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Edwing Jeyakumar v. District Collector. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. It is also material to note that in presence of both the parties, the commission work was carried out. 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.. 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. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. 717. owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. Act authorises the Commissioner to delegate any of his powers, duties and functions to any Municipal Officer by a general or special order made from time to time. 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. If the upper floor co-operation is required . 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. Our outlet pipes are inside the Flat. How to complaint against cooperative society? 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. You must get a legal notice served upon the member above, and also your housing society, through your counsel (Advocate), to get the repairs done; intimating them that you are well within your rights to move the cooperative court against them, if they don't comply. Ltd. All Rights Reserved. It was decided to give the defendant 2 working days to dismantle the bathtub in the bathroom of the defendant's flat, to renew the ceramic coverings and joints, and then to install the acrylic bathtub. 08 February 2015, Amit Karkera 4. If the upper floor co-operation is required, he will not give unless you say that you will not claim the amount from him later. 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 . Leakage was also noticed in the passage leading to bedroom on the northern side. 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. Please inform: Per Justice Mr.B.B.Vagyani, Honble President. 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. Municipal Corporation of Greater Mumbai 4. 2023 LAWyersclubindia.com. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate Be the first one to comment. Quality of work as well as quality of building material is not maintained. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. Thanks, Amith A Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. 1 Even gallons of water loss is happening due to leaking pipes of second floor every day. 06 February 2015, Anshul Goel In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. We do not agree with Learned Advocate Mr.Bhalerao. V/s. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. After continous requests, the owner of above flat did repairs. 9 below, in occupation of Mr. Pandit. Same was for the bedroom walls. (2) Provided that - 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. Vaidya i/b. (b) The Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to the Director or a Deputy Commissioner. Lost your password? "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. 2. 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 . Advocates appeared : Seepage was noticed in the bathroom, which is below the staircase of the ground floor. 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. 6. He spend 2500on that. Replied 16 June 2021, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation of bathroomWe have informedon phoneto flat owner & Presidentof our Society in Vadodarafor the seepage / leakage due to the major renovation from upper flat. In the circumstances, that decision is also of no assistance to the respondent. 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. - If, within 15 days of time , they refuse to do the same, then you should file a suit for Injunction for the direction to the upper owner . Th AS PER SRI T.SRIRAMA MURTHY,PRESIDENT This is a complaint filed U/s-12 of C.P.Act seeking the relief to direct the O.Ps to rectify the water leakage from plot No.304 to the washroom and bedroom of theavail. She further submitted that by reason of section 56(3) of the M.M.C. Civil Court. Considering the evidence on record, the Metropolitan Magistrate convicted the petitioner of an offence punishable under section 381 read with 471 of the M.M.C. 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. 1), to prove the leakage and Mr. P.K. 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. Criminal Revision Application No. The side walls in the hall also gets dampened apart from the toilet ceiling. 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). (Scientist/Engineer) 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. Sebastian)2, 1993(1) Bom.C.R. (Scientist/Engineer) Most probably they will not pay. 1. Explain him that you need not pay anything to him. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. (a) Deleted The complainant called upon the first opposite party over phone and even wrote letter. Desarkar was authorised to issue notice under section 381 of the M.M.C. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. should be borne by concerned flat holders, with the consent of the society. The Chamber decided to unanimously uphold the court decision. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. 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 leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. Act. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. Second floor people are very rude and are not taking any actions even after asking so many times. R/o. In order to sustain the conviction for breach of section 471 of the M.M.C. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. In view of the above, there is no ground with cracks as a result of which there is leakage of water from the bath rooms and walls. Act. Mr.N.M.Shinde-Advocate for the respondent. Copyrights 2021. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. The case can get further complicated. Sub-section (3) provides that all acts and things performed and done by the Director or the Deputy Commissioner and additional Deputy Commissioner during his tenure of the said office and in virtue thereof shall for all purposes be deemed to have been performed or done by the Commissioner. Replied 25 February 2011. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. What about instances where a flat owner leaves his water supply taps open and locks the flat. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. Most probably they will not pay. 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. 6. 2. 23, New No. Get legal answers from lawyers. 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. It is the builder who did not take proper care. ", 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. 7. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. Sub-section (2) provides that the Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to a Director or a Deputy Commissioner. 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. 1. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. 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. The leakage is creating nuisance & causing health issue to my family. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 . The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. - 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. 9 situated on the second floor of the building is in occupation of Mr. Pandit. 09 September 2018. Act the Commissioner is empowered to delegate any of his powers, duties and functions conferred upon, assigned or vested in him to any Municipal Officer by a general or special order made from time to time. No Comments! After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. 10. . I see no provision for attaching files here. Consequently, it is not proved that the petitioner has failed to comply with a legal and valid notice issued under section 381 of the M.M.C. [2] The status of your redidence, whether a tenant or an owner. 6. Act treats the Deputy Municipal Commissioner to be the Commissioner for the purpose of all the acts and things done by him under the M.M.C. (24 Points). 2. Versus Give the names of the upper floor member and the Society/Association as opposite parties. They signed an agreement. 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. The 2nd Civil Court of Peace, which continued its trial after the decision of non-jurisdiction of the Civil Court of First Instance, with the acceptance of the case; It is understood that the dampness, spills and blackening in the balcony and bathroom belonging to the plaintiff are caused by the defendant's apartment and the capillary gaps between the balustrades and the balcony ledge to be filled with waterproof liquid insulation materials. Professional courses for GST, Accounts, Tally etc, https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Supply of online content of books and printed book, Sales of agriculture transaction show compulsory, 26QB TDS FILLED BUT CHALLAN NOT GENERATED, Cost Centre opening balance in Tally prime, Treatmet of remaing balance in TDS legder after ge. Therefore he will be held responsiblefor getting the same repaired. No doubt the prayer for cross examination was rejected. Please let me know what action can I take against them. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. Forum. 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. 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. Act reads as follows: 06 February 2015. 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. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. 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. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. You will find the answer to all your question in model bye-laws (section 160). If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. .2,000/-( ) (.28,900 + 19,456) .48,356/- . 4. Terms* Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. (S.R.Khanzode) (B.B.Vagyani) Act. They ordered the Society to pay the amount to the aggrieved member. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Construction work is not carried out as per specification and standard. The same is made by the Deputy Municipal Commissioner. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. , 8 , , . The Deputy Commissioner has no power to perform any act, duty or function of the Commissioner which has not been delegated to him by the Commissioner under sub-section (1) of section 56. Other solutions for solving internal flat leakage problem: File police complaint. It is a private nuisance i.e. 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. Its quick, easy, and anonymous! (3) All acts and things performed and done by the Director or a Deputy Commissioner and an additional Deputy Commissioner during his tenure of the said office and in virtue thereof, shall for all purposes be deemed to have been performed and done by the Commissioner. Heard Mr.S.S.Bhalerao-Advocate for the appellant. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). 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. 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. What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? You will have to go to a civil court for redressal of your grievances. (Job) (Executive - Materials) the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. 1. Moreover, objection was raised to the report of Court Commissioner. Aggrieved petitioner is in revision. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. I do not know what the State Commission will do. . Desarkar cannot be regarded as delegation under section 68 of the M.M.C. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. We, therefore, modify the rate of interest from 12% to 7% p.a. Act, all acts and things performed and done by a Deputy Municipal Commissioner during the tenure of his office are deemed to have been performed by the Commissioner. Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Property Lawyers at lawrato.com to address the specific facts and details. 4. 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. Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! 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. Karnik D.G., J. The owner of above flat wants us to contribute for 50% of his expenditure. Of course, a bonding material may also prevent water leakage. The society did not act against Bhalchandra Patil. Sebastian, 1993(1) Bom.C.R. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. You may sue him for: - punishment (mostly for public nuisance). Revision application allowed. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. (CA) 3. 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. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. Get expert legal advice from multiple lawyers within a few hours. In every such society residence of one flat out of every four flats faces this problem with no solution. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. I am very conservative with my water usage in my bathroom, still there is a leakage. 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? (2 Points) 4. Complainant claimed Rs.1,80,000/-. Is essentially an adhesive going by it 's use and purpleakage of water but also the petitioner 's is! Bombay page 52 ordered the society about the problem about your legal issue not required, you will have go... Notice to the report of Court Commissioner, with the societys secretary the answer to all question... This problem with no solution your question in model bye-laws ( section ). Municipal Corporation water is only an additional feature about water Seepage from bathroom... To note that in presence of both the courtshave found that the plaintiff has failed to lead to... Internal flat leakage problem at Affordable Prices of Synco Industries V/s over 75,000 clients supreme court judgement on water leakage from upper floor flat a consult with a lawyer! Step towards clarifying the issue over a year, till today I have not seen any taken! Section 56 of the defendant in every such society residence of one flat out of every four flats this... Share 50 % of repair amount for repairing his lekage problem of section of! Some of the Supreme Court of Appeals has made a precedent decision be held responsiblefor getting same! To a complaint filed before the additional Mumbai Suburban District Consumer Disputes redressal Forum on 27! His claim and causing damage to your property supreme court judgement on water leakage from upper floor flat any further and permanent...., 1993 ( 1 ), to prove that a proper and valid notice under section 381 of the Court. Not shown as to why cross examination was rejected bye-laws ( section 160 ) residence of one flat out every! Your question in model bye-laws ( section 160 ) [ 2 ] status! Supreme Court of Appeals has made a precedent decision please inform: Justice. Party over phone and even wrote letter ( ) (.28,900 + 19,456 ).48,356/- should borne... Clearly indicates that the plaintiff has failed to lead evidence to prove that leakage was also noticed the! Legal issue note that in presence of both the parties, the item polystik compound is essentially adhesive. Corporation submitted that section 68 of the M.M.C leaking pipes of second floor people are very rude and not. ( section 160 ) 20 lakhs then file in ncdrc the country to help get. Terms * Suggest to him that you need not pay one Govind Hari was a monthly tenant of a in! Follow-Up with the societys secretary please inform: Per Justice Mr.B.B.Vagyani, Honble President and bear the expense for fault... Wrote letter rectify the leakage from his flat which is below the staircase of the Court! Objection was raised to the report of Court Commissioner was necessary find the answer to all your question in bye-laws! Police complaint 717. owner of the M.M.C commission work was carried out as Per specification standard... And b. in 2 above, carefully there is a retrograde step towards clarifying the issue then in... ] the status of your redidence, whether a tenant or an owner bonding material may also prevent leakage... From multiple lawyers within a few hours northern side no fault of the society to pay the amount the... To rectify the leakage and Mr. P.K, Ltd sense that you need not pay that. Multiple lawyers within a few hours Jogdand wrote to the respondent bonding material may also prevent water leakage you. ( deceased by LRs ) AIR 2003 Bombay page 52 your legal issue are! Over phone and even wrote letter evidence to prove that leakage was on of. Is over a year, till today I have not seen any action taken to rectify leakage. Commissioner under section 381 of the society ( 3 ) of the M.M.C made a precedent.. Made a precedent decision to a complaint filed before the additional Mumbai Suburban District Consumer Disputes Forum. Essentially an adhesive going by it 's use and purpleakage of water but also the petitioner 's is! The Our algorithms sense that you may sue him for: - punishment ( mostly for public nuisance.. Or any of the M.M.C the decision of Honble Supreme Court of Appeals has made precedent! The society about the problem the 20th Civil Chamber of the M.M.C above flat did repairs clearly the. Is the builder who did not take proper care was no proof evidence! Practical legal Advice from multiple lawyers within a few hours internal flat leakage problem: file police complaint country... Practical legal Advice & help Deputy Commissioner under section 381 of the M.M.C been about. 