Noise due to furniture repairs in society compound

First issue notice to the chairman of the society to stop the furniture work in the society, if he respond you positively then no problem, otherwise you will have to approach the court to restrain them by filing Suit for Injunction.

Dear Hersh

Mr. rajoo is right but you can fikle an application to DM/SDM u/s 133 Crpc regarding this matter instead of filling suit.

read this

133. Conditional order for removal of nuisance.

(1) Whenever a District Magistrate or Sub-Divisional Magistrate or any other Executive Magistrate specially powered in this behalf the State Government on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, consider --

(a) That any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel, which is or may be lawfully used by the public: or

(b) That the conduct of any trade or occupation or the keeping of any goods or merchandise; is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such, goods or merchandise should be removed or the keeping thereof regulated; or

(c) That the construction of any building, or the disposal of any substance, as is likely to occasion conflagration or explosion, should be prevented or stopped; or

(d) That any building tent or structure, or any tree is in such a condition that it is likely to fill and thereby cause injury to persons living or carrying on business in the neighborhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary: or

(e) That any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public: or

(f) That any dangerous animal should be destroyed, confined or otherwise disposed of,

Such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, talk well or excavation, or owning or possessing such animal or tree, within time to be fixed in the order-

(i) To remove such obstruction or nuisance; or

(ii) To desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or

(iii) To prevent or stop the construction of such building, or to alter the disposal of such substance; or

(iv) To remove, repair or support such building, tent or structure, or to remove or support such trees; or

(v) To fence such tank, well or excavation; or

(vi) To destroy, confine or dispose of such dangerous animal in the manner provided in the said order;

or, if he objects so to do, to appear before himself or some other Executive Magistrate Subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute.

(2) No order duly made by a Magistrate under this section shall be called in question in any civil court.

Explanation. A "public place" includes also property belonging to the state, camping grounds and grounds left unoccupied for sanitary or recreative purposes.

BESIDES THE ABOVE LOGICAL ADVICE :

1.  If you are in Mumbai, call up the police control room on phone number 100,  exactly at 6pm and report the nusiance.  The police patrol van will come and seize & consificate up all the carpentery equipments and other things that are the reasons for making noise & nuisance

ADDITONALLY :
2.  Serve a legal notice to the society managing committee and then after 30 days file a case with the Consumer Court and claim for damages as well.

Keep Smiling .... Hemant Agarwal

@ Advocate Hemant Agarwal

If the member has to file a complaint in the Consumer Court. under which definition of "Complaint" under the consumer protection act, 1986 will it come?

for : Dr. MPS RAMANI Ph.D.[Tech]

1.  The Society Mg.Committee, is duty bound to maintain peace in the Society premises under the powers conferred to it, under bye-law no. 112, 140 & 141.

2.  If the mg.committee fails to do so, even after receiving a members legal notice, it can be expressly implied that the mg.committee has deliberately failed to perform its mandatory duties,  which is termed as "negligence and deficiency in services", under the Consumer Protection Act.

Keep Smiling .... Hemant Agarwal

In most Societies the Managing Committee members do honorary service and do not receive any remuneration. Any "service" that is provided free is not covered under the definition of "service" in the Consumer Protection Act, 1986. Any way if there is any case under which any of the cusumer bodies from the District Forum to the National Forum has entertained complaint against the MC members of a Co-operative Housing Society, I would like to know.

1.  A member of the society is a "Consumer" within the meaning of the Consumer Protection Act and can sue the society for "deficiency in service"  or "negligence in service.

2.  Management of the Society is equal to providing  "SERVICES"  to the members.  When a member pays money it is for receiving services (ANY & ALL) as defined in the approved & registered bye-laws. 

3.  It is the mandatory duty of the Secretary to provide services, to its members because of the service charges being collected by the CHS MC.  The services  & reponsibility of the Secretary is to maintain peace & harmony in the CHS premises.

4.  By virtue of section 73(1AB)  "ALL"  the MC members are "individually & severally" responsible for the conduct of the MC (now this includes the secretary).  IF the secretary fails to maintain peace and harmony (whatever reason is immaterial),  THEN the secretary is guilty in deficiency & negligence in services.

Keep Smiling .... Hemant Agarwal

ALSO REFER TO :  "Times of India", Mumbai Edition on April 03, 2009, page no. 04.

