Veerendra 09 June 2024

Office bearers not repairing broken pipe since 3 years.

Dear all eminent lawyers,

In brief:- There is leakage from a broken drainage pipe outside my apartment ( located in Andheri , Mumbai ) since the last 3 years. It has damaged the wall of the society structure & even my AC machine. It is creating a breeding pool of dirty water for mosquitoes etc.

Over the last 3 years I have written many letters along with images of the damaged pipe to the secretary.

He refuses to take any remedial action. Even the letters are not acknowledged.

Now my queries :

1] What are my legal options? Can I file a police complaint ?

2] Do I need to file a case in consumer court? If yes, under which section.

3] What kind of proof do I present to the court? Should I present images or videos taken from my mobile? What kind of evidence will withstand legal scrutiny ?

4] Is there any governmental agency which will come & check the broken pipe? I wrote to the health department of MCGM but they did not provide any response.

5] Any other suggestions regarding the same problem would be appreciated.

Hope to see many responses & many thanks I'm advance for the same.

Regards,

Veerendra Darakh

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Quick Summary

A homeowner in Mumbai is seeking legal advice after their society's office bearers have ignored a broken drainage pipe for three years. The leak has caused damage to the building structure and personal property, and is creating a public health hazard. The homeowner has tried contacting the society secretary and the municipal health department without success and is now asking for guidance on legal options, including filing complaints with the municipality or consumer court, the type of evidence required, and potential government agencies that can assist.

6 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 09 June 2024

First you raise the issue in the AGM of the society and if they do not take any action you can complain to the Dy./Jt. Registrar of Coop. Societies of your district.

1 Like

T. Kalaiselvan, Advocate (Advocate) 09 June 2024

1. You first issue a legal notice to the society about this and seek relief, failing which you can give a complaint to the local municipality.

2. You first exhaust the remedies available within and then explore the other possibilities.

3. You can secure evidences to prove your case.

4. They only have to do them.

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 10 June 2024

You can file a complaint to the Mumbai municipal corporation with photos

Veerendra 13 June 2024

Dear all eminent lawyers,

I have sent a copy of all letters which I had written to the secretary of the deputy registrar.

Till date no action has been initiated and I have not rexceived any reply from the deputy registrar..

So now :

Do i have to write a formal letter to the deputy registrar asking him to look into the matter? ( with all the letters previously sent as an attachment )

Or do i have to file a legal case in the deputy registrars office against the secretary.

What is the exact procedure to move in the deputy registrars office

Please let me know and hope to see a lot of responses.

Many thanks in advance.

Regards

Veerendra Darakh.

T. Kalaiselvan, Advocate (Advocate) 17 June 2024

You may resort to legal action as per provisions of law for proper relief and remedy in case you don't get any response properly from the authorities concerned.

Veerendra 18 June 2024

Originally posted by : T. Kalaiselvan, Advocate

1. You first issue a legal notice to the society about this and seek relief, failing which you can give a complaint to the local municipality.2. You first exhaust the remedies available within and then explore the other possibilities.3. You can secure evidences to prove your case.4. They only have to do them.

Are printouts of photographs taken from mobile phone accepted as evidence.

I have taken a few videos also. Perhaps they may have to given in a pen drive.

I humbly request you to elaborate on point 4 as I have not been able to comprehend what it means

Regards,

Veerendra Darakh