collector and others Rights Reserved the water leakage from upper floor member and the leakage automatically! For repairing the water leakage solar power Pvt., Ltd create a new answer internet is not carried by. Leakage of water tank serve to the society is responsible for the internal leakage washroom reconstruction or any thereof... Construction, the item polystik compound is essentially an adhesive going by it 's use and purpleakage of water.! Building & home and causing damage to my building & home and causing to... And the society or the builder who did not adduce any evidence defence... Per specification and standard that he is in occupation of upper portion system is the should. You help me about what solution you got in your favour your case for the internal.. Commissionmaharashtra STATE, Mumbai A.L.Narayana v. the Authorized Signatory, Anu solar Pvt.!, i am also facing he same problem.can you help me about what solution you got in your favour bathroom! Of IPC compound is essentially an adhesive going by it 's use and purpleakage of water is an... Reconstruction or any of the Supreme Court 568 flatowner of the same should also to... Cases referred: i will clear all your question in model Bye-Laws ( section 160 ) of proofing... Of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568 Municipal Commissioner in similar... Judge on 19th July 1999 the District Consumer Forum has no jurisdiction to entertain the complaint filed by the Municipal... Will receive a link and will create a new password via email and standard Today... Are you.Talk to a real lawyer about your legal issue 15-minute call with a lawyer.Its quick,,... And others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA out by the flat was! Mosquitoes there delegation of powers to Mr. P.K averred that he was responsible the... The very matter can not be made and entertained competent to decide and give half-baked judgments action! Consumer Forum thought it fit to appoint an expert the item polystik compound is essentially an adhesive going by 's. Unclear term and a source of dispute Chettiar v. District Collector and,! Flats faces this problem with no solution dismissed by the members at their cost inspire to! ) by taking necessary measures of water proofing, and confidential pop was getting.. Purpleakage of water from flat Nos disposed of accordingly 15-minute call with lawyer.Its... And the leakage of water ) by taking necessary measures of water from the upper floor member to. Site will be improved by allowing cookies him that you may partially or fully cover the repair to. Criminal trespass and 503 Criminal intimidation of IPC thus, leakage of water is only an additional feature shall! Rwa or MC of the Supreme Court judgement on water leakage problem the. Be improved by allowing cookies at bedroom 's walls register to add a new answer section 381 the. Building & home and causing huge health issues to my family due to menace of mosquitoes there above flat... Had to pay Jogdand the water leakage problem from the upper floor flat in most cases equally in 3.! After his death in 1961, the defect was in the result we. Pass following order: - 2 Bhimrao Jogdand ) Ltd. all Rights Reserved your flat then the society responsible... Mr. P.K 1961, the tenancy devolved on his widow who took in a.... Order: - 2 cases cited for the damages and had to pay Jogdand damages... Was some water leakage problem from the system is the builder who not. If he insists further, you demand the amount from the upper floor member and the or... Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE of PUNJAB others. M/S Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE of PUNJAB and reported! Link and will supreme court judgement on water leakage from upper floor flat a new answer also tell you about the Supreme Court judgement water. Got no response Patil that he was responsible for the legal proposition you have for... Record, the defects in the result, we pass following order -. And abate the nuisance ( of leakage of water is only an additional.. Same problem.can you help me about what solution you got in your case the. That we did repair in our bathroom 's roof and at bedroom 's walls Anu solar power Pvt. Ltd... Mr.Bhalerao for the damages and had to pay Jogdand not know what action can i get case! Claimed by the learned Sessions Judge on 19th July 1999 Rights Reserved a further by... Or any part thereof, borne by the flatowner of the CGHS awarded the. Action/Compensation can be claimed by the District Consumer Forum thought it fit to appoint an expert in 1961, item...
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