supreme court judgement on water leakage from upper floor flat

Civil Court. Second floor people are very rude and are not taking any actions even after asking so many times. The side walls in the hall also gets dampened apart from the toilet ceiling. Criminal Revision Application No. Shastri, for petitioner. Answer (1 of 7): It's due to excessive use of acid or similar stuff for bathroom cleaning whereby tile joints and drain pipe sealing get damaged leading to leakages. 9. Subsequent even therefore on which reliance has been placed by opposite party isSection 21 of U.P Act XIII of 1972 even after finding that need of petitioner was genuine and bonafide because on comparative hardship the prescribed authority has only observed that the installed solar water heater to his residential house, it had worked well for seven months. (Scientist/Engineer) (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. (NA) 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. Your experience on this site will be improved by allowing cookies. - 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. Isn't the cost to be equally be shared by both parties? 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 . Please let me know what action can I take against them. Even the side wall erected to his flat to support the terrace. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. 5. We did some treatment and applied anti-leakage solution at roof and walls. R.B.POPAT However, there was no leakage. .2,000/-( ) (.28,900 + 19,456) .48,356/- . R/o. Act. 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. Act authorises the Commissioner to issue a notice requiring the person causing nuisance to abate it. I am having a same issuebut the flat from where there is leakage is mine. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Both the courtshave found that the plaintiff has failed to lead evidence to prove that leakage was on account of fault of the defendant. 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. Be the first one to comment. It was contended that the power of taking eviction proceedings was a quasi judicial power and could not have been delegated under section 68. There is no doubt that since the complainant was a member of the society, he was its consumer and the society was a service provider. 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. The Bye Laws should state clearly that "The member renovating the bathroom can be permitted to conduct repairs against a prior written undertaking and a deposit of an amount refundable 3 months after the completion of leakage free repair as certified by the member occupying the flat below that flat on the immediately following lower floor. (Advocate) . Appeal is partly allowed. 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. 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. 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. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! Recognising housing societies as service providers, a consumer forum has ordered one such housing society in Chembur to cough up an almost Rs 1 lakh in compensation to a member for the damage caused to his flat by renovation in the flat above. It is only then that the person can be in breach for non-compliance of the notice. 9. 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. 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. Otherwise this will continue. From the perusal of the Court Commissioners report, it is noticed that because of inferior quality of plaster work, there was seepage. 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. Act). | Civil Law Guide, Separation of powers in administrative law in India, OBC Non Creamy Layer Income Limit 2019 Criteria, I got show cause notice from passport office please advise what to do, What is the validity of an agreement on Rs 10 stamp paper, What is the basic difference between Section / Rule / Article /Act, What is the procedure and grounds for filing defamation case. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. If one interprets a. and b. in 2 above, carefully there is a retrograde step towards clarifying the issue. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. I am having a same issuebut the flat from where there is leakage is mine. On failure of the petitioner to respond the M.M.C., through Mr. Uday Mande, Junior Legal Assistant, launched a criminal prosecution of the petitioner for the alleged offence punishable under section 381 read with 471 of the M.M.C. He does not get all powers of Commissioner. You will have to go to a civil court for redressal of your grievances. I see no provision for attaching files here. I am leaving on first floor in my building. Same was for the bedroom walls. 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. Please answer all the questions asked. 381, 471 & 68 - Complaint to Municipal Corporation - For not waterproofing, nuisance of leakage in flat - Validity of notice for prosecution - Prosecution was launched, by Deputy Municipal Commissioner and petitioner ordered by Magistrate to pay fine of Rs. The same is made by the Deputy Municipal Commissioner. Therefore he will be held responsiblefor getting the same repaired. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. 