Can defendant file a municipality complaint while court case is going on
niky......
(Querist) 10 July 2014
This query is : Resolved
Hello,
I am a tenant(defendant) and the owner(plaintiff) has filed a evac case. My query is not exactly related to that case but to know if i can file a Municipality complaint towards the slabs that are falling from terrace of building and a iron gate at lobby constructed at staircase by owner which can case a major hurdle in case of emergency situations to carry a patient. I requested the owner to remove that gate but he is not listening, hence wanted to complaint in Municipality. But since a court case is going on, is there any restriction that i cannot raise this complaint or can i do it?
Please advise. Thank you.
Devajyoti Barman
(Expert) 11 July 2014
file a civil suit. Complaint to Municipality will not yield desired result.
V R SHROFF
(Expert) 11 July 2014
Remedy in CIVIL COURT.
Hemant Agarwal
(Expert) 11 July 2014
IRRESPECTIVE OF THE ABOVE:
1. IF the building is in Mumbai, a proper complaint can be filed with the Municipal Court, after putting prior due 30 day notice to the BMC "designated officer", for the dilapidated /dangerous condition of the building.
2. Irrespective of being a Tenant .OR. a vested party, ANY non-interested prudent citizen can file the above complaint at the Muncipal Court.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
Guest
(Expert) 11 July 2014
If human lives are endangered on account of falling slabs, and the petition for evacuation also does not contain the reason of falling slabs, you can file complaint with the municipality.
niky......
(Querist) 11 July 2014
Thank you very much respected experts for your suggestions.
Guest
(Expert) 12 July 2014
You are welcome.
Raj Kumar Makkad
(Expert) 12 July 2014
I do agree with the advice of Hemant aggarwal and Ld. Dhingra Sir.
Sudhir Kumar, Advocate
(Expert) 12 July 2014
pending litigation for eviction doe snot give license to the owner to keep the building unsafe.
T. Kalaiselvan, Advocate
(Expert) 12 July 2014
This appears to bean intentional torture by the landlord to exert pressure on the tenant to vacate the premise, hence a complaint mentioning the dangerous condition maybe lodged with the concerned authorities.
