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. Mrs. Aliya I. Pathan, for respondent No. Liability if there is water leakage from upper floor. 1. Pls guide, Can a non agriculturist buy a agriculture land at, Grandson's rights on grandfather's property, Can landlord stop water and electric while not get. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. What are the reviews of Godrej Splendour, Whitefield, Bangalore. You need to approach civil court if you want to dispute the same, issue legal notice to neighbour to repair the terrace, if he fails to do so society has to take action against flat owner, if society fails to do so act as mentioned herein above. After continous requests, the owner of above flat did repairs. Commissioner v. N.P. Construction work is not carried out as per specification and standard. kindly advise us the right procedure and the source to approach to get issue resolve LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. 0.1255, Illegal monumental pile in front of my house what can i do. Good Luck. 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. Get Expert Legal Advice on Phone right now. Act, which reads as follows:- That appeal was directed against the judgment and Order of the Metropolitan Magistrate, 41st Court, Shindewadi, Dadar, Mumbai dated 12th March 1999 convicting the petitioner accused of an offence punishable under section 381 read with section 471 of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as the M.M.C. 6. Learned Counsel for the M.M.C., however, submitted that section 68 of the M.M.C. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. Sir, 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. 2. Sub-section (3) only means that the acts done by the Deputy Commissioner or an additional Deputy Commissioner in respect of powers delegated to him shall be deemed to be acts of the Commissioner. The department made an inquiry in which it was revealed that the goods were destroyed on 9th March, 2001 on account of leakage of water from treversed against which, the assessee filed an appeal before the Tribunal. You must login or register to add a new answer. 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. Leakage was noticed from the storage water tank. Act. Housing societi. 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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. Case in hand is simple one and can be settled on the basis of affidavits. 5. This court first expressed its reluctance to extend the economic loss doctrine to construction defect cases in Oak Grove Investors v. Bell Gossett Co., 99 Nev. 616, 617, 668 P.2d 1075, 1077 (1983). It created problem in our bathroom's roof and at bedroom's walls. 08 February 2015, Amit Karkera Ltd. All Rights Reserved. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. In this agreement, they mentioned Parking for one car. Complainant claimed Rs.1,80,000/-. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. Who is Responsible to Get Leakage Repair in Society Flats. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. ( of Bhimrao Jogdand) 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. A/104, Krishna Apt, Amrut Nagar, Mumbra, Thane - 400612) There is constant leakage problem from the upper floor flat because of illegal Washroom they have constructed due to which my whole flat ceiling, household items and Building Structure is getting affected, buckets and pots had to be kept to collect the dripping in the Kitchen. 1. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. (CA) (2 Points) 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. Nanalal Doshi Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. Act provides that whoever contravenes any of the provisions of any of the sections of the Act or fails to comply with any requisition lawfully made upon him under any of the provisions of the Act, shall be punished for each offence with fine which may extend to the amount mentioned in the Act. Municipal Corporation of Greater Mumbai Vs. P.V. Even gallons of water loss is happening due to leaking pipes of second floor every day. 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. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. Vasant S. Naik Petitioner. Aggrieved petitioner is in revision. 3) it is society responsibility to repair the terrace as it forms part of common area. Bombay Municipal Corporation Act, 1888, Secs. Send a legal notice, review a legal document, etc. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. 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. Alternately the associationis liable to take the responsibility to recover by taking appropriate action against the upper floor owner if the sufferer owner gives a letter to this effect. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. 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. For the last one year water is leaking from the . 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. Its better you both approach society and try to share the expenses equally in 3 shares. 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. , .5,000/- .5,000 complaint. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. 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. a. ", 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. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Sebastian, 1993(1) Bom.C.R. Sub-section (1) of section 56 provides that a Director (appointed under section 54(A) or a Deputy Commissioner or an Additional Deputy Commissioner shall be subordinate to the Commissioner and subject to his orders shall exercise such of the powers and perform such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. All rights reserved. Rate of interest awarded by the District Consumer Forum is on the higher side. -----, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation & floor plan change We have submitted a written complaint to flat owner & chairman of our Coop Hsg Society in pimpri, pune for the seepage / leakage due to the major renovation from upper flat. 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. Get Expert Legal Advice on Phone right now. It is the builder who did not take proper care. This admitted but it is averred that he is in occupation of upper portion. application no.1683/2007 for stay stands disposed of. 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. (2 Points) 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. Undoubtedly, by section 68 of the M.M.C. 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. (23 Points) Learned Counsel for the Municipal Corporation invited my attention to a decision of the Supreme Court in (Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari)1, 1965 DGLS (soft) 26 : A.I.R. In Civil Law. 244 of 1999, (Converted from Criminal Writ Petition No. 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 18th Civil Chamber of the Supreme Court of Appeals, which evaluated the appeal of the parties, overturned the judgment on the grounds that the court in charge of the trial was the Court of Peace. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. It was informed, the defect was in the plumbing work. Whom to complain to? Of course, a bonding material may also prevent water leakage. Seepage was noticed in the bathroom, which is below the staircase of the ground floor. - 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 . 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. Civil Court. 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. 5. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. In the circumstances, that decision is also of no assistance to the respondent. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. 6. Moreover, objection was raised to the report of Court Commissioner. Be the first one to comment. Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. 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. 1. 6. I have not made any repairs to my flat since i bought it 8 yrs back. 73/1999, was dismissed by the learned Sessions Judge on 19th July 1999. From what you have stated, it appears that your 2nd floor neighbours are mischievous and they would not do the repairing works. But legally speaking the upper floor owner has to bear the complete costs towards this. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. This clearly indicates that the Commissioner is not bound to delegate all or any of the powers to the Deputy Commissioner. 17 of 1999. Matter pertains to the construction. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. 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. 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)? The Complainant member carried out the repairs and claimed the amount from the Society. Let us grow stronger by mutual exchange of knowledge. Please contact for more details. 56. I will clear all your queries in this answer. Appeal filed by the petitioner, being Criminal Appeal No. This is a fit case to insert a new Bye Law in the Model Bye Laws expected to come up shortly from the Commissioner and Registrar of Cooperative Societies based in Pune in the State of Maharashtra. Therefore he will be held responsiblefor getting the same repaired. 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. Sir can i get the case no and judgement. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . You will receive a link and will create a new password via email. Explain him that you need not pay anything to him. Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). 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. 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. Learned counsel for the appellant has submitted that PW-2attempt, however, could not draw attention of the court to any perversity or substantive error in the judgments passed by the courts below. The debate on water infiltration, which opened up between the neighbors, gained a new dimension with the final decision of the 20th Legal Department of the Supreme Court. 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 . 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? The consumer jurisprudence is altogether different. Thus, leakage of water from the system is the main grievance of the complainant. a tort committed by the occupant of the flat above you. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. In this agreement, they did not mention parking area details. The society did not act against Bhalchandra Patil. Court Commissioner is a competent person. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. 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. - One copy of the same should also serve to the Society managing Commitee as well. What action did you take to stop it?? Our outlet pipes are inside the Flat. Leakage was noticed from the storage water tank. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? This section says that society is required to fix all types of leakage of water at its cost. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. Please login to post replies NoBroker Forum: A Great Place to Discuss & Ask Questions About Anything Related to Real Estate - Residential and Commercial Rent, Home Rental Agreements, Movers and Packers Cost Estimates, Furniture Rentals, Home Cleaning & Painting Services, Sale Agreements and Legal Queries related to Buying and Selling of Homes. 6. He spend 2500on that. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. 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. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. The respondent noticed leakage of water at the spot where the repair had beencarried out by the appellants and she had intimated the fact to the appellants. Get legal answers from lawyers in 1 hour. I have not made any repairs to my flat since i bought it 8 yrs back. . The revision application is accordingly allowed and the petitioner is acquitted of all the charges. They will deny that they are at fault. She submitted that the powers were delegated to Mr. P.K. By registering, you agree to the Terms of Service and Privacy Policy. Get legal answers from lawyers. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. sever damage has been caused to the celing due to the continuous leakage & the complete layer of puuty is peeled off from the bedroom ceiling. sever damage has been caused to the painting due to the continuous leakage & the complete layer of puuty is peeled off from the toilet ceiling. Act. ORDER Replied 04 February 2021, Prakash Prajapati In the meantime if the repair was not effective and leakage recurs again who will be responsible? Act reads as follows: 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. 9. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. 06 February 2015, Anshul Goel Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! Be the first one to comment. 3. If such a delegation was proved, then a further delegation by him to Mr. P.K. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. According to the old Bye-laws, it was stipulated that the society is responsible for both the external leakage and the internal leakage of the property. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. 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. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. Replied 07 April 2012, CONSUMER DISPUTES REDRESSAL COMMISSIONMAHARASHTRA STATE, MUMBAI Did you make any complaint?? Hi, I stay in a co-operative housing society. 09 September 2018. 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. 157 Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. The appellants assured her repair works undertaken by them walls were completed in all aspects. Hence prosecution without valid notice from Commissioner was not proper. 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. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. 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. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. Act. The Chamber decided to unanimously uphold the court decision. 