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shrikant manjrekar   13 February 2015 at 12:27

Structural changes & leakages


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.


Minal Ghag   13 February 2015 at 12:10

Stamp duty and it relief on gifted property

Dear Sir,

1. My mother had bought a residential plot for constructing a house. however she now is constructing six flats on the same plot.

2. She wants to give one of the flat to me as inheritance during her life time and wants the balance property to be given to my two brothers later.

3. However as she did not have sufficient funds, for construction, I and my husband have given her 30 lakhs which is sufficient for construction of one flat only. the Market cost of the flat is 65 lakhs.

4. In order to raise this money my husband has taken loan from PF being a central govt employee.

(A) Is giving inheritance during her life time allowed?

(B)Can we register this property as inheritance with my husband as co-owner.

(C) Can my husband get the tax benefit.



(D) How much stamp duty registration charges will be required to be paid for processing it as
(i) Inheritance
(ii) Gift
(iii) Sale deed
(E) What would advisable, to process it as inheritance or gift or a sale deed in name of my husband to maximise tax benefit as well as to pay minimum allowable stamp duty?

Regards

Pragati Jain   13 February 2015 at 11:58

Notice format

Dear Seniors,

MAy i have a format for sending notice to the Consumer for visiting their premises.

Somsuvra Mukherjee   13 February 2015 at 11:58

Tds deposited but not deducted

Dear all,

I have a query regarding TDS.
My client being a company have deposited TDS (Group TDS) with the ITD but have not, rather, forgot to deduct the same from the individual assessee. Now, after few years, on attempt to recover the TDS amount from the assessee, the assessee is not willing to pay the amount. What is the legal provision to recover the said amount from the assessee ?
Kindly provide with the Judgements also. if any .
Thank you in advance.

Anup Gupta   13 February 2015 at 11:35

Appeal against order 26 of cpc

Dear Members.
We had filed an application under order 26 of CPC in suit for specific performance, for appointment of Local Commissioner for recording evidence. The said suit is pending before Hon’ble High Court of Delhi and said application u/o26 of CPC was dismissed by Hon’ble High Court as opposite party objected.
Is appeal to be filed against said dismissal order or not and if yes in which provision;
Sec. 104 & Order 43 of CPC is silent about the same.

Pragati Jain   13 February 2015 at 11:31

Dual employment

Greetings Seniors,

I want to know if an Employee working full time in an Organisation, can also work part time on weekends as per Indian labour laws? It is to be noted that the employee is not on payrolls of the Organisation where he is working part time but only on the payrolls of the organisation where he is working Full time. which section of Factories Act or any other Act of labour law governs the same? Any light on the same would be of great help. Thanks in anticipation of a response.

kalpesh   13 February 2015 at 10:48

Criminal section asking

I have some issues with my wife and living separately from her from about 7 years.before 2-3 years she worked in a pvt. collage as a professor for 2 year period saying that she is unmarried.Some days ago when i filed a RTI in her collage i knew about it that she supressed the fact about her marriage to collage and kept them in dark.now she has resigned from there and it is possible that collage dont take any action on her becoz of past relation.i want to know what can i do to punish her although we have not got divorce from court.In this country many people file court cases against the films like PK saying that film hurts their religious feelings and they have right to case against amir khan u/s 295 etc.although they are not forced to watch PK or to follow message of film yet their complaint or fir is being lodged then why i cant do any legal case to my wife to hurt my personal feelings,and if collage dont take any action can i put a case against collage.? pls advise with perfect section

shreedhar naidu   13 February 2015 at 10:45

Copy of judgement - ancestral property

My wife has four sisters and one brother.

Brother filed an O.S. 7063/2010 in City Civil Courts in bangalore against father and others( including one sister ).

Judgement is passed in respect of this O.S.
during second-half of August 2014.

Please guide me how to get a copy of this judgement ON LINE.

Regards

Shreedhar Naidu.

jaidonwalkar   13 February 2015 at 10:32

sale deed

I have purchased a new constructed flat. Agreement to sale has registered and full stamp duty is paid. Now we are getting possession of the flat with possession letter only. Builder is saying No to sale deed. Is it ok , not to make sale deed? Society is not formed yet. Please guide.

jaidonwalkar   13 February 2015 at 10:29

sale deed

I have purchased a new constructed flat. Agreement to sale has registered and full stamp duty is paid. Now we are getting possession of the flat with possession letter only. Builder is saying No to sale deed. Is it ok , not to make sale deed? Society is not formed yet. Please guide.