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Structural changes & leakages

(Querist) 13 February 2015 This query is : Resolved 

I am seeking opinion in my issue. I become member of housing society most recently in one of Mhada colony. The said room was in the name of late mother who was original member of that society since constructed in 1975. We took possession in 1977 & ever since faced numerous problems of leakages from upper floor member. Upper floor member has habit of crushing ground-nuts & some other materials in iron pot with iron hammer (खलबत्ता). No changes in his attitude even of several requests. Negligence by society office bearers too. He made kitchen platform somewhere in early 80’s. We had experienced a lot since then. Again no changes in his attitude & society committee’s negligence even of many complaints. Around 2003, he made structural changes in his bathroom, reduced his original bathroom, proposed new wall on open slab without beam support under it. Due to this, discharge point (outlet to down take pipe line) came out of this new bathroom. This cut area is accommodated in kitchen & thus made L shaped kitchen instead of rectangular shaped. Since outlet of old bathroom came out, he made new hole in slab & connected to nhani-trap 2 feet away from original discharge point in offset manner. This makes obstruction to flushing of water accumulated in new bathroom, resulted in leakages all over in bathroom & adjacent toilet too. The whole slab got cracks everywhere due to this proposed wall. We suffered a lot till Nov 2009. This resulted in damage of kitchen ceiling too. The kitchen ceiling fell in deep mid night where my family members were slept. They survived luckily. We made many complaints to owner, society committee. Since he was active member of each committee, the committee harassed us in much way. It made skin diseases; reactivate TB of my mother & many others. We were forced to vacate room & to take another room on rent. My mother died in 2011. Since then I am fighting against this with society & member. The Society kept hold of my room’s transfer deliberately for 3.5 years. Society allowed me membership when I complained to deputy registrar. I approach deputy registrar on this issue too but the office showed inability to intervene in this illegal activities of leakages. They put finger on MCGM. I approached MCGM in Oct 2014, made 5 complaints since then. Since no action taken, I raised this issue in Public grievance forum. My society committee started threatening me & told me they would do anything to kill this complaint. In fact they did. All being are from Mantralaya. They influenced & managed MCGM building & factory dept. The MCGM concerned dept didn’t reply to any of my complaint, moreover, trying in making closure report by adding inspection-cum-opinion report of “No Leakage Found”. I challenged them with submitting updated photographs of every week in last 3 months which showed leakages with open eye. They are in denial mode. They are messing with MRTP act, misleading me & their top officials. They have made single paper work as of today which is nothing but of request-cum-letter to the society committee for building’s OC plan. They could seek from their own dept of “Building Proposal”, but they didn’t. They refused to make inspection of upper floor, refused my request on demand of structural audit for this. They were banking on my room’s inspection only. At this week, when I raised in Public Grievance, the concerned engineer, demanded inspection of my room. He made chaos in my room, broken my chair in hectic argument & reported No leakage to Assistant Commissioner . I challenged this & showed real time photographs & demanded why no inspection of upper floor room till date now. The Ass Comm in turn ordered to check thorough of my room first for any illegal structural activities & served me notice. This is the way MCGM behaves with citizen. I made complaint to Sitaram Kunte, no action till date. MC office relies on his office bearers’ report than on me.
I want to sue Society committee, MCGM concerned dept for this mess. It’s sad that I demanding for restoring of bathroom structure as it was sanctioned in plan which is being dismissed by such corrupt way. Please help me how to approach police & court. Tell me about co-operative court whichever may be faster.


ajay sethi (Expert) 13 February 2015
file complaint before consumer forum against society and member . in alternative move cooperative court against society and member
R.K Nanda (Expert) 13 February 2015
consult local lawyer.
Rajendra K Goyal (Expert) 13 February 2015
Consult local lawyer and file complaint with the consumer forum or with the cooperative court.


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