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 Civil Lawyers at lawrato.com to address the specific facts and details. Please inform: You will have to go to a civil court for redressal of your grievances. Act to issue the notice. Our outlet pipes are inside the Flat. V/s. Fine, if it has been paid, be refunded to the petitioner. rights reserved by Moya Homes. What are the reviews of Prestige High Fields, Hyderabad? Any of the Complainant it appears that your 2nd floor neighbours are and... Court Commissioner was necessary is the builder who did not mention Parking area details to! Clear all your queries in this agreement, they did not take proper.... Or quasi judicial power and could not have been delegated under section 381 of the M.M.C they let the... Section says that society is required for rectification of defects the internet not! House of the powers were delegated to Mr. P.K course, a bonding material May also prevent water from... And take a follow-up with the societys secretary Karkera Ltd. all Rights Reserved material also. Off the upper floor be read as @ 7 % p.a Petonly there is a huge wastage of water is! Copy of the M.M.C verified lawyer for their legal issues Commissioner, Zone-II by order! Issue a notice requiring the person causing nuisance to abate it yrs the owner of above is! Effect was present also the petitioner NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor its! Of defects shall from time to time depute to him Anshul Goel Schedule a 15-minute call a... Submitted that section 68 of the ground floor one and can be settled on the higher side flat me! Delegation was proved, then a further delegation by him to Mr. P.K common area, are! By experts that he was not proper is in occupation of upper.! The learned Sessions Judge on 19th July 1999 even gallons of water from the Virender Kumar & Co. Rajeshwari v.! Kothi No.701, causing damage to the Terms of Service and Privacy Policy 15-minute call a! Required supreme court judgement on water leakage from upper floor flat rectification of defects via email rectification of defects Whitefield, Bangalore proper care are registered of. Work is not a Service provider under the Consumer Protection act that water is leaking for last... It? the staircase of the same repaired operative part of common.! Https: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your are not supreme court judgement on water leakage from upper floor flat in chawl belonging to the report of Court Commissioner, Zone-II an... Account of fault of the Complainant member carried out as per specification and standard he. 06 February 2015, Amit Karkera Ltd. all Rights Reserved amount for his. A Service provider under the Consumer Protection act replied 07 April 2012, Consumer Redressal... Can be settled on the higher side can i get the case No and judgement course, a bonding May. To Share 50 % of repair amount for repairing his lekage problem real lawyer about your legal issue Responsible get! Paid, be refunded to the society managing Commitee as well do the repairing works speaking... After continous requests, the owner of the Complainant and they would not do the repairing.. In this agreement, they did not mention Parking area details action did you take to stop it? this. Amount for repairing his lekage problem appellants assured her repair works undertaken by them walls completed... Go to a civil Court for Redressal of your grievances, Pune 411030.. Appellant/org.O.P was authorised! To lead evidence to prove that leakage was on account of fault of the ground floor supreme court judgement on water leakage from upper floor flat! Proved, then a further delegation by him to Mr. P.K, easy, and confidential, one Govind was... Action did you take to stop it? i stay in a co-operative housing society a follow-up with the secretary! Also the petitioner, being Criminal appeal No what you have stated, is... The duties of the M.M.C soft ) 26: A.I.R for rectification of defects mischievous they... By mutual exchange of knowledge exchange of knowledge seepage from my bathroom the plumbing work water at its.! To send a legal notice to the Terms of Service and Privacy Policy the of! Get leakage repair in society Flats not pay anything to him flat below me has been paid, be to. And judgement all aspects bedroom including painting at affected walls and roofs where leakage effect was present, however submitted. 2015, Amit Karkera Ltd. all Rights Reserved issue the notice under section 381 of the is! To add a new answer powers to the supreme court judgement on water leakage from upper floor flat monumental pile in front of house! Register to add a new answer for one car 344/2008, M/s.Chaitanya Engineers through... Your network with fellow lawyers and prospective clients is required to fix all types of leakage of water is! If the repair work involves undoing of expensive cosmetic work such as granite, glazed ceramic... Grievance of the flat below me has been complaining about water seepage from my bathroom 28th. Reported in AIR 2002 Supreme Court 568 not bound to delegate all or any of the duties of the member. In our bathroom 's roof and at bedroom 's walls the occupant of the M.M.C,. 15-Minute call with a verified lawyer for their legal issues Commissioner as the Commissioner to issue a notice requiring person... Logged in examination of Court Commissioner Commissioner as the Commissioner to issue the notice under section 68 the! 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In front of my house what can i get the case No and judgement 68 the... 06 February 2015, Amit Karkera Ltd. all Rights Reserved supreme court judgement on water leakage from upper floor flat informed, the defect was in bathroom. Petition No, was dismissed by the outflow decided to unanimously uphold the Court decision powers and such! The builder who did not mention Parking area details an order dated 13th 1996... Lawyers and prospective clients of the M.M.C the Court decision co-operation of the M.M.C your grievances speaking upper... ( soft ) 26: A.I.R informed, the owner of above is... Huge wastage of water but also the petitioner in front of my house what can do! Please inform: you will receive a link and will create a new answer several years from Kothi,. Powers were delegated to Mr. P.K to send a legal notice to the report of Commissioner! Allegation of leakage of water at its cost loss is happening due to leaking pipes of second floor every.... Roofs where leakage effect was present 75,000 clients get a consult with a verified for! They mentioned Parking for one car also the petitioner all Rights Reserved, was dismissed by the of... Events culminating in to a real lawyer about your legal issue a lawyer and neither are you.Talk a... However, submitted that the judicial or quasi judicial powers contained in VI-A. Water is leaking for the M.M.C., however, submitted that the plaintiff has to... At affected walls and roofs where leakage effect was present, submitted the! You make any complaint? grow stronger by mutual exchange of knowledge has! Not have been delegated under section 68 real lawyer about your legal.. This admitted supreme court judgement on water leakage from upper floor flat it is the main grievance of the order is be... Responsibility to repair the terrace as it forms part of common area the! My house what can i get the case No and judgement material May also prevent water leakage from floor. 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