Somebody file false complaint against mmc act 394

Rajeev Jaiswar (Querist) 01 February 2025 This query is : Resolved
Respected Sir/Madam,
My father has an atta chakki which is in a slum area in Chembur and my father has been running this chakki since 1988 and since 1988 we have renewed all the approvals like license, Gumasta and Factory permit from time to time and all the documents are renewed till 31/03/2025, but three months ago we had a fight with a person named Sunil Kargutkar, he asked for some money from us, which we refused, after which he filed a false complaint with the police that his wife got TB because of the chakki, for which 10 lakhs were spent on her treatment, in reply to which we had told that my father and brother stay in that chakki for more time than anyone else and everything is clear in their medical report also, i.e. they are completely healthy, so the police drove him away, then he filed the same complaint with BMC To which we have replied in the same manner and in support our MLA has also written a letter to BMC that no action should be taken against a mill which has been running for 40 years due to personal reasons of one person u/s MMC 394.
We are really worried about about earning we are facing financial loss and mental harsment due to this.
And today he bring bring one BMC medical officer for inspection and inspection the officer mentioned below points :-

On receipt of complaint No. ACMW/13392/92592/dt 23/12/2024 visited and inspected the business on dated 31/01/2025 at 3.30 pm when Mr. Nagendra Jaiswar in person was present and found that the following conditions were violated General condition No. (6) License is not displayed in the business premises (13) Disturbance in neighbor's house due to dust (flour) as per complaint Special condition No. (6) Premises should be maintained dust free You are directed to rectify the above condition within 7 days from the date of receipt of the commencement report, failing which legal action will be taken under section 394 of MMC Act, for which please note
(We have already install dust sucking machine and also put curtain in our chakki)
This is turning out to be a personal rivalry for which he is using the Chakki
Kindly advise

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A flour mill owner is facing a false complaint filed by a neighbour with whom they had a prior dispute. The neighbour falsely accused the mill of causing his wife's TB, leading to a BMC inspection and a notice under MMC Act 394 for alleged dust disturbance. The mill owner has valid licenses, has taken steps to control dust, and has support from local residents and their MLA, who believes the complaint is motivated by personal rivalry. Advice is being sought on how to formally respond to the BMC and address the false allegations.

T. Kalaiselvan, Advocate (Expert) 01 February 2025
You can give a reply to the notice received through your advocate and then file a suit for permanent injunction against the BMC/ Medical officer to restrain them from indulging in such activities on the basis of false complaint made by a third party due to his personal vengeance.

kavksatyanarayana (Expert) 01 February 2025
Yes. You can reply that all the violated conditions are rectified duly following the report of the Inspection Officer. You file a suit against the person that the complaint is false, restraining him from such vengeance issues. Consult a local advocate for further guidance.

Rajeev Jaiswar (Querist) 02 February 2025
Any respected member can give draft reply letter to Produce BMC.
This would be great help for people like me

kavksatyanarayana (Expert) 02 February 2025
It is not possible here to give you a draft reply. You can engage a prudent lawyer.

Rajeev Jaiswar (Querist) 02 February 2025
To,
The Officer in Charge,
Brihanmumbai Mahanagar Palika,
M/W Ward,Chembur, Mumbai-71

Subject: Response to Complaint No. ACMW/ dated 23/12/2024
Dear Sir/Madam,
I hope this letter finds you well. My name is Balwant Hariba Mohite, and I own a flour mill located in Khardev Nagar, Chembur. Since 1988 almost running from 37 years, I am writing in response to the inspection that took place on 31/01/2025, following a complaint registered against my business.
First off, I want to assure you that we take this matter seriously. My flour mill has been in operation since 1988, and throughout these years, we have diligently renewed all necessary licenses, including the Gumasta and Factory Permit. All our documents are up-to-date and valid until 31/03/2025.
Regarding the recent complaint made by Mr. Sunil Kargutkar, I would like to clarify that it seems to stem from personal rivalry rather than any genuine grievance. Here are a few points that I believe are important to consider:
1. Distance and Accessibility: Our mill is situated approximately 15 feet away from Sunil Kargutkar's residence. There are also two commercial lanes that separate his house from the mill, which are currently closed. Additionally, the family of our main operator lives right in front of the mill and has not reported any health issues.
2. Commitment to Cleanliness: We are very conscious of our neighbors’ well-being. To minimize any dust and noise, we have installed dust-sucking equipment and curtains in the mill. Every Monday, we ensure that the roads in front of the mill and the premises are thoroughly cleaned to prevent any inconvenience.
3. Transparency: All relevant licenses, including the Gumasta License and Factory Permit, are prominently displayed at our premises. I am also enclosing these documents for your reference.
4. Community Support: We have gathered signed letters from permanent residents confirming that they do not face any inconvenience due to our mill’s operations. This community support underscores our commitment to being good neighbours.

Considering these points, I kindly ask that you consider the nature of this complaint. It appears to be rooted in personal animosities rather than factual inconveniences, and I hope that no hasty actions will be taken against our mill based on the allegations of one individual.
Thank you for your attention to this matter. Please feel free to reach out if you require any further information or clarification.
Warm regards,

Balwant Hariba Mohite

Rajeev Jaiswar (Querist) 02 February 2025
Kindly advise if anything needed in this letter
However I have also got letter for MLA state that :- BMC is not take action against a mill that has been running for 40 years because one person has filed a complaint with wrong intentions. I request you to cancel this action. The MLA has written this.

Rajeev Jaiswar (Querist) 03 February 2025
Please review and add your valuable feedback back

kavksatyanarayana (Expert) 03 February 2025
The MLA letter is a separate one as it is a recommendation. Besides, in your letter, you deny the complainant's allegations.

P. Venu (Expert) 06 February 2025
Yes, it is important that you deny the allegations. It is unnecessary to give too many clarifications or explanations. In short, the reply needs to be precise.

Rajeev Jaiswar (Querist) 06 February 2025
Noted Sir I will write accordingly your guidance

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