(this was posted in the LCI Forum, by me on April 03, 2009)

HOUSING SOCIETY SECRETARY FINED 7000/- FOR POOR SERVICE

Housing society secy pays for poor service

Consumer Forum Fines Him Rs 7,000

Mumbai: This landmark order will bring cheers to numerous residents who have been struggling to get a proper response for their grievances from office-bearers and committee members of cooperative housing societies.

   The Central Mumbai District Consumer Disputes Redressal Forum has imposed a penalty of Rs 7,000 on the secretary of Chandra Bhuvan Cooperative Housing Society at Bhoiwada for not replying to a letter sent by a resident of the building.

   The complainant was a senior citizen, Madhuri Gujar, who had filed an application for the nomination of an associate membership as she was ailing. An associate member has the status of a person with power-of-attorney and has the right to contest elections and even attend annual general meetings of the society. “But the secretary was not accepting my letter on the grounds that there was a case pending at the cooperative court. I then sent the letter through housing federation’s office,’’ the complainant said. But even then, Gujar did not get a reply.

   Gujar’s counsel argued that the new amendment in the Maharashtra Cooperative Societies Act Clause 73 (1 AB) put the onus on the secretary of the housing society. Section 73 of the Act states that every member is required to execute an indemnity bond within 15 days of taking charge of the office. According to the bond, the committee members are responsible for all actions taken by the society. The counsel for the secretary, meanwhile, argued that the complainant could not file a personal case against the secretary.

   The consumer forum ruled that as the secretary had not replied to the member’s letter it was deemed that a deficiency of service and negligence of duty under the Consumer Protection Act 2005 had taken place.

   Consumer activists have welcomed this order. “This is a landmark order. There are many officer-bearers who do not bother to address the grievances of the members of a housing society. This order will be a deterrent for them,’’ said consumer activist Rajan Almichandani said. He said Section 73 (1 AB) of the Act was introduced precisely to rein in such errant officebearers. “The cooperative registrar’s office is flooded with thousands of complaints from housing society members against office-bearers. The consumer court has proactively taken up the issue and imposed penalty in accordance with the provisions of the Consumer Protection Act,’’ Alimchandani said.

THE CASE

Madhuri Gujar of Chandra Bhuvan Cooperative Housing Society at Bhoiwada filed an application for the nomination of an associate membership as she was ailing. An associate member has the status of a person with power-of-attorney and has the right to contest elections and even attend annual general meetings. However, the secretary did not accept her letter on the grounds that there was a case pending at the cooperative court. The letter was then sent through the housing federation’s office, but even then, Gujar did not receive a reply. Gujar’s counsel said the amended clause of Maharashtra Cooperative Societies Act put the onus on the secretary of the housing society. However, the secretary’s counsel said the complainant could not file a personal case against the secretary.

   The consumer forum ruled that since the secretary had not replied to the member’s letter “a deficiency of service and negligence of duty had taken place”.

Unfortunately I find that members of the Forum show interest in topics related to Section 498A, IPC, the DV Act and other family laws only. Probably only those posts give scope for juicy gossip. Besides Adv. Agarwal there are two more advocates here. I wish they also participate in the discussions.

“The Society Mg. Committee, is duty bound to maintain peace in the Society premises under the powers conferred to it, under bye-law no. 112, 140 & 141”.

There are several Model Byelaws. One is for “Open Plot type” societies and another is for flat type Societies. Though most of the bye-laws are same in both, their numbering is different. Hence it is difficult to identify a byelaw by its number alone. In the “Open Plot Type” society byelaws No. 112 says that Management of the Society is vested in the Managing Committee. Byelaw No.140 deals with powers of the Chairman. Byelaw No.141 lists the functions of the Secretary. In my copy 25 functions are listed. None of them relates to maintaining peace. Of course bye-law No. 175 says whom to approach for redressal of each type of grievance. Probably a later issue of the same by-laws may contain more. I am discussing bye-law No. 175 later.

“If the mg. committee fails to do so, even after receiving a members legal notice, it can be expressly implied that the mg. committee has deliberately failed to perform its mandatory duties,  which is termed as "negligence and deficiency in services", under the Consumer Protection Act.”

1.    A member of the society is a “Consumer” within the meaning of the Consumer Protection Act and can sue the society for “deficiency in service” or “negligence in service”.

Under Section 2 (d) (ii) of the Act a consumer means any person who –

hires or avails any service for a consideration ..........

