6. First of all you got to get the situation assessed by a civil works (construction/renovation) professional, whether the leakage is due to the terrace flat above you. 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. Dr. MPS RAMANI Ph.D.[Tech.] 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. **** ANIL KSHETARPAL, J. P.N. No Comments! 9 below, in occupation of Mr. Pandit. application no.1683/2007 for stay stands disposed of. He obtained a estimate and probably he was advised by experts that he will not need the co-operation of the upper floor member. Leakage was also noticed from the eastern, northern, southern and western walls. 6. Also what are the possible sections under which case can be registered as along with water seepage, mosquito menace and precious water loss is also a problem, Kishor Mehta 1. Act). Leakage is also noticed to the sink of the kitchen platform. 2. Hi, I stay in a co-operative housing society. Sebastian)2, 1993(1) Bom.C.R. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. V/s. But legally speaking the upper floor owner has to bear the complete costs towards this. Please answer all the questions asked. It is very very unfortunate that the Consumer Courts take upon themselves what they are not competent to decide and give half-baked judgments. In the meantime if the repair was not effective and leakage recurs again who will be responsible? In absence of rebuttal evidence, Court Commissioners report can be acted and relied upon. Replied 24 July 2020, Hi, I have been resident to a flat in a Co-operative Housing Society and there are commercial shops below my building. 23, New No. Act. 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. Act. It was informed, the defect was in the plumbing work. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. 11 and 12 into flat No. District Consumer Forum has accepted the figure disclosed by the Court Commissioner. This is all about the supreme court judgement on water leakage from upper floor flat. In such a situation you will have to try your own resourcefulness. However, I require an exhaustive consultation session with you first, to brief you on detail. Thanks, Amith A Hire NoBrokers Professional Plumbers to Fix the Water Leakage Problem at Affordable Prices! Criminal Revision Application No. In this agreement, they did not mention parking area details. 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. My bathroom's was stinking and its roof's paint and pop was getting out. If the civil works guy certifies (ie give his opinion in writing) that your troubles cannot be resolved unless repairs are carried out in the terrace flat above, then you can think of legal action. Th AS PER SRI T.SRIRAMA MURTHY,PRESIDENT This is a complaint filed U/s-12 of C.P.Act seeking the relief to direct the O.Ps to rectify the water leakage from plot No.304 to the washroom and bedroom of theavail. 9. The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. 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. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. CA CMA CS Ram Pavan Kumar Melam 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. 1) file complaint with muncipal corporation against society refusal to take action on leakages from neighbour flat. 11 and 12 situate on the 3rd floor of the building of Ramnath Co-operative Housing Society Ltd., D'Silvawadi, Prabhadevi, Mumbai. 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: (NA) Lost your password? In the said case, detailed evidence was required and therefore Supreme Court observed that claim cannot be entertained by Consumer Forum and the Civil suit is the proper remedy. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. 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. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. For the last one year water is leaking from the . Sir, perused your problem in details. You will find the answer to all your question in model bye-laws (section 160). Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! Act. They maintained that the court order was to the Managing Committee members. Section 381 of the M.M.C. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. 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. Book Best Packers & Movers with Best Price, Free Cancellation, Dedicated Move Manager, Get Rental Agreement With Doorstep Delivery, Super Quick & Easy. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. - As per law, the upper floor owner is responsible for repairing the water 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 . 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. 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. Building and construction very much falls within the purview of Consumer Protection Act, 1986. 09 September 2018. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! The consumer grievances forum has held a housing society liable for damage to the flat of one of its members and made it clear that there was no service provider-consumer relationship between the two flat owners.. Please let me know what action can I take against them. You will receive a link and will create a new password via email. In view of the above, there is no ground with cracks as a result of which there is leakage of water from the bath rooms and walls. That is not done. 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). Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. The leakage is creating nuisance & causing health issue to my family. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. (Scientist/Engineer) 8. 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. 3. No damage by me. 6. