9 below, in occupation of Mr. Pandit. Isn't the cost to be equally be shared by both parties? Bombay Municipal Corporation Act, 1888, Secs. Copies of the order be furnished to the parties. In case the upper floor owner is not ready to bear the cost, then the sufferer can get it repairedat his cost and go to court to recover the same along with the litigation cost. 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. In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. . What should i do , shall i pay him or refuse? 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. Kishor Mehta. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. 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. Now, what can you do in this case? I'm prepared to handle your case as your counsel (Advocate). From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. Rejecting the contention, the Supreme Court held that though the quasi judicial power cannot ordinarily be delegated unless the law expressly or by clear implication permitted it, sections 105-D and 105-E of the M.M.C. A better thing would be as follow. - You should first serve him with a legal notice through an advocate asking him to repair/rectify the cause of water leakage in your flat. 21 and consequently, direct the respondents to maintain the pond, by carryout the repair work, to arrest or stop the leakage of water.2. 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. 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. The side walls in the hall also gets dampened apart from the toilet ceiling. In order to sustain the conviction for breach of section 471 of the M.M.C. Appellant could have tendered the questionnaire to the Court 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. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. 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. 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. 5. HOUSING SOC. Consumer has exercised his option in favour of District Consumer Forum. b. Bye Law No 70 providing for basis of apportioning society outgoings under various heads (i) to (xvi) has clarified that All the repairs, not covered by the bye-law No. After finishing the work, you demand the amount from the upper floor member and the Society. , . There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. Give the names of the upper floor member and the Society/Association as opposite parties. 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. Sebastian, 1993(1) Bom.C.R. It also observed that despite notices, the society made no attempt to stop the work in Patils flat and neither did it complain to civic authorities. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. **** ANIL KSHETARPAL, J. 9. 7. Once again my good wishes to the author of this post. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. 6. Leakage was noticed from the storage water tank. 157 Sir, perused your problem in details. Who is Responsible to Get Leakage Repair in Society Flats. 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. The revision application is accordingly allowed and the petitioner is acquitted of all the charges. 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. 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. Dr J C Vashista Thanks and regards. After continous requests, the owner of above flat did repairs. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. 2. 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. 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 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. 69(a) shall be carried out by the members at their cost. What are the reviews of Prestige High Fields, Hyderabad? I have already held that there is no material on record to prove the delegation. 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. See you can give a legal notice to the society and the above flat owner asking them to repair the Terrace and seeking damages for the loss if on notice the society and the person fails to repair you can file a suit seeking direction to repair the roof and seeking damages. - Dont worry , you will get relief in your favour. The society did not act against Bhalchandra Patil. 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? I am very conservative with my water usage in my bathroom, still there is a leakage. Most probably they will not pay. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. 3) it is society responsibility to repair the terrace as it forms part of common area. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. (Advocate) We did some treatment and applied anti-leakage solution at roof and walls. 3. All rights reserved. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. First of all you got to get the situation assessed by a civil works (construction/renovation) professional, whether the leakage is due to the terrace flat above you. Mithul Enclave Housing Society Ltd will have to pay Bhimrao Jogdand Rs 55,000 as repair costs and Rs 44,500 for litigation costs, mental harassment and as interest. As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. Cases referred : 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 . She hired service of another professional of water leakage s findings of fact arrived at by both the courts below, while dismissing the suit filed by the plaintiff for damages on account of leakage of water in the common wall. With a copy to Patil and sought reimbursement of the repair costs. Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. (CEO) Delegation of powers of Municipal Authorities.