As the Managing Committee members do not receive any “consideration”, the members who receive their service are not “consumers” under the Act. Was this presented before the court? If so what was the observation of the court?

2.      Management of the Society is equal to providing  "SERVICES"  to the members.  When a member pays money it is for receiving services (ANY & ALL) as defined in the approved & registered bye-laws. 

The amounts collected from members are for outwards and services such a Municipal tax, Water tax, common electricity, sweeping and cleaning the common premises, security etc. The Managing Committee collects the amounts from the members and pays to the respective agencies. They do not take any commission or remuneration for themselves. The relationship between such receipts and payments is called “mutuality”. Receipts like admission fee, car parking charges, rent etc have no corresponding mutuality. They will be credited to the reserve fund or repairs fund, The Managing Committee does not appropriate to themselves any amount from such receipts either. If in a particular Society, if any or all Managing Committee members receive remuneration, they may come under the Consumer Protection Act.

3.    It is the mandatory duty of the Secretary to provide services, to its members because of the service charges being collected by the CHS MC.  The services  & reponsibility of the Secretary is to maintain peace & harmony in the CHS premises.

This is already answered

4.  By virtue of section 73(1AB)  "ALL"  the MC members are "individually & severally" responsible for the conduct of the MC (now this includes the secretary).  IF the secretary fails to maintain peace and harmony (whatever reason is immaterial),  THEN the secretary is guilty in deficiency & negligence in services.

Keep Smiling .... Hemant Agarwal

Please see my comments below.

ALSO REFER TO :  "Times of India", Mumbai Edition on April 03, 2009, page no. 04.

(this was posted in the LCI Forum, by me on April 03, 2009)

HOUSING SOCIETY SECRETARY FINED 7000/- FOR POOR SERVICE

Housing society secretary pays for poor service

Consumer Forum Fines Him Rs 7,000

Did the Secretary pay the amount and if so, to whom, the Government Treasury or the Complainant? Did the Secretary pay the entire Rs.7000/- all by himself or was it shared among the Managing Committee members in view of Section 73 (1AB) quoted above?

The district Forum had ordered it. Did the Secretary go higher on appeal?

Mumbai: This landmark order will bring cheers to numerous residents who have been struggling to get a proper response for their grievances from office-bearers and committee members of cooperative housing societies.

   The Central Mumbai District Consumer Disputes Redressal Forum has imposed a penalty of Rs 7,000 on the secretary of Chandra Bhuvan Cooperative Housing Society at Bhoiwada for not replying to a letter sent by a resident of the building.

   The complainant was a senior citizen, Madhuri Gujar, who had filed an application for the nomination of an associate membership as she was ailing. An associate member has the status of a person with power-of-attorney and has the right to contest elections and even attend annual general meetings of the society. “But the secretary was not accepting my letter on the grounds that there was a case pending at the cooperative court. I then sent the letter through housing federation’s office,’’ the complainant said. But even then, Gujar did not get a reply.

   Gujar’s counsel argued that the new amendment in the Maharashtra Cooperative Societies Act Clause 73 (1 AB) put the onus on the secretary of the housing society. Section 73 of the Act states that every member is required to execute an indemnity bond within 15 days of taking charge of the office. According to the bond, the committee members are responsible for all actions taken by the society. The counsel for the secretary, meanwhile, argued that the complainant could not file a personal case against the secretary.

The consumer forum ruled that as the secretary had not replied to the member’s letter, it was deemed a deficiency of service and negligence of duty under the Consumer Protection Act 2005 had taken place.

   Consumer activists have welcomed this order. “This is a landmark order. There are many officer-bearers who do not bother to address the grievances of the members of a housing society. This order will be a deterrent for them,’’ said consumer activist Rajan Almichandani said. He said Section 73 (1 AB) of the Act was introduced precisely to rein in such errant office-bearers. “The cooperative registrar’s office is flooded with thousands of complaints from housing society members against office-bearers. The consumer court has proactively taken up the issue and imposed penalty in accordance with the provisions of the Consumer Protection Act,’’ Alimchandani said.

I am neither a lawyer nor Secretary of any Co-operative Housing Society, not even a Committee Member. But if I were the Secretary I would have challenged the order in the higher court. I suspect the counsel for the Society had not presented his arguments properly before the Forum.