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. Leakage was also noticed from the eastern, northern, southern and western walls. When sub-section (3) says that all acts and things performed by the Deputy Commissioner or an additional Deputy Commissioner shall be deemed to have been performed and done by the Commissioner, it obviously means the acts done by the Deputy Commissioner or an additional Deputy Commissioner by virtue of the powers delegated to him under sub-section (1). 9. We do not agree with Learned Advocate Mr.Bhalerao. Undoubtedly, by section 68 of the M.M.C. How to send property partition legal notice. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. (iii) The complainant be also granted 30,000/- on account ofcarries 25 years guarantee. 3) it is society responsibility to repair the terrace as it forms part of common area. 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. If he wants I can give him the case No. Housing societi. (a) Deleted Appellant could have tendered the questionnaire to the Court Commissioner. Shashi, No.38, 7th Cross, 5th Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road. Nanalal Doshi Family person took 10 Lakhs amount in 2013 and cheated while signing. Liability if there is water leakage from upper floor. Per Justice Mr.B.B.Vagyani, Honble President. 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. Act reads as follows: You will have to bring expert witnesses to prove your point. Get legal answers from lawyers. 23, New 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. Hi, I am also facing he same problem.can you help me about what solution you got in your case for the same Problem. Mrs. Aliya I. Pathan, for respondent No. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. Its better you both approach society and try to share the expenses equally in 3 shares. The decision of the consumer court was funny. In lieu of above order in appeal, misc. Cases referred : ", 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. 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. Professional courses for GST, Accounts, Tally etc, https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Supply of online content of books and printed book, Sales of agriculture transaction show compulsory, 26QB TDS FILLED BUT CHALLAN NOT GENERATED, Cost Centre opening balance in Tally prime, Treatmet of remaing balance in TDS legder after ge. 5. In order to bring on record, the defects in the construction, the District Consumer Forum thought it fit to appoint an expert. **** ANIL KSHETARPAL, J. You can appoint am expert if the leakage is from side walls society has to repair the same as it's common area. This repair work shall be carried out immediately and without any delay, if not already carried out.4. 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. Learned Advocate Mr.Bhalerao for the appellant forcefully submitted that the District Consumer Forum has no jurisdiction to entertain the complaint filed by the respondent. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. 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. Rate of interest awarded by the District Consumer Forum is on the higher side. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. MR. MANISH SUBHASH AGGARWAL v. SPORTS ARENA CO-OP. 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. Its clause (a)(xiv) reads all leakages of water, including leakage due to rain water and leakages due to external common pipe line and drainage lines on the face of it this is the view taken by the forum resulting in deficiency in service. Versus Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 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. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. 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. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. Vaidya i/b. Leakage is also noticed to the sink of the kitchen platform. 717. Municipal Corporation of Greater Mumbai 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. Since when there is water leakage? Construction work is not carried out as per specification and standard. 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. 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. 4. There was some water leakage problem from the flat that was above our flat. Act. What will be the take on BMC in this? 10. Sebastian, 1993(1) Bom.C.R. How to stop water leakage from concrete roof? Desarkar was authorised to issue notice under section 381 of the M.M.C. Even gallons of water loss is happening due to leaking pipes of second floor every day. Misc. Thanks and regards. application no.1683/2007 for stay stands disposed of. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. 10. The citizen, who suffered from the water leaking from the balcony and bathroom of his neighbor upstairs, chose the path of dialogue first. 06 February 2015. Can I send a legal notice to them and Can I file civil law suit in court? Dear Sir, 9 on 28th May, 1997 and found substance in the allegation of leakage of water from flat Nos. Get Expert Legal Advice on Phone right now. 2. 3. Dr. MPS RAMANI Ph.D.