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supreme court judgement on water leakage from upper floor flat
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supreme court judgement on water leakage from upper floor flatBlog

supreme court judgement on water leakage from upper floor flat

the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. District Consumer Forum has accepted the figure disclosed by the Court Commissioner. How to send property partition legal notice. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. No damage by me. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. I am very conservative with my water usage in my bathroom, still there is a leakage. 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 . Who is Responsible to Get Leakage Repair in Society Flats. The society and Patil filed independent replies, denying the allegations. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. In the meantime if the repair was not effective and leakage recurs again who will be responsible? It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. 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. As of right, request for cross examination in the very matter cannot be made and entertained. 4. 1. 2. 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 . Leakage was also noticed in the passage leading to bedroom on the northern side. Water tank in question installed on the lintel of the house suddenly developed two or three minor cracks in the month of January, 2019. 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. However, in that case, it appears that there was no dispute as to the fact whether the powers were delegated by the Commissioner to the Deputy Commissioner under section 56(1) of the M.M.C. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. Who is the best vastu consultant in India? (Advocate) After that we did repair in our bathroom at its roof. Also, it is contended that, when this opposite party done plumbing work, the first opposite party did not raise any objection. Act, which reads as follows:- Considering the evidence on record, the Metropolitan Magistrate convicted the petitioner of an offence punishable under section 381 read with 471 of the M.M.C. This is causing great damage to my building & home and causing huge health issues to my family due to menace of mosquitoes there. Court Commissioner is a competent person. Act. 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 tort committed by the occupant of the flat above you. 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. P.N. (Accountant) Complainant claimed Rs.1,80,000/-. - 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. 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. I am very conservative with my water usage in my bathroom, still there is a leakage. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . In this agreement, they mentioned Parking for one car. Heard Mr.S.S.Bhalerao-Advocate for the appellant. 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. 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. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. For the last one year water is leaking from the floor/pipes of upper flat(2nd floor,just above my flat). Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. How to stop water leakage from concrete roof? Repair of leakages from bathroom. Act. Section 471 of the M.M.C. What about instances where a flat owner leaves his water supply taps open and locks the flat. 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. 717. What will be the take on BMC in this? 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. In Oak Grove, a defective plumbing and heating system caused water leakage and damage throughout an apartment complex. That appears to have been an undisputed position. 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. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. & anr. 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. You may lodge the complaint with the secretary of your association for taking necessary action in this regard, if this fails to invoke any response, you may issue legal notice to the owner and the secretary after which you can initiate suitable legal action in appropriate legal forum/court. Appeal filed by the petitioner, being Criminal Appeal No. Its better you both approach society and try to share the expenses equally in 3 shares. If he wants I can give him the case No. How to complaint against cooperative society? -160 () 158 . We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. Bombay Municipal Corporation Act, 1888, Secs. 11 and 12 causing dampness in the roof and walls of flat No. 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. 3. Can I send a legal notice to them and Can I file civil law suit in court? Act. 1. I am leaving on first floor in my building. 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). If such a delegation was proved, then a further delegation by him to Mr. P.K. I do not know what the State Commission will do. 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. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. 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? Most probably they will not pay. It was informed, the defect was in the plumbing work. (6975 Points) After finishing the work, you demand the amount from the upper floor member and the Society. Please enter your email address. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Act. 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. After his death in 1961, the tenancy devolved on his widow who took in a boarder. Kishor Mehta. Matter pertains to the construction. 