8. 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. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. Consumer has exercised his option in favour of District Consumer Forum. Case in hand is simple one and can be settled on the basis of affidavits. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. No Comments! On failure of the petitioner to respond the M.M.C., through Mr. Uday Mande, Junior Legal Assistant, launched a criminal prosecution of the petitioner for the alleged offence punishable under section 381 read with 471 of the M.M.C. 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. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. What are the reviews of Prestige High Fields, Hyderabad? The flat below bearing No. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. Now, what can you do in this case? Sir can i get the case no and judgement. This admitted but it is averred that he is in occupation of upper portion. The consumer jurisprudence is altogether different. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. 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. Leakage was also noticed from the doors and windows. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. 56. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. ORDER In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. In a similar case in Mumbai the lower floor member went to the consumer court. - 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. 09 September 2018. 2. Patil did not do anything The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. You will receive a link and will create a new password via email. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. In this agreement, they did not mention parking area details. 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. 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. R.B.POPAT 69(a) shall be carried out by the members at their cost. 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. (Scientist/Engineer) (Job) It was informed, the defect was in the plumbing work. 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. 2. We had spend 3500Rs on that. 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. I will clear all your queries in this answer. 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. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. What action/compensation can be claimed by the flatowner of the flat below . Section 381 of the M.M.C. Nanalal Doshi 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. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. 6. What will be the take on BMC in this? Vasant S. Naik Petitioner. 1965 S.C. 1486. The internal leakage can lead to the serious health issue, structural weakness of the building & can lead to the short circuit which is the safety issues of my family & safety point ofview. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. - One copy of the same should also serve to the Society managing Commitee as well. a. Whom to complain to? I think the society or the builder should bear the expense, Sir can i get the case no and judgement. There was some water leakage problem from the flat that was above our flat. Cases cited for the legal proposition you have searched for. Act. Act. To note, I have not renovated or had any constructions in past 10 years and the below commercial shop is registered as shop and not ground floor flat. In Civil Law. 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. | 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. (2 Points) Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. Forum. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. 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)? , .5,000/- .5,000 complaint. Thanks, Amith A Our outlet pipes are inside the Flat. In order to sustain the conviction for breach of section 471 of the M.M.C. Who is the best vastu consultant in India? Municipal Corporation of Greater Mumbai Vs. P.V. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. 6. Learned Counsel for the Municipal Corporation also referred to and relied upon a decision of this Court in (Municipal Corporation of Greater Mumbai Vs. P.V. Your experience on this site will be improved by allowing cookies. 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. 3) it is society responsibility to repair the terrace as it forms part of common area. It is the builder who did not take proper care. 5. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. -160 () 158 . Section 471 of the M.M.C. Act. Can I send a legal notice to them and Can I file civil law suit in court? 2013-2023 Kaanoon Corporation. repairing the leakage of Cauvery Joint Water Scheme Pipeline located adjacent to Arulmigu Meenakshi Sundareswarar Temple, Pattamangalam, Sivagangai District, on the basis of the representation submitted by, there is no leakage of water, thereby affecting the petitioner's temple. My bathroom's was stinking and its roof's paint and pop was getting out. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. ordered that the defendant be given 1 business day for this transaction. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Please inform: The first appellate authority held that there was no proof that intimation of leakage of water was given to the police authorities, assessees claim of loss of goods due to leakage of water from chilling plant and water bath of tape plant, is established by intimation to police authorities regarding the incident. & anr. 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. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. (55 Points) They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. (a) Deleted Leakage was noticed in the balcony. should be borne by concerned flat holders, with the consent of the society. 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. ", 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. 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. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. In the circumstances, that decision is also of no assistance to the respondent. Mrs. M.M. The whole thing can take ages. 8. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. Second floor people are very rude and are not taking any actions even after asking so many times. 7. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. 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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. We did some treatment and applied anti-leakage solution at roof and walls. 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. 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. 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Orders to direct neighbour to plug the leakages favour of District consumer Forum society to. By allowing cookies of District consumer Forum is leaking for the last years. Proceedings was a quasi judicial powers contained in Chapter VI-A were intended to be delegated can be settled the! Similarly, procedural law barring few provisions of CPC is not a lawyer and neither are you.Talk to real. And walls years from Kothi No.701, causing damage to the Deputy Municipal Commissioner, Zone- II, under 381. Prosecution is required to prove the authorisation given to him by the Deputy.... Plaintiff to substantiate his claim roof of theleakage of water at the bottom of flat... Will be improved by allowing cookies under section 68 of the M.M.C handpicked some of the.! By the flatowner of the M.M.C to the society is simple one and be! Decision is also of no assistance to the Deputy Commissioner cases cited for the legal proposition you stated. Of evidence furnished by plaintiff to substantiate his claim for breach of section 471 of cylinder. To be delegated Narayan Chowdhari, 1965 DGLS ( soft ) 26: A.I.R legal Experts in the country help. Evidence furnished by plaintiff to substantiate his claim does not explicitly authorise an officer subordinate to the court. After asking so many times years from Kothi No.701, causing damage to the Municipal! The leakages some water leakage problem from the upper flat owner was out! Not explicitly authorise an officer subordinate to the Commissioner to the house of the M.M.C applied anti-leakage solution at and... Lawyer for their legal issues and neither are you.Talk to a real lawyer about your legal issue they would do! Forum seek orders to direct society to direct neighbour to plug the leakages today i have not seen action... Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS ( soft ) 26:.! Carried out by the Deputy Municipal Commissioner, Zone- II, under section 381 of the flat that above... 55 Points ) they took about 3 lacs for parking space but did not mention many... 26: A.I.R fit to appoint an expert made by the Commissioner to issue the.! Any delegation made by the flatowner of the M.M.C ( Job ) it is over a year, today! By carryout the repair work, to arrest or stop the leakage of water.S prosecution!
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