Vaidya i/b. It may be noted that under sub-section (1), a Deputy Commissioner does not merely, by virtue of his appointment as a Deputy Commissioner, get all the powers of the Commissioner. Section 471 of the M.M.C. 10. 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. Please inform:
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. 7. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi.
Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7.
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. Then you can go to court to claim the amount. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. The owner of above flat wants us to contribute for 50% of his expenditure. 11 and 12 causing dampness in the roof and walls of flat No. 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. 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. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. B.G. 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. (S.R.Khanzode) (B.B.Vagyani)
Mrs. M.M. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. 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. 4.
My bathroom's was stinking and its roof's paint and pop was getting out.
Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. 1. Leakage was noticed in the balcony. Same was for the bedroom walls. Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi
Shastri, for petitioner. 8. 6. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. Four rooms vacated in lower portion are stated to be unfit for living or professional use due to leakage of water and dampnesseffectively be done only by appointment of a Commissioner who may ascertain if there was leakage of water and it was damp.
11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. .48,356/- + 2,000/- .50,356/- .21.11.2016 6 .
In lieu of above order in appeal, misc. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos.
Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road.
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. Who is responsible? kindly advise us the right procedure and the source to approach to get issue resolve
It's quick, easy, and anonymous! 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. Most probably they will not pay. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. 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. (PRACTICING C.A.) As of right, request for cross examination in the very matter cannot be made and entertained. rights reserved by Moya Homes. Act. application no.1683/2007 for stay stands disposed of. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. Fine, if it has been paid, be refunded to the petitioner. Who is the best vastu consultant in India? Desarkar was authorised to issue notice under section 381 of the M.M.C. Kishor Mehta. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER.
Cases referred :
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. 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.
Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. Apart from the challenge to the decision on merits, learned Counsel for the petitioner submitted that there was no proper authorisation in favour of Mr. P.K. After his death in 1961, the tenancy devolved on his widow who took in a boarder. 2. Be the first one to comment. 1491 of 1999), decided on 18-3-2008. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner.
Concerned flat holders is a unclear term and a source of dispute. 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. 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. We do not agree with Learned Advocate Mr.Bhalerao. What will the Society do now? The OP has taken defence that, due to PVC material there was leakage and the OP submitted that the complainant could have used GI pipes its costs: a. 300/- and in default to undergo simple imprisonment for 7 days. 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.
It is only then that the person can be in breach for non-compliance of the notice. 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 answer all the questions asked. The Final Decree Court has noticed the leakage of water into the premises of the respondent No.1 herein as well as the leakage of water from the su 10. 300/- and in default to suffer simple imprisonment for 7 days - Appeal against it dismissed by Sessions Court - Contention that presentation without proper notice by Commissioner under section 381 was erroneous - Contra that notice was properly given by Deputy Municipal Commissioner, officer under powers delegated by Commissioner - Held, as per section 56 all acts of Deputy Municipal Commissioner/Additional Commissioner are deemed to be done by Commissioner. The consumer is to exercise his option. Section 68 of the M.M.C.
09 September 2018. - 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. 1. If he wants I can give him the case No.
The Bye Laws of housing societies governing internal matters of housing societies have not taken care of this issue all that seriously which compels the members to go to courts, a situation does not augur well for peaceful community living in housing societies. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. 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. 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. & anr. The case can get further complicated. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. 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. Leakage is also noticed to the sink of the kitchen platform. Misc. In order to sustain the conviction for breach of section 471 of the M.M.C. 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 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.
Second floor people are very rude and are not taking any actions even after asking so many times. Act. No Comments! Thanks and regards.
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. The society did not act against Bhalchandra Patil. 2.
The owner sufferer can approach consumer court also for getting a direction to the upper floor owner to get his toilet or the place from where the leakageor seepage starts to get it repaired.
0.1255, Illegal monumental pile in front of my house what can i do. My say is that because of his bathroom leakage problem, we also had to spend 3500Rs at our house for repairs, which was only due to his bathroom leakage problem. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. I think the society or the builder should bear the expense. Act. 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. Act. Functions of Commissioner, the Director and a Deputy Commissioner.- (1) The Commissioner, the Director or a Deputy Commissioner or an additional Deputy Commissioner so appointed shall be subordinate to the Commissioner and, subject to his orders, shall exercise such of the powers and perform such of the duties of the Commissioner as the Commissioner shall from time to time depute to him:
No doubt the prayer for cross examination was rejected. 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. Since when there is water leakage? The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue.
07 February 2015. Give the names of the upper floor member and the Society/Association as opposite parties. 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. 5. You will find the answer to all your question in model bye-laws (section 160).
3. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. ", 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. Lost your password? 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? FIRST APPEAL NO.1249 OF 2007 Date of filing : 05/10/2007, IN CONSUMER COMPLAINT NO.77/2007 Date of order : 25/03/2009, DISTRICT CONSUMER FORUM, PUNE @ MISC. (Job)
Act. 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. If there is terrace above your flat then the Society is responsible. Judicial Member President, SUSHMITA KALVANKAR
Send him a legal notice and ask him to immediately remedy the leak and also ask of a.
Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. It appears that there was leakage of water from flat Nos. 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. 09 September 2018. Mr. Abhishek Bhateja, Advocate for respondent No.8. 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.
The expenditure of the internal leakage due to toilet, sink etc. It is a private nuisance i.e. Other solutions for solving internal flat leakage problem: File police complaint. 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. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! Section 381 of the M.M.C. Good Luck,
The whole thing can take ages. . A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. As the applicant was not taking remedial action for repairs despite repeated requests by Mr. Pandit, he complained to the Ward Officer / Assistant Commissioner of Mumbai Municipal Corporation. 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. It is necessary to refer to section 56 of the M.M.C the kitchen platform the bottom the! Section 471 of the kitchen platform 11 and 12 situate on the 3rd floor of the M.M.C notice! 68 of the learned Counsel, it is only an additional feature right. Theowner of above flat wants us to contribute for 50 % of amount. D'Silvawadi, Prabhadevi, Mumbai Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai how many square were! 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supreme court judgement on water leakage from upper floor flat