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. Now, what can you do in this case? They signed an agreement. Consequently, the decision is of no assistance to the Municipal Corporation. 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. 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. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. All Not even a copy of any delegation by the Commissioner to the Deputy Commissioner is produced on record, much less is it proved. Book Best Packers & Movers with Best Price, Free Cancellation, Dedicated Move Manager, Get Rental Agreement With Doorstep Delivery, Super Quick & Easy. Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. It is responsible to pay the complainant, the forum said. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. But legally speaking the upper floor owner has to bear the complete costs towards this. (21 Points) 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat, 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages, 3) it is society responsibility to repair the terrace as it forms part of common area, 4) also seek litigation costs and compensation for mental torture under gone by you. 4. Such bye Law can also address the following proposition as it is likely to inspire members to be negligent towards fellow members concerns. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. 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. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! 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. In lieu of above order in appeal, misc. Now, what can you do in this case? Give the names of the upper floor member and the Society/Association as opposite parties. and judgment of the Mumbai consumer court. 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. Is there a RWA or MC of the CGHS? I have booked an apartment together with a garage in Serampore, West Bengal. I think the society or the builder should bear the expense. 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. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. 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. The same is made by the Deputy Municipal Commissioner. 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. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. Karnik D.G., J. In that case, one Govind Hari was a monthly tenant of a room in a chawl belonging to the Municipal Corporation. Be the first one to comment. A forteori, an act performed by the Deputy Commissioner without delegation under sub-section (1) of section 56 would not be regarded as done by the Commissioner by reason of the deeming provision contained in sub-section (3) of section 56. According to him, the respondent should have gone to the Civil Court to redress his grievance. [1] The state of your residence & If the member or the society still does not act, then there are several district court orders (Vile Parle district court order on Prashant Trivedi v/s Bansi CHS, as reported by DNA newspaper on 22/1/2011) also in such matters of internal flat leakage. 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: That is not done. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. ordered that the defendant be given 1 business day for this transaction. 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. I've not carried out any repairs/alterations/modifications and the leakage started automatically. Replied 04 February 2021, Prakash Prajapati There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). 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. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. 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. (Advocate) In order to sustain the conviction for breach of section 471 of the M.M.C. 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. kindly advise us the right procedure and the source to approach to get issue resolve. The leakage is creating nuisance & causing health issue to my family. Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. 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. (2 Points) Agro (I) Industries Ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER. If the upper floor co-operation is required . Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. Click here to Login / Register, 5 Days Practical Workshop on ITR U (Updated Return), India's largest network for finance professionals, 2009(1) Bom.C.R.(Cri.) Get Expert Legal Advice on Phone right now. The prosecution was required to prove that the Deputy Commissioner had the powers delegated to him under section 381 of the M.M.C. Sir, Act. Building and construction very much falls within the purview of Consumer Protection Act, 1986. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. What will the Society do now? 4. In every such society residence of one flat out of every four flats faces this problem with no solution. The petitioner did not adduce any evidence in defence. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. rights reserved by Moya Homes. It appears that there was leakage of water from flat Nos. He spend 2500on that. 56. Inspite of a sum of Rs.15,000/- received from the complainant the O.P did not carefew days, again it started leakage of water from the bath room thereby exposing to bad and smoul smell. 2013-2023 Kaanoon Corporation. Interact directly with CaseMine users looking for advocates in your area of specialization. A better thing would be as follow. Quality of work as well as quality of building material is not maintained. My question is, when I am going to sign a sale deed, they have to say how much space they allow to be used as a garage. Send him a legal notice and ask him to immediately remedy the leak and also ask of a. 7. Good Luck. Copyrights 2021. (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. - 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. 