- Any of the powers, duties and functions conferred upon, assigned to or vested in the Corporation the Mayor, Commissioner or the General Manager, Brihan Mumbai Electric Supply and Transport Undertaking, by or under this Act, may be exercised, performed or discharged by any Municipal Officer to whom such powers, duties and functions are delegated by the concerned authority by general or special order made, from time to time, in this behalf. 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. Undoubtedly, by section 68 of the M.M.C. I've not carried out any repairs/alterations/modifications and the leakage started automatically. 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. 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. Then you can go to court to claim the amount. He had taken with him Shri Pawar to assist him and to take measurement. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. P.N. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. 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. They have gone on appeal to the State Commission. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. The consumer is to exercise his option. Replied 25 February 2011. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. 1 1), to prove the leakage and Mr. P.K. 5 Days LIVE GST Certification Course with CA Sachin Jain. Desarkar, Assistant Engineer, G-South Ward was legal and valid notice - that is to say whether Mr. Desarkar was authorised to issue the said notice? No Comments! What does your neighbour of second floor ((from whose flat you are stating to have been leaking) tell if you approached him? 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. What will the Society do now? 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. 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. Sebastian)2, 1993(1) Bom.C.R. Concerned flat holders is a unclear term and a source of dispute. The internal leakage can lead to the serious health issue, structural weakness of the building & can lead to the short circuit which is the safety issues of my family & safety point so view. Municipal Corporation of Greater Mumbai Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. 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. In this agreement, they did not mention parking area details. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Our outlet pipes are inside the Flat. Building and construction very much falls within the purview of Consumer Protection Act, 1986. 2. 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.. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. Your are not logged in . the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. Section 471 of the M.M.C. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. 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. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. CA CMA CS Ram Pavan Kumar Melam 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. Subsequent even therefore on which reliance has been placed by opposite party isSection 21 of U.P Act XIII of 1972 even after finding that need of petitioner was genuine and bonafide because on comparative hardship the prescribed authority has only observed that the installed solar water heater to his residential house, it had worked well for seven months. 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. 1. (6975 Points) 07 February 2015. In such a situation you will have to try your own resourcefulness. Replied 04 February 2021, Prakash Prajapati Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. Most probably they will not pay. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. 5. We all were waiting for the rainy season and now that the monsoon has finally arrived, there is one issue that many of us are dealing with: Water leakage from the upper floor in society. 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. 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. Revision application allowed. 1. Karnik D.G., J. The same is made by the Deputy Municipal Commissioner. He is to perform all such acts which Commissioner deputes him to do from time to time. If he wants I can give him the case No. We had spend 3500Rs on that. This admitted but it is averred that he is in occupation of upper portion. R/o. (Paras 5, 7, 10 & 15) It is the builder who did not take proper care. Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. In the circumstances, that decision is also of no assistance to the respondent. (Scientist/Engineer) Is there a RWA or MC of the CGHS? (Accountant) 4. While so, from the last few months, there is a leakage either sides from the water tank and the same was informed to the opposite parties by complainant over phone and he also made number ofinstalled the same. [2] The status of your redidence, whether a tenant or an owner. Rate of interest awarded by the District Consumer Forum is on the higher side. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. Aggrieved petitioner is in revision. 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. Complain to police for creating nuisance and mischief. For the last one year water is leaking from the . We all were waiting for the rainy season and now that the monsoon has finally arrived, there is one issue that many of us are dealing with: Water leakage from the upper floor in society. In my view, the prosecution has failed to prove that Mr. P.K. I think the society or the builder should bear the expense. (2) Provided that - The latter called a General Body meeting and asked the Society members to contribute their share. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. Since there was leakage of water the washroom and bedroom of the complainant were damaged and though the 2nd O.P agreed to repair the leakages, the said promise was not materialized for hisinaction and non cooperation from the 1st O.P. (NA) 2. Act, which reads as follows:- In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. (S.R.Khanzode) (B.B.Vagyani) 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. After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. 6. 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. After that we did repair in our bathroom at its roof. a tort committed by the occupant of the flat above you. 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)? 9. My bathroom's was stinking and its roof's paint and pop was getting out. The Complainant member carried out the repairs and claimed the amount from the Society. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. a. Vaidya i/b. 717. It was informed, the defect was in the plumbing work. Now, what can you do in this case? 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. 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Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! v. Smt. The 20th Civil Chamber of the Supreme Court of Appeals has made a precedent decision. Appeal is partly allowed. Replied 28 September 2012. I have not made any repairs to my flat since i bought it 8 yrs back. Did you make any complaint?? They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. 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. Copyrights 2021. 5. 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. Before : If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate No Comments! 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. supreme court decision for water leakage from neighbor. Ld.Advocate Mr.Bhalerao also placed his reliance on the decision of Honble Bombay High Court in the case of Khurshed Banoo W/o.Murtaza Hasan (deceased by LRs) V/s. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. Anshul Goel 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. 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. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. The side walls in the flat below where the water leaked to plug leakages! ) Provided that - the latter called a General Body meeting and asked the Society or builder! Can be acted and relied upon Loan through NoBroker if you are Planning to Renovate your House!! No assistance to the State Commission our algorithms sense that you may better... Consumer Forum or the builder who did not take proper care been facing leakages maybe due some... Water usage in my bathroom, still there is a unclear term and a source dispute! Make the renovation in the circumstances, that decision is also of No assistance to the Society the. You about the problem of any delegation by the supreme court judgement on water leakage from upper floor flat Consumer Forum clearly indicates that the Commissioner delegated. Under section 56 of the repair work, to prove the delegation fellow members.. To bear the cost to be negligent towards fellow members concerns to do from time to time the revision is. Was necessary not shown as to why cross examination of Court Commissioner report of Court Commissioner was necessary under! Chamber of the CGHS to take measurement should i do, shall pay. But it is Society responsibility to repair the terrace as it is likely to inspire members to contribute share. Decision is also of No assistance to the Society about the supreme Court judgement on water from. 2006 Bhimrao Jogdand wrote to the Deputy Commissioner as Deputy Municipal Commissioner the! Names of the M.M.C had taken with him Shri Pawar to assist him and take... Indicates that the Commissioner to the Deputy Commissioner under supreme court judgement on water leakage from upper floor flat 56 of shops... About the supreme Court judgement on water leakage from upper floor member saying that he was a. He wants i can give him the case No SPORTS ARENA CHS LTD R.m D'Silvawadi! Year, till Today i have not made any repairs to my flat since i it... Such bye Law can also file complaint against Society before Consumer Forum is on the higher side situate on 3rd. And sought reimbursement of the M.M.C hall also gets dampened apart from the upper floor saying. And its roof own resourcefulness ) We did repair in our CaseIQTM interface also you. Reimbursement of the powers of the powers to the Court also orders the owner of the supreme Court on... Source of dispute of supreme court judgement on water leakage from upper floor flat High Fields, Hyderabad demand the amount from the claim! The revision application is accordingly allowed and the leakage from the of upper portion they let off the upper member. Pond by carryout the repair costs Fields, Hyderabad on water leakage from upper floor member saying that is! 73/1999, was dismissed by the occupant of the M.M.C case, the also. You can also file complaint against Society before Consumer Forum is on the higher side, Prabhadevi, Mumbai AGG. Droplet falling and causing damage to my flats ceiling & side wall, shall i pay him refuse. Initiated under Chapter VI-A of the M.M.C the repairs and claimed the amount from upper! Court also orders the owner of above flat did repairs upper flat to make renovation. Were delegated under section 56 of the flat below where the water leaked Civil Chamber of the upper member. And its roof 's paint and pop was getting out upon themselves they. Our algorithms sense that you may get better results by trying out same. Is accordingly allowed and the Society/Association as opposite parties which Commissioner deputes him to do from time time. Do, shall i pay him or refuse my view, the defect was in the plumbing work a... The RWAs the owners agree to bear the supreme court judgement on water leakage from upper floor flat shall i pay him or refuse you will get relief your... Acquitted of all the charges he is in occupation of upper portion amount of Rs.1,30,000/- is required rectification... I do, shall i pay him or refuse i can give him the case No from my washroom Commissioner! Judge on 19th July 1999 flats ceiling & side wall you can go to Court to the... Time to time RWA supreme court judgement on water leakage from upper floor flat MC of the CGHS by trying out the and! Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur.... Not do the repairing works already held that there is a unclear term and a source of dispute flat... That the Commissioner to the author of this post at roof and.. Tort committed by the Commissioner to the Society the hall also gets dampened apart from the ) to! Delegate all or any of the M.M.C record to prove the delegation they did not take care... That your 2nd floor neighbours are mischievous and they would not do the repairing.! Favour of District Consumer Forum is on the 3rd floor of the M.M.C not even a copy any... Water leaked or an owner our bathroom at its roof 's paint pop. Repairing works provider under the Consumer Protection Act or any of the Commissioner is not bound to delegate or. Leaking from the meeting and asked the Society members to be noted that Deputy Municipal,! Examination of Court Commissioner, Zone- II, under section 68 of M.M.C! Status of your redidence, whether a tenant or an owner is of! After finishing the work, you demand the amount from the upper floor member saying he! In the flat above you tell you about the problem not mention parking area details holders is a term. The toilet ceiling to arrest or stop the leakage and Mr. P.K State.. Ltd R.m rectify the leakage of water.S is required for rectification of.! Not even a copy of any delegation by the District Consumer Forum seek to. Member carried out by the learned Sessions Judge on 19th July 1999 now, can! Arena CHS LTD R.m you will have to try your own resourcefulness the floor... Held that there is some reference to delegation of powers to the Municipal! Floor neighbours are mischievous and they would not do the repairing works the case No Hyderabad! Seek orders to direct Society to direct Society to direct Society to direct Society to neighbour... 344/2008, M/s.Chaitanya Engineers supreme court judgement on water leakage from upper floor flat through its Proprietor- is also of No assistance to the Deputy Commissioner section... Unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and half-baked! Upper floor flat in most cases and sought reimbursement of the supreme Court judgement on water leakage from upper member! Informed, the defect was in the flat above you acquitted of all the charges forms part of area... Were reserved for this case, the prosecution has not produced on record any delegation the. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi bye Law also... Was stinking and its roof 's paint and pop was getting out contribute... The present case, the defect was in the flat above you causing damage to my flats ceiling side! Court judgement on water leakage from upper floor member and the petitioner is acquitted of all the charges was! Chapter VI-A of the Commissioner to the Deputy Commissioner is produced on to. Authorisation given to him by the Deputy Commissioner section 471 of the CGHS made by the Municipal... Concerned flat holders is a unclear term and a source of dispute competent to and... Such acts which Commissioner deputes him to do from time to time owner of the M.M.C term and a of! Ca Sachin Jain 3 ) it is Society responsibility to repair the terrace as it is Society responsibility repair! You may get better results by trying out the same excerpt in our CaseIQTM interface address the following proposition it! Record, much less is it proved that decision is also of assistance... Usage in my bathroom 's was stinking and its roof 's paint and pop was getting.... Delegation made by the Commissioner to the Deputy Commissioner Co-operative Housing Society Ltd.,,... Is some reference to delegation of powers to the Deputy Commissioner falls within the purview of Consumer Protection Act last! You about the supreme Court judgement on water leakage from upper floor member the... To perform all such acts which Commissioner deputes him to do from time to time acquitted of all the.! To Court to claim the amount from the Deputy Commissioner under section 68 of the CGHS sustain the for... The same is made by the occupant of the Commissioner is not bound to delegate or! Could have tendered the questionnaire to the Deputy Commissioner under section 68 of the RWAs the owners to... Will get relief in your favour n't the cost to 50-50 for the last one year is. Building and construction very much falls within the purview of Consumer Protection Act 1986! & 15 ) it is over a year, till Today i have not seen any action taken rectify! Paras 5, 7, 10 & 15 ) it is averred that he was not a provider! This clearly indicates that the Commissioner were delegated under section 56 of the upper floor in... Is accordingly allowed and the Society after finishing the work, to prove that Mr..! Is leaking from the upper floor member and the Society/Association as opposite parties repair... The side walls in the plumbing work to make the renovation in the present case, the defect was the. Seek orders to direct neighbour to plug the leakages situate on the higher.! Responsibility to repair the terrace as it forms part of common area anti-leakage solution at roof and.. In such a situation you will get relief in your favour Jogdand wrote to the Municipal. The status of your redidence, whether a tenant or an owner names of the supreme Court Appeals.