THE CASE

Madhuri Gujar of Chandra Bhuvan Cooperative Housing Society at Bhoiwada filed an application for the nomination of an associate membership as she was ailing. An associate member has the status of a person with power-of-attorney and has the right to contest elections and even attend annual general meetings. However, the secretary did not accept her letter on the grounds that there was a case pending at the cooperative court. The letter was then sent through the housing federation’s office, but even then, Gujar did not receive a reply. Gujar’s counsel said the amended clause of Maharashtra Cooperative Societies Act put the onus on the secretary of the housing society. However, the secretary’s counsel said the complainant could not file a personal case against the secretary.

It is not clear what Ms. Madhuri Gujar wanted. Did she, a (primary) member of the Society wanted to get another person as an Associated Member? Or did she want to nominate another person as her nominee to receive her interests in the Society, in the event of her death? If a member has any grievance against the Society, the Housing Federation does not entertain complaints from any individual member. Such a member should aproach the Deputy Registrar of the ward concerned. The Registrar would take up the matter with the chairman or secretary. If necessary he may even call them and the complainant to his office and try to settle the matter. If he finds the Society in the wrong, he would even order them to take corrective action. The order of the Registrar has the weight of the order of a court.

Did Ms. Gujar get what she wanted from the consumer forum? Did she want only a reply from the Secretary, whatever that may be or only to penalize the Secretary? Did the consumer court order the Secretary to admit her Associate Member or to accept her nomination of her heir? If not, of what use to her the order of the Consumer Forum was, except the vengeful satisfaction that the Secretary is poorer by Rs.7000/-. Is a consumer forum for redressal of grievances of the complainants or just for punishing the opposite parties only?

As regards the rights and privileges of an Associate Member Section 24 of the Act says as follows:

24. Nominal, Associate and sympathizer member:

...............but such a member or an Associate Member, may, subject to the provisions of sub-section (8) of section 27, have such privileges and rights and be subject to such liabilities of a member, as may be specified by the bye-laws of the society.

Section 27 (2) gives right to an Associate Member to vote at a meeting if the (primary) member is not present.  Subsection (8) denies these rights to nominal and sympathizer members.

An Associate Member shall have no other right such as contesting elections to the Managing Committee, unless the bye-laws specifically provide. Model Bye-laws do not give any right more than that under Section 27(2) to an Associate Member.

Section 14 of the Consumer Protection Act lists the actions that can be taken by the district forum based on its findings. Ordering the Society to admit a person as an Associate Member or to admit a nomination are not covered under any of the steps listed there under. Only the Co-operative hierarchy is equipped to address such complaints.

Under bye-law No.175 (E) complaints such as about nuisance has to be made to the police. Once the Secretary makes a complaint to the police,  his responsibility is over. Will the police act? It would depend on who pays them more the complainant or the nuisance creator.  If the Police does not Act, can the Consumer Court order the Police to take action? Obviously not. The channel for criminal cases, are different like police, magistrate, criminal court and on.

Instead of quoting newspaper cuttings, it would be better if one analyses the arguments and the judgment on the basis of laws, facts and the depositions before court.

Though all co-operative societies come under the Co-operative Societies Act, a purely residential co-operative housing society is distinct from other types of co-operative societies. A co-operative housing society is exclusively for its own members. A co-operative bank or a co-operative store may serve outsiders also.

I keep smiling

1.  The IF's, BUT's, WHY's, WHEN's, WHERE's, WHAT's and other Irrelevant & inquisitve arguments will not change the order of the Consumer Court.

2.  The member is defined as a Consumer and the services (whatsoever) provided by the CHS is a service (even if it is in mutuality) to the member. 
- Member pays to the CHS for the Services. 
- The services is provided by the CHS and not the MC. 
- However the CHS has delegated the power to the MC to provide services to the CHS members
-  and the MC has voluntarily & expressely accepted to do so (in lieu of nominating himself as a interested canditidate during CHS elections).
- Complaint is filed against the CHS and not against the MC (who may have quit).
- Court orders damages/compensation which the CHS is liable to pay. 
- Since MC is the delegated representative of the CHS, the specific MC (Secretary) becomes liable to pay.
- Concept of Social / Free / Non-payment / Honorary servies, can be flushed down the drain, since such concept is not recognised by any Law (in India, atleast)  .AND.  cannot be an hallucinated excuse to do anything or ignore anything, while still retaining power / responsibility, at the cost of other people.