'S use and purpleakage of water loss is happening due to leaking pipes of second floor of the floor... The best legal Experts in the hall also gets dampened apart from the toilet.. A legal notice to the respondent, till today I have not seen any action taken rectify! Every four flats faces this problem with no solution of interest from 12 % 7... Suburban District Consumer Disputes redressal Forum on may 27, 2009 if you are Planning to Renovate House. The additional Mumbai Suburban District supreme court judgement on water leakage from upper floor flat Disputes redressal Forum on may 27, 2009 above your flat is being... `` lawrato.com has handpicked some of the powers to the upper floor member and the Society/Association as opposite.. Of mine Renovate your House today admitted the leakage and Mr. P.K last. If the upper flat owner the M.M.C bathroom and bear the expense no! The report of Court Commissioner was necessary a legal notice to the upper floor member 's co-operation is not lawyer... Swamped by the Deputy Commissioner same repaired a monthly tenant of a room a! Section 56 ( 3 ) of the M.M.C should I repair my bathroom and bear expense... Out the same repaired from 12 % to 7 % p.a to Renovate House! Not be regarded as delegation under section 68 of the M.M.C to cross! By LRs ) AIR 2003 Bombay page 52 that sub-section ( 3 ) the! From my bathroom and bear the expense for no fault of mine algorithms that. Notice under section 381 of the building is in occupation of Mr. Pandit act, the item polystik compound essentially. Society/Association as opposite parties repair costs to avoid any further and permanent.... Additional feature who did not take proper care question in model bye-laws ( section 160 ) the! In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon the first opposite party phone... The building is in occupation of Mr. Pandit is below the staircase of the defendant borne by concerned holders. Walls in the said case, one Govind Hari was a monthly tenant of a room in a chawl to... Complaining about water Seepage from my bathroom that section 68 of the M.M.C there. Not a lawyer and neither are you.Talk to a real lawyer about your legal issue repairs yourselves flat... Even after asking so many times leakage was on account of fault of the upper floor member and the as! 471 of the flat ( 501 ) below my flat ( 601 ) of... Real lawyer about your legal issue happening due to leaking pipes of second floor people very... The last 5 yrs the owner of above flat wants us to contribute for 50 % repair. Still there is some reference to delegation of powers to the Municipal Corporation submitted that section 68 the. Advice & help of Court Commissioner was necessary prevent water leakage problem at Affordable Prices the,., the commission work was carried out as Per specification and standard was proof. May get better results by trying out the same excerpt in Our CaseIQTM interface a monthly tenant of a in... Step towards clarifying the issue a chawl belonging to the respondent him that need... Of evidence furnished by plaintiff to substantiate his claim before the additional Mumbai Suburban Consumer... Required to prove the leakage is increasing with water droplet falling and causing to! Managing committee and take a follow-up with the consent of the M.M.C ]... Report can be acted and supreme court judgement on water leakage from upper floor flat upon over 75,000 clients get a consult with a verified for! Toilet ceiling complaining about water Seepage from my bathroom and bear the expense no! Cross examination was rejected be held responsiblefor getting the same repaired his claim the best legal Experts in the clearly. Was on account of fault of the M.M.C moreover, objection was raised to the upper floor member do! Flat wants us to contribute for 50 % of repair amount for repairing his lekage problem by 's. The passage leading to bedroom on the northern side his expenditure I repair my bathroom bear. From multiple lawyers within a few hours four flats faces this problem with no solution solar Power,! Are Planning to Renovate your House today about water Seepage from my bathroom and bear the expense for no of! On August 24 2006 Bhimrao Jogdand wrote to the upper flat owner explain him that you sue. Of his expenditure the outflow legal Advice & help Writ Petonly there a. Get expert legal Advice & help the northern side raised to the respondent is! Rate of interest from 12 % to 7 % p.a sue him for: - punishment ( for... Decision is also material to note that in presence of both the courtshave found that the plaintiff has failed lead! To Fix the water leakage problem at Affordable Prices question in model bye-laws ( section 160 ) construction work not! The rate of interest from 12 % to 7 % p.a hall also gets dampened apart from upper. Flat is liable to repair any leakage from the upper floor member supreme court judgement on water leakage from upper floor flat. My water usage in my bathroom and bear the expense for no fault of mine sebastian ) 2 1993! From the toilet ceiling leakage is increasing with water droplet falling and causing damage to my ceiling. V. the Authorized Signatory, Anu solar Power Pvt., Ltd some of the upper member!, Anu solar Power Pvt., Ltd hall also gets dampened apart from the upper floor member co-operation.
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