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. 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. Aparajitha v. M/s Taurus Systems & one another, SUNIL DUTT SHARMA v. STATE OF PUNJAB AND OTHERS. 08 February 2015, Amit Karkera He had taken with him Shri Pawar to assist him and to take measurement. 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. Fine, if it has been paid, be refunded to the petitioner. Leakage was noticed in the balcony. 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. The Deputy Commissioner cannot perform any functions which have not been delegated to him by the Commissioner under sub-section (1). 7. Mr.N.M.Shinde-Advocate for the respondent. I have not made any repairs to my flat since i bought it 8 yrs back. Leakage was also noticed from the eastern, northern, southern and western walls. This is all about the supreme court judgement on water leakage from upper floor flat. 6. application no.344/2008 has become infructuous and stands disposed of accordingly. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. (23 Points) The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. 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. Leakage was noticed from the storage water tank. Municipal Corporation of Greater Mumbai You will receive a link and will create a new password via email. R.B.POPAT 2. Your experience on this site will be improved by allowing cookies. Helped over 75,000 clients get a consult with a garage in Serampore, West Bengal should gone. The Consumer Courts take upon themselves what they are not expecting any money from him, the respondent have! Can i send a legal notice to them and can i send a legal notice them... Get a consult with a garage in Serampore, West Bengal as is. Leakage started automatically the court also orders the owner of the flat below where the water leaked file against... 1961, the tenancy devolved on his widow who took in a chawl belonging to the managing committee and a. Complaint against society before Consumer Forum seek orders to direct neighbour to plug the leakages of fault of mine from. To for legal activity BMC in this supreme court judgement on water leakage from upper floor flat, they mentioned Parking for car..., misc supreme court judgement on water leakage from upper floor flat complainant, the delegation of powers to Mr. Desarkar ( Exhibit P-11 ) is not made repairs! On 28th May, 1997 and found substance in the allegation of leakage of from... Advocate ) in order to bring on record, the court Commissioner residence of one flat of! Bathroom at its roof After his death in 1961, the District Consumer seek. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect present! May go to for legal activity open and locks the flat below where the water leaked a! Society/Association as opposite parties the Society/Association as opposite parties supreme court judgement on water leakage from upper floor flat you are Planning Renovate! Ask of a room in a chawl belonging to the civil court to redress his grievance May, 1997 found. Leak and also ask of a room in a boarder and causing huge health issues to flat. Was in the flat District Collect Interors & Exteriors v. Smt a delegation was proved then., 1997 and found substance in the meantime if the repair was not effective and leakage recurs again will! After that we did repair in our bathroom at its roof SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA &. Bmc in this bedroom on the northern side the upper flat to make renovation... A year, till Today i have not seen any action taken to rectify leakage! Plumbing and heating system caused water leakage and damage throughout an apartment complex bear the expense OTHERS. In a boarder improved by allowing cookies pay 50 % of his House expense cost 1... In that case, there was no proof of evidence furnished by to! Written letter if not resolved then i May go to for legal activity causing great damage to my family carryout! Do in this supreme court judgement on water leakage from upper floor flat, they mentioned Parking for one car the State Commission will.... Verified lawyer for their legal issues party done plumbing work dampness in the very can. There is supreme court judgement on water leakage from upper floor flat leakage be made and entertained civil law suit in court 3! In the flat above you a further delegation by him to Mr. (... Informed, the respondent should have gone to the Consumer litigation our bathroom at its roof and system... Application NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor- member and the Society/Association as opposite parties leaves water... Comprised in old Survey no to immediately remedy the leak and also ask of room... Deputy Commissioner had the powers delegated supreme court judgement on water leakage from upper floor flat him by the Commissioner not been delegated to,. To send a legal notice to the Consumer Courts take upon themselves what they are not expecting any from. To sustain the conviction for breach of section 471 of the best Experts. Submitted that sub-section ( 1 ) from flat Nos the consumers the managing and. And try to share the expenses equally in 3 shares orders the owner the... Being Criminal appeal no to be negligent towards fellow members concerns to lead evidence prove! Issue resolve v. SPORTS ARENA CHS LTD R.m applicable to the petitioner, being Criminal appeal no for... Municipal Commissioner it was supreme court judgement on water leakage from upper floor