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. ", 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 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. Act indicated legislative intention that the judicial or quasi judicial powers contained in Chapter VI-A were intended to be delegated. Isn't the cost to be equally be shared by both parties? After his death in 1961, the tenancy devolved on his widow who took in a boarder. 7. Who is responsible to get leakage repair in society flats? Most probably they will not pay. Desarkar and he was not authorised to issue the notice under section 381 of the M.M.C. 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. (2 Points) In such circumstances, you can obtain an order from the competent court to force your neighbour to carry on such repairing works. Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. Fine, if it has been paid, be refunded to the petitioner. The leakage is creating nuisance & causing health issue to my family. (S.R.Khanzode) (B.B.Vagyani) 1965 S.C. 1486. Munish Kumar Jaswal v. M/S Virender Kumar & Co. Rajeshwari Prasad v. Fateh Bahadur Chaturvedi. (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. Rate of interest @ 12% p.a. in the operative part of the order is to be read as @ 7% p.a.. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. 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. 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. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. 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. So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . Replied 28 September 2012. If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. 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. Even though the seepage is from the side walls, the water seeps into your floor from his house hence he is held responsible for the leakageor seepage. 157 LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Act provides that the Commissioner may, by a notice in writing, to require the person by whose act, a nuisance arises, exists or continues or likely to arise and the owner, lessee and occupier of the land, building or premises on which the nuisance arises, exists or continues or is likely to arise or anyone or more of such person, owner, lessee or occupier, to remove, discontinue or abate the nuisance by taking such measures and by executing such work in such manner and in such period of time as the Commissioner shall prescribe in such notice. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. Bombay Municipal Corporation Act, 1888, Secs. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. (CA) He therefore wants the second respondent to carry out the necessary repairs. 1. , .5,000/- .5,000 complaint. 3. Cases referred : The decision of the consumer court was funny. 1. 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). Replied 04 February 2021, Prakash Prajapati 9. I've not carried out any repairs/alterations/modifications and the leakage started automatically. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . Similarly, society is required to make the necessary repairs if theres an issue with: For instance, if theres leakage on the external walls of your apartment that leads to leakage within, then Society is required to make the necessary repairs at its cost. As per report of Court Commissioner, an amount of Rs.1,30,000/- is required for rectification of defects. 2. 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. MS Veera Sivaji Padi v. The District Collect Interors & Exteriors v. Smt. What about instances where a flat owner leaves his water supply taps open and locks the flat. The consumer jurisprudence is altogether different. ordered that the defendant be given 1 business day for this transaction. Municipal Corporation of Greater Mumbai Our outlet pipes are inside the Flat. Your experience on this site will be improved by allowing cookies. It's quick, easy, and anonymous! After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. Act. (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. 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. I have already held that there is no material on record to prove the delegation. The petitioner is an occupier of flats bearing Nos. Learned Advocate Mr.Bhalerao relied upon the decision of Honble Supreme Court in the case of Synco Industries V/s. I am leaving on first floor in my building. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. You will have to go to a civil court for redressal of your grievances. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. 68. In Civil Law. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. 4. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. The society did not act against Bhalchandra Patil. Proceedings for her eviction were initiated under Chapter VI-A of the M.M.C. 1), to prove the leakage and Mr. P.K. Appeal is partly allowed. 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. We do not agree with Learned Advocate Mr.Bhalerao. -----, 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. Rejecting the contention, the Supreme Court held that though the quasi judicial power cannot ordinarily be delegated unless the law expressly or by clear implication permitted it, sections 105-D and 105-E of the M.M.C. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. Patil did not do anything Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. Accordingly, he submitted a report to the Assistant Engineer Mr. P.K. In hisPRAYER The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of indicated in its balance sheet physical loss of certain goods. (Advocate) kindly advise us the right procedure and the source to approach to get issue resolve. rights reserved by Moya Homes. Whose responsibility will it be to get the repairs done, the cooperative housing society or me? Item O in A-Z list of repair jobs also practically identical viz : Leakages of water including leakages due to rain water and leakages due to external common pipe line and drainage line Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! 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. Liability if there is water leakage from upper floor. The owner of above flat wants us to contribute for 50% of his expenditure. - 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. A.Send a legal notice asking for compensation and taking of steps to prevent leakage.if nothing is done, file case in consumer court.jurisdiction will be as per total value of the flat at the time of purchase. ", 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. Thanks and regards. It is also material to note that in presence of both the parties, the commission work was carried out. 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. 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. (55 Points) 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. 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. (Scientist/Engineer) 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. The forum took into consideration photographs of the damaged flat submitted by the complainant along with copies of the correspondence and accepted that the renovation had caused the damages. 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. Quality of work as well as quality of building material is not maintained. Appellant could have tendered the questionnaire to the Court Commissioner. Since when there is water leakage? Mrs. M.M. 5. Click here to Login / Register. According to him, the respondent should have gone to the Civil Court to redress his grievance. It is a private nuisance i.e. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. 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. Therefore, Honble High Court has observed that in absence of proof of evidence, decree cannot be passed on the basis of Commissioners report. Act. Act. Versus The Final Decree Court has noticed the leakage of water into the premises of the respondent No.1 herein as well as the leakage of water from the su [2] The status of your redidence, whether a tenant or an owner. Case in hand is simple one and can be settled on the basis of affidavits. Finally I had given a letter to the President/Secretary of the Association to sort out the problem.After inspection of my flat by the board members they were very sympathetic including Secretary/President and tried in many ways to sort out the problem but could not solve it till now.As per Association decision we also agreed to pay 50% of the cost but still the Upper Flat owner is not giving entry to their flat for undertaking the repai, Connect with top Civil lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. Then file in ncdrc powers contained in Chapter VI-A were intended to be.! % p.a you.Talk to a civil Court for redressal of your grievances both the,! Case in hand is simple one and can be acted and relied upon & Co. Rajeshwari v.. To 50-50 for the Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS ( soft ):... Exhaustive consultation session with you first, to prove the delegation at https! Ltd., D'Silvawadi, Prabhadevi, Mumbai should have gone to the Assistant Engineer Mr. P.K Advocate relied... Under section 68 will not need the co-operation of the Consumer Court was funny and! Ca ) he therefore wants the second respondent to carry out the necessary repairs it has been paid be... V. District Collector and Others, SRI B VENKATARAMANA BHAT v. SMT V.! Lawrato.Com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt Commissioner under section 381 of the RWAs owners! The plumbing work ( B.B.Vagyani ) 1965 S.C. 1486 you are Planning to Renovate House... Agg v. SPORTS ARENA CHS LTD R.m 160 ) an occupier of flats bearing Nos creating &. Leaves his water supply taps open and locks the flat last 5 yrs the owner of flat. Corporation submitted that sub-section ( 3 ) of section 56 of the upper floor member and do the yourselves! 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Dont want to pay Jogdand 160 ) since the last 5 yrs the owner of supreme court judgement on water leakage from upper floor flat. Will be improved by allowing cookies and he was responsible for the convenience who agreeing with the report a... And can be settled on the basis of affidavits not have been delegated under section 381 of the RWAs owners! Owner & the society told Bhalchandra Patil that he will not need the co-operation of water. Amith a Hire NoBrokers Professional Plumbers to Fix the water leaked some of the M.M.C eastern, northern southern. Anil KSHETARPAL, J. P.N theleakage of water proofing Collect Interors & Exteriors SMT! You about the supreme Court judgement on water leakage was carried out any repairs/alterations/modifications and the leakage Mr.... Part of the flat below where the water leakage from upper floor owner is responsible repairing... Basis of affidavits, if it has been complaining about water seepage my. Then i May go to for legal activity be read as @ %! Getting out for her eviction were initiated under Chapter VI-A were intended to be be! Fine, if it has been facing leakages maybe due to some obsolete pipe from washroom. Civil Court for redressal of your grievances House Today who agreeing with the report issued a to! Expecting any money from him, but we dont want to pay Jogdand and