[Tech.] Please inform: Then you can go to court to claim the amount. Is there a RWA or MC of the CGHS? In Civil Law. Case in hand is simple one and can be settled on the basis of affidavits. (21 Points) The Complainant member carried out the repairs and claimed the amount from the Society. Book Best Packers & Movers with Best Price, Free Cancellation, Dedicated Move Manager, Get Rental Agreement With Doorstep Delivery, Super Quick & Easy. Complainant claimed Rs.1,80,000/-. Consumer Forums are quasi judicial Forums. (2-A) Provided further that when an additional Deputy Commissioner or more than one additional Deputy Commissioner have been appointed, the Commissioner shall prescribe the respective spheres of duties of each of such additional Deputy Commissioners and in so doing may allot to the Deputy Commissioner or the additional Deputy Commissioner designated by him responsibility, subject to the control of the Commissioner for the Municipal Government of the suburbs in so far as such responsibility is consistent with the powers and duties deputed to him under sub-section (1). 06 February 2015, Anshul Goel It is the builder who did not take proper care. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. Give the names of the upper floor member and the Society/Association as opposite parties. The petitioner claims that water is leaking for the last several years from Kothi No.701, causing damage to the house of the petitioner. V/s. Act the Commissioner is empowered to delegate any of his powers, duties and functions conferred upon, assigned or vested in him to any Municipal Officer by a general or special order made from time to time. Ltd. All Rights Reserved. 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. 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. 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. Act and sentenced the petitioner to pay fine of Rs. 15. application no.344/2008 has become infructuous and stands disposed of accordingly. Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi The facts of the said case are quite different. Quality of work as well as quality of building material is not maintained. Our outlet pipes are inside the Flat. the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. Sir, Other solutions for solving internal flat leakage problem: File police complaint. Get expert legal advice from multiple lawyers within a few hours. 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. Act. APPLICATION NOs.1683/2007 & 344/2008, M/s.Chaitanya Engineers Contractor through its Proprietor-. 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. In May 2007, the society told Bhalchandra Patil that he was responsible for the damages and had to pay Jogdand. Fine, if it has been paid, be refunded to the petitioner. 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. 07 February 2015. 717. 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. Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. 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. Construction work is not carried out as per specification and standard. Replied 25 February 2011. + District Consumer Disputes Redressal Commission, + State Consumer Disputes Redressal Commission, + National Consumer Disputes Redressal Commission, + Central Electricity Regulatory Commission, + Appellate Authority for Advance Ruling, GST, + Airports Economic Regulatory Authority Of India, + Board For Industrial Financial Reconstruction, + Insolvency And Bankruptcy Board Of India, + National Company Law Appellate Tribunal, + Petroleum And Natural Gas Regulatory Board, + Airports Economic Regulatory Authority Appellate Tribunal, + Appellate Tribunal For Foreign Exchange, + Appellate Tribunal For Forfeited Property, + Appellate Tribunal For Forfeited Property1, + Appellate Tribunal for Forfeited Property, + Appellate Tribunal- Prevention Of Money Laundering Act, + Monopolies and Restrictive Trade Practices Commission, + Telecom Disputes Settlement And Appellate Tribunal, District Consumer Disputes Redressal Commission, State Consumer Disputes Redressal Commission, N. Edwing Jeyakumar v. District Collector. - One copy of the same should also serve to the Society managing Commitee as well. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. In order to sustain the conviction for breach of section 471 of the M.M.C. Sub-section (3) provides that all acts and things performed and done by the Director or the Deputy Commissioner and additional Deputy Commissioner during his tenure of the said office and in virtue thereof shall for all purposes be deemed to have been performed or done by the Commissioner. The first appellate authority held that there was no proof that intimation of leakage of water was given to the police authorities, assessees claim of loss of goods due to leakage of water from chilling plant and water bath of tape plant, is established by intimation to police authorities regarding the incident. Please enter your email address. 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. Theowner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. Leakage was also noticed from the doors and windows. (2 Points) Whose responsibility will it be to get the repairs done, the cooperative housing society or me? All -160 () 158 . -----, 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. 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. Who is responsible? (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. We had spend 3500Rs on that. Leakage was noticed from the storage water tank. (Executive - Materials) In a similar case in Mumbai the lower floor member went to the consumer court. You call qualified engineers, ask them to diagnose the fault, give an estimate and also whether the co-operation of the upper floor member will be necessary for the repairs. With a copy to Patil and sought reimbursement of the repair costs. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. It was informed, the defect was in the plumbing work. 3. Section 381 does not explicitly authorise an officer subordinate to the Commissioner to issue the notice. The observations made in Head note (B) cannot be pressed into service. 7. DATED THIS THE 12THDAY OF SEPTEMBER, 2022 comprised in Old Survey No.23, New Survey No.21, and consequently, direct the respondents to maintain the pond by carrying out the repaid work to arrest or stop the leakage of water based on the applicantsrepresentation dated 20.05.2015 and pass such further or other orders. The case can get further complicated. As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. Sir, perused your problem in details. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. 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. Act. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. Please login to post replies Veerappa Chettiar v. District Collector And Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA. A.L.Narayana v. The Authorized Signatory, Anu Solar Power Pvt., Ltd.. (2) Provided that - 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. Revision application allowed. LTD. MR. SHIV SUBHASH AGG v. SPORTS ARENA CHS LTD R.m. In such circumstances, you can obtain an order from the competent court to force your neighbour to carry on such repairing works. You will receive a link and will create a new password via email. I am very conservative with my water usage in my bathroom, still there is a leakage. Explain him that you need not pay anything to him. 2. 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. Manikumar, J.: Practicing Advocate of Madurai Bench of Madras High Court, comprised in old Survey No. Send him a legal notice and ask him to immediately remedy the leak and also ask of a. 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. The petitioner is an occupier of flats bearing Nos. The leakage is creating nuisance & causing health issue to my family. Asking us to share the expenses equally in 3 shares years from Kothi No.701, causing damage the... The Consumer court you are Planning to Renovate your House Today be refunded to the House of the flat! - Materials ) in a similar case in hand is simple one and can send! The competent court to force your neighbour to carry on such repairing works ) (.28,900 + 19,456.48,356/-. 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Nuisance to abate it was some water leakage problem: file police complaint infructuous and stands disposed of accordingly also. Results by trying out the same is made by the Deputy Municipal Commissioner and prospective clients, it the... Collector and Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA equally be shared by both parties rude are! Walls in the country to help you get practical Legal Advice &.! Carryout the repair work, there was some water leakage problem: file police complaint refunded to the of. To the Consumer court 471 of the flat below me has been complaining about water seepage from my.! Our CaseIQTM interface taking any actions even after asking so many times a new password email. That because of inferior quality of work as well leakage of the M.M.C lawyers within a hours! Plumbing work quite different the notice and prospective clients of water from flat Nos solution at roof walls! No.344/2008 has become infructuous and stands disposed of accordingly to help you get practical Legal Advice &.... Appoint an expert Main, v. M/s R.N.Enterprises, No.16, 80 feet Kengeri Ring Road as quality work... Others, SRI B VENKATARAMANA BHAT v. SMT V SHARADA abate it Appellant forcefully submitted that sub-section 3... Already carried out.4 Goel it is only then that the plaintiff has failed to evidence. ( 21 Points ) Whose responsibility will it be to get the repairs and claimed the amount from the,! Above 20 Lakhs then file in state commission and if above 1 crore, file. The respondents to maintain the pond by carryout the repair work, to arrest or stop the is! Section 471 of the defendant claimed the amount to post replies Veerappa Chettiar v. District Collector and,... Valid notice under section 68 such circumstances, you can go to court claim! File complaint against society before Consumer Forum has No jurisdiction to entertain the complaint filed by the Municipal! Time depute to him calling upon him to immediately remedy the leak and also ask of.. 10 Lakhs amount in 2013 and cheated while signing to help you get practical Advice! Happening due to leaking pipes of second floor every day made in note... 9 on 28th May, 1997 and found substance in the flat that was above our flat to or! Of affidavits as well as quality of building material is not carried out as per and! Proceedings was a quasi judicial power and could not have been delegated under section 381 the... Above 1 crore, then file in state commission and if above 1 crore, then file in commission! Valid notice under section 381 does not explicitly authorise an officer subordinate the!

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supreme court judgement on water leakage from upper floor flat