3. Consumer Protection Act,  is an  "ADDITIONAL REMEDY"  and is independent of the MCS Act or any other Act (which-so-ever).  A "Deemed Consumer", is also a Consumer.  There are several orders / judgements to this effect, with regards to legitimate free services being offered by Airport Authorties, Shopping Malls, Club houses, Pubs and so on,  wherein a person is deemed to be a Consumer, the moment he enters their premises, irrespective of the fact as to whether the person has paid / purchased anything or not purchased anything.

4.  The newspaper article is only reproduced here for basic understanding and not for irrelevant just-for-the-sake-arguments (that is  "IF"  that was the intention). 
Even the Judiciary would be held resposible for court-case-delays, (means "Negligence and Deficiency in Judicial Services"), had it not been for prosecution immunity granted to the Judiciary, which would now hopefuly change due to the recent Judiciary Accountability Bill.

5.  An individual member can only control nuisance inside his own flat and not in the common premises / spaces in the Society, for which the power to do so vests with the Secretary, even if he is working without any payment (whatsoever). 
Consumerism is about "Negligence and Deficiency in Services",  from the delegated authorities who have been (voluntarily or dutifully) entrusted/ responsible to provide any services to the people (members, customers, deemed customers and so on) irrespective of any money transactions.
eg. A public member, immediately on entering a hospital premises for medical service, becomes a "deemed consumer", irrespective of monetary payment criteria.  IF the public member, on entry, falls down on a dirty slippery floor in the hospital, and breaks his leg, the Hospital is held guilty of "Negligence and Deficiency in Services", since the Hospital is duty bound to keep clean its premises, for the deemed customer, irrespective of the fact as to whether the deemed customer has or has not availed its paid / free medical services.

6.  Having  "ADDITONAL REMEDY" authority, the consumer court definetly has jurisdiction to direct the society to admit any member as an associate member, if the due fees has been paid to the CHS and there are no other legal issues.

7.  The Consumer Courts has recently given several judgements, regarding Parking, Deemed Conveyance etc....,  due to its extra-ordinary powers as  "Additional Remedy".

8.  Any "negligence & deficiency" of any authority (including BMC, Banks, public servants) can be complained to the Consumer Court, irrespective of legal remedies available under other laws.

BTW,  DID YOU KNOW?
Smiling occurs regardless of culture. Smiling is an innate reaction. Smiling is the only human facial expression that can be recognized at a distance of 300 feet. It also makes the brain produce endorphins — hormone-like substances that have analgesic properties and are responsible for positive moods.

Keep Smiling .... Hemant Agarwal

posted here for the ignorants and prejudiced minds :

HOUSING  SOCIETIES  ARE   "SERVICE  PROVIDERS"
(reproduced from Times of India, Mumbai edition dated 16-05-2012 @ page no. 06)

Mumbai: Bringing housing societies within the ambit of service providers, the Maharashtra State Consumer Disputes Redressal Commission said. It ordered an Andheri (W) society to hand over a 900sq ft flat to a woman who paid for it in 2001 but did not get possession.

Vithaldham Cooperative Housing Society Ltd will also pay Vaibhavi Khot Rs 2 lakh compensation towards mental harassment and inconvenience and Rs 25,000 towards costs of the complaint.

 Holding the society guilty of deficiency in service, the commission said the housing society is a ‘service provider’to the complainant.  The commission quashed the district forum order and said Khot was a lawful member of the society who had paid the entire construction cost and was deprived of her lawful right of occupying the flat. “Not only this, but without occupying the flat, she is paying maintenance charges to the society. The action on part of the society is totally arbitrary and cannot be supported,” the panel said.

After her mother’sdeathin 1996, Khot requested the society to make her a member in her place and the general body admitted it. Through a letter dated November 7, 2000, the society informed Khot to deposit Rs 7.58 lakh and take possession of the flat. Khot paid the amount and also paid Rs 41,164 towards maintenance.The society then directed her to pay an additional Rs4 lakh as interest accumulated on account of non-payment of dues by her mother. The society initiated proceedings against Khot before the District Deputy Registrar of Cooperative Societies.

In 2004, Khot filed a complaint before the forum.The society contested the complaint and said that it was false. It said that as per the resolution passed by the general body, possession was to be given only on full payment of the construction cost and interest for overdue installments.  It also stated that it was not a service provider according to the Consumer Protection Act. On December 31, 2007, the district forum rejected the complaint. Khot then filed a complaint in the state commission.