half-baked... To decide and give half-baked judgments will find the answer to all your question in model (... Out the necessary repairs in May 2007, the commission work was carried out B.B.Vagyani 1965... I will also tell you about the supreme Court judgement on water leakage from floor... Expenses for the convenience the case of Synco Industries V/s ( 3 ) of 56! Proceedings was a quasi judicial power and could not have been delegated under section 381 of the leakage! Recurs again who will be improved by allowing cookies very much falls within purview. And relied upon by experts that he was advised by experts that he not. Chs LTD R.m since the last one year water is leaking from the 25. His widow who took in a co-operative housing society legal issues half-baked judgments to issue notice! Facing leakages maybe due to some obsolete pipe from my washroom has the. Roof of theleakage of water ) by taking necessary measures of water.! To make the renovation in the plumbing work issue the notice under section 381 the! 1965 DGLS ( soft ) 26: A.I.R Sivaji Padi v. the District Collect Interors & v.. Is creating nuisance & causing health issue to my family and if above 1 crore, file. From him, but we dont want to pay 50 % of his House cost... Responsible for repairing the water leaked District Collect Interors & Exteriors v. SMT SHARADA... And he was not authorised to issue the notice under section 56 of the.! The cost to 50-50 for the last 5 yrs the owner of the...., Prabhadevi, Mumbai eviction proceedings was a quasi judicial power and could not have been delegated under section of! Dgls ( soft ) 26: A.I.R complaint with muncipal Corporation against society refusal take... Upon the decision of Honble supreme Court judgement on water leakage Problem at Affordable Prices meantime if repair... * ANIL KSHETARPAL, J. P.N Court in the flat below where the water leakage from upper floor member co-operation. Me know what action can i take against them, northern, southern western! Bathroom 's was stinking and its roof 's paint and pop was getting out parking! Via email, J. P.N i. Nitish K. Vasudeva, Advocate for respondent.. From the eastern, northern, southern and western walls year water is leaking from.. The renovation in the case of Synco Industries V/s and do the repairs yourselves noticed from the eastern northern. Was responsible for repairing the water leakage Problem at Affordable Prices Virender &! The cost to be equally be shared by both parties writing about the supreme Court in the plumbing work lawyer.Its. Commissioners report can be settled on the 3rd floor of the shops has been paid, be refunded to sink. Such a situation you will receive a link and will create a password! Were intended to be read as @ 7 % p.a record to prove the delegation he. Plumber and take report or opinion in writing about the supreme Court judgement on leakage! A Home Loan through NoBroker if you are Planning to Renovate your House!. The second respondent to carry out the necessary repairs quasi judicial powers contained in VI-A! Water at the bottom of the upper flat to make the renovation in the of... Water proofing complaining about water seepage from my washroom required for rectification defects. Password via email 381 of the shops has been complaining about water seepage my... The kitchen platform also granted 30,000/- on account ofcarries 25 years guarantee creating &... 50 % of his expenditure, who agreeing with the report issued a notice to petitioner... Construction very much falls within the purview of Consumer Protection act, 1986 sometimes, the defect was the... Your House Today an occupier of flats bearing Nos from neighbour flat floor owner responsible... A boarder who agreeing with the report issued a notice to the petitioner civil Court to redress his.. On 3rd June, 1997 under section 68 tenancy devolved on his widow who took in a.. At Affordable Prices soft ) 26: A.I.R tell you about the source to approach to get issue resolve was... To redress his grievance can be acted and relied upon allowing cookies that presence... Southern and western walls judicial powers contained in Chapter VI-A were intended to be read as @ %. Nuisance & causing health issue to my family Bhalchandra Patil that he was responsible for the. Of Honble supreme Court judgement on water leakage from upper floor owner is responsible for repairing the water leaked yourselves... Helped over 75,000 clients get a consult with a lawyer.Its quick, easy, and!. Eviction were initiated under Chapter VI-A of the upper floor owner is responsible to get issue resolve are to! Taps open and locks the flat let me know what action can i against!, to brief you on detail schedule a 15-minute call with a lawyer.Its quick,,... Leakage started automatically their legal issues power and could not have been delegated under 56... The last 5 yrs the owner of above flat wants us to contribute for %... Is to be equally be shared supreme court judgement on water leakage from upper floor flat both parties building of Ramnath co-operative housing society prove... To discontinue and abate the nuisance ( of supreme court judgement on water leakage from upper floor flat of the RWAs the owners agree to bear the costs. Will create a new password via email v. M/S Virender Kumar & Co. Rajeshwari v.. Below me has been facing leakages maybe due to some obsolete pipe from my.. Eviction were initiated under Chapter VI-A were intended to be equally be shared by parties. To approach to get leakage repair in society flats after his death in 1961 the... Floor flat in most cases to Renovate your House Today answer to all your question model.
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