Even though, the first opposite party denied the claim of the complainant in general, in leakage of water from house of respondent No.7. Replied 03 January 2021, Swarnava Ghosh Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. He had taken with him Shri Pawar to assist him and to take measurement. 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. 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. How to complaint against cooperative society? 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. CA CMA CS Ram Pavan Kumar Melam Please login to post replies Desarkar cannot be regarded as delegation under section 68 of the M.M.C. Even the side wall erected to his flat to support the terrace. They maintained that the court order was to the Managing Committee members. -----, 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. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. 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. 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. No Comments! 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. Municipal Corporation of Greater Mumbai In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. 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. Undoubtedly, by section 68 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 ofview. After his death in 1961, the tenancy devolved on his widow who took in a boarder. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. Where to complaint against housing society? Replied 16 June 2021, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation of bathroomWe have informedon phoneto flat owner & Presidentof our Society in Vadodarafor the seepage / leakage due to the major renovation from upper flat. The side walls in the hall also gets dampened apart from the toilet ceiling. 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. 15. 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. You will receive a link and will create a new password via email. Even gallons of water loss is happening due to leaking pipes of second floor every day. 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. 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. owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. 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. How to send property partition legal notice. The strict law with regard to pleadings is not applicable. Otherwise this will continue. Whom to complain to? rights reserved by Moya Homes. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. 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. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. 2. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. Thus, leakage of water from the system is the main grievance of the complainant. The expenditure of the internal leakage due to toilet, sink etc. IndianCitizen Civil Court. The appellants assured her repair works undertaken by them walls were completed in all aspects. (v) Water Storage Tanks, (ix) Terrance and parapet walls (x) Structural repairs of roofs of all flats, (xiv) All leakage of due to rainwater, and leakage due to external Common pipeline and drainage line. I will clear all your queries in this answer. Who is the best vastu consultant in India? 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. 1. Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. Complainant claimed Rs.1,80,000/-. In such circumstances, you can obtain an order from the competent court to force your neighbour to carry on such repairing works. Copies of the order be furnished to the parties. State Bank of Bikaner & Jaipur and others reported in AIR 2002 Supreme Court 568. What will be the take on BMC in this? The Chamber decided to unanimously uphold the court decision. (b) The Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to the Director or a Deputy Commissioner. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. Act by an officer to whom the powers of the Commissioner were delegated under section 68 of the M.M.C. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Rate of interest awarded by the District Consumer Forum is on the higher side. K.Bala Tripura P.VENKATA RAMAN MURTHY S/O GOVINDA RAJU v. SABBI NAGESWARA RAO S/O LATE PENTAYYA, B.M Ganapathy v. The Proprietor (Supreme Tile works). Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. Before : 2. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. 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Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. The same is made by the Deputy Municipal Commissioner. The Deputy Commissioner has no power to perform any act, duty or function of the Commissioner which has not been delegated to him by the Commissioner under sub-section (1) of section 56. The Chamber decided to unanimously uphold the court decision. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. The leakage is increasing with water droplet falling and causing damage to my flats ceiling & side wall. 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. 9 below, in occupation of Mr. Pandit. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. 3. Complain to police for creating nuisance and mischief. Now, what can you do in this case? After continous requests, the owner of above flat did repairs. But it is to be noted that Deputy Municipal Commissioner does not get all powers of Commissioner by mere appointment as Deputy Municipal Commissioner. 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. 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. Get legal answers from lawyers. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. 244 of 1999, (Converted from Criminal Writ Petition No. 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. Court: Citizen can't be made to run around just to fix leak A magistrate's court has convicted and fined a housing society and its office-bearers for not fixing a n extgernal leakage despite a . I have not made any repairs to my flat since i bought it 8 yrs back. We do not agree with Learned Advocate Mr.Bhalerao. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. - Dont worry , you will get relief in your favour. 4. 5. I think the society or the builder should bear the expense, Sir can i get the case no and judgement. On August 24 2006 Bhimrao Jogdand wrote to the society about the problem. Consumer Forums are quasi judicial Forums. After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. (NA) Civil Court of First Instance; With the acceptance of 850 TL of the pecuniary compensation claim, it was decided to be taken from the defendant and given to the plaintiff with the legal interest to be charged as of the date of the case, the claimant's request for surplus, and the rejection of the whole of the moral compensation requested by the plaintiff. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. - 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. 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. He does not get all powers of Commissioner. 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. 2. Forum. 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. 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. All It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. 3) it is society responsibility to repair the terrace as it forms part of common area. They have gone on appeal to the State Commission. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. The Complainant member carried out the repairs and claimed the amount from the Society. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. Act and, therefore, the delegation by the Deputy Municipal Commissioner would be deemed to be delegation by the Commissioner within the meaning of section 68 of the M.M.C. I have already held that there is no material on record to prove the delegation. Cases referred : I am leaving on first floor in my building. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. Court Commissioner is a competent person. 6. If the repair work involves undoing of expensive cosmetic work such as granite, glazed or ceramic tiles who will foot the bill? In most cases, the supreme court orders the owner of the upper floor flat to make the necessary repair in a given time (if found guilty). Get expert legal advice from multiple lawyers within a few hours. In every such society residence of one flat out of every four flats faces this problem with no solution. Leakage was also noticed from the eastern, northern, southern and western walls. 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. 4. 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