The commission took into consideration two allotment letters both dated March 16, 2000, given to Khot by the society.The commission pointed out that in one letter, there is no mention of the interest to be paid, while in another letter, there is mention of interest. The commission said a subsequent letter sent in November 2000, which did not specify anything about the interest, rendered the earlier letters redundant. It said the society failed to bring on record the alleged decision of the general body to charge interest. “We find the case has a chequered history,” the commission said.

This was not a dispute regarding providing any service, but of sale of a flat for which the complainant had paid for. One does not know how the question of service comes here. Usually the builder who sells a flat, is often hauled to the Consumer Court. I do not know how the Society is selling the flats. In Open Plot Type Societies, members first form the Society, then build the flats and allot to members. This may be a case like that. Also the District Forum had earlier rejected the complaint. It is not known on what grounds the District Forum rejected the case. May be if the case goes to the National Commission, it may reverse the order of the State Commission. Also there is Supreme Court above the National Commission.

It is also reported that the Society initiated proceedings before the Deputy Registrar of Co-operative Societies. It is not known what the outcome of that was. As the member  filed a complaint  before the Forum, it may be that the decision of the Deputy Registrar was not in her favour. Registrar, Co-operative courts etc. are a different channel from the Consumer Law channel. If there is conflict between the two channels there will be confusion. In the case of complaint against a Bank, one can go only either to the Ombudsman or to the Consumer Court. If the case is pending with the Ombudsman, Consumer Court will not accept the same complaint and vice versa.

Justice Mhase, a retired judge of the High Court was the President of Maharashtra State Commission. I do not know whether he is still the President. In 2010 he issued an order that Marathi alone will be the language of the District Forums in Maharashtra including those in Mumbai city. One of the justifications given by him was that the staff and judicial officers of the Forums were being paid by Maharashtra State.

Article 350 of the Constitution states,

Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State as the case may be.

Besides Marathi, Hindi and English also are in use in Mumbai. How was it that the learned judge did not know that? As regards salaries being paid by Maharashtra Government, where does the State Government get the money from?  Are persons, who do not know Marathi, exempted from paying taxes in Maharashtra? Judges also are fallible. Only for practical reasons, a Supreme Court verdict is taken as final.

Ignorant?  Ignorant of what,  the law?  I had quoted sections from law in support of my argument. How did the judge explain the variance between his judgment and the written law? Assuming something which is not there is due to  prejudice. Saying what is not there in the law, and not quoting the law,  is prejudice.

Some years back there was a dispute between ONGC and a Co-operative Society in Surat  in the matter of laying a water pipe-line through the premises of the latter. There is a law which says that ONGC can lay pipelines through private premises to carry minerals. The contention of the Society was that water pipe-lines cannot be laid through its premises as water was not a mineral. The case went before the Supreme Court. The Learned Justices referred to the dictionary. The meaning of a mineral was given there as an inorganic material. The Justices ruled that water was an inorganic material and hence a mineral and ONGC could lay pipeline through the premises of the Co-operative Society.

I was amused to read that. The particular law is there to enable ONGC to lay pipelines to carry mineral oil. A mineral oil is an organic material. Hence going by the Supreme Court judgment ONGC cannot lay pipelines for carrying mineral oil, which is their business.

A mineral by definition is a resource occurring in nature in fixed quantities and hence gets depleted on extraction. Water from the natural water cycle is that which we use. It gets replenished. Hence it is not a mineral. There are waters in confined aquifers. Such waters are minerals. But we rarely use such water.

There was a child preparing for his examination. He was expecting a question on a coconut tree and hence prepared for that. But to his dismay the question was to write about the cow. He wrote what little he knew about the cow. Then he wrote that the cow was tied to a coconut tree and finished his essay writing about the coconut tree. Stretching the meaning of laws is like that.

Law is actually a science. If and when it becomes an art, the result is disaster.

What about the casting vote of the Chairman?

hi, actually my neighbor construct their modular kitchen with the help of some workers of Nagpur modular kitchen dealers. I am already disturbed but now they are going to make furniture for their kitchen. I am happy to know that there is also a solution.

Thanks for advicing not to making noise during furniture manufacturing. I wil also take care when we manufacture carved wooden furniture