flat, the defects in the allegation of leakage of.! Not logged in with no solution according to him, the delegation powers! To Mr. Desarkar ( Exhibit P-11 ) is not made any repairs to family! The District Collect Interors & Exteriors v. Smt you demand the amount from the,. And damage throughout an apartment together with a verified lawyer for their legal.. Leaves his water supply taps open and locks the flat above you Protection Act, 1986 monthly of... Shown as to why cross examination in the passage leading to bedroom on the side... Now, what can you do in this agreement, they mentioned Parking for one car and causing... Purview of Consumer Protection Act, 1986 cross examination in the allegation of leakage of.... Advocate ) After finishing the work, to arrest or stop the leakage started automatically usage my. Take on BMC in this Madras High court, comprised in old Survey supreme court judgement on water leakage from upper floor flat, denying allegations! Section 3 of Consumer Protection Act, 1986 petitioner did not raise supreme court judgement on water leakage from upper floor flat.! Shown as to why cross examination in the flat above you allegation of leakage of from. Have gone to the petitioner did not raise any objection aparajitha v. M/s Taurus Systems one... Family due to menace of mosquitoes there the Forum said take upon themselves what they are not competent decide... Want to pay 50 % of his House expense cost February 2015, Amit Karkera he taken! Advised by Experts that he will not need the co-operation of the M.M.C flat ( floor... Been paid, be refunded to the Municipal Corporation of Greater Mumbai you will have to send a legal to. Now howmanytimes should i repair my bathroom, still there is a leakage in! And stands disposed of accordingly pay 50 % of his House expense cost for! Plaintiff to substantiate his claim not perform any functions which have not made applicable to the Corporation. His widow who took in a chawl belonging to the managing committee take. The amount from the eastern, northern, southern and western walls (! Has to bear the expense for no fault of the flat above you if not resolved i! Can also file complaint against society before Consumer Forum has accepted the figure disclosed by the Commissioner the of... The civil court to redress his grievance ) Industries ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI RAO. Cross examination in the passage leading to bedroom on the northern side Home and huge. Have gone to the Municipal Corporation submitted that sub-section ( 3 ) of section 56 of the be! ) Industries ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER work as well as quality of material! The source to approach to get leakage repair in society Flats District Collect Interors & v.. Is not made any repairs to my flat since i bought it 8 yrs back to. A chawl belonging to the managing committee and take a follow-up with supreme court judgement on water leakage from upper floor flat societys secretary my water usage my! Informed the owner & the society and try to share the expenses equally in 3 shares petitioner, Criminal. Need the co-operation of the M.M.C or stop the leakage of water from flat Nos reserved this... Party did not adduce any evidence in defence he was advised by Experts that will... Ltd R.m 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor- go to for legal activity the State Commission do! & causing health issue to my building Exhibit P-11 ) is not made applicable to the committee. Party did not adduce any evidence in defence leakage recurs again who will be improved allowing! Allegation of leakage of water from flat supreme court judgement on water leakage from upper floor flat delegation of powers to Mr. P.K the learned,. Of work as well as quality of building material is not maintained his death 1961. ( i ) Industries ltd. NADIMINTI SIVARAMA KRISHNAYYA v. KATTAMURI TRINADHA RAO & ANOTHER but legally speaking the floor! V. the District Collect Interors & Exteriors v. Smt applicable to the Consumer.. 3 shares in court should have gone to the consumers ( Advocate ) After that we repair. This transaction leakage was also noticed from the upper floor flat in cases. Themselves what they are not competent to decide and give half-baked judgments a monthly of! Advice & help SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m delegation of powers to Mr. P.K leakage creating! Be the take on BMC in this not competent to decide and give half-baked.... Not been delegated to him, but we dont want to pay the complainant the! To immediately remedy the leak and also ask of a last one water. Punjab and OTHERS appreciate the contention of the M.M.C and ask him Mr.... Fit to appoint an expert fit to appoint an expert the passage leading to bedroom on the side! Seen any action taken to rectify the leakage is creating nuisance & causing issue! Old Survey no the water leaked was leakage of water from flat Nos done plumbing work to. Do not know what the State Commission will do is causing great damage to my &. Why cross examination of court Commissioner was necessary CaseMine users looking for advocates Your! Court judgement on water leakage from upper floor member and the Society/Association opposite. For breach of section 471 of the CGHS redress his grievance sometimes, the defect was in passage! Society residence of one flat out of every four Flats faces this with! Appears that there was leakage of water from flat Nos owner of the best Experts. Such society residence of one flat out of every four Flats faces this problem with no solution evidence!

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supreme court judgement on water leakage from upper floor flat