I renovated my house in Oct 2013 with NOC from Society and Letter from My Structural Engineer stating that the changes I am undertaking do not involve any Structural changes. During the work the Secretary (who is vengeful against me and is causing me harm) took the opportunity to harass me and stop my work by saying that I have done Structural damage. The society appointed a Structural engineer who gave in writing falsely that I have done structural damage. General Body Meeting was called to pin me down and I asked that BMC should decide. The complaint went to BMC and based on false report of engg the BMC also believed that the damage was carried out. I had no means to prove the Engg wrong then as I did not have RCC Plans of the building using which an ethical engineer can clear me out. I managed to procure thru RTI the RCC Plans last year. After that I have lodged complaint with BMC Commissioner to take action against the engineer. I have got reply recently directing me to concerned dept. I have not yet executed that. Instead I want to send letter to engineer to admit his mistake and rectify the error. Else he stands to lose his license if I proceed with the complaint. If the engineer ignores my letter and if I have to take him to court how does my case stand ?
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1. No one is going to admit his mistake. So you better forget this option.
2.I am not sure the present status of the constructions. If it is stopped then you have to lodge complaint with Registrar of Society to obtain such permission on the basis of documents in your favour.
3. You should get favourable order from the registrar itself. If not then you can file writ petition in the high court agaisnt such order.
4. From your post I find good merit in your favour.
1. The engineer will never admit his guilt. Nobody does that. There is nothing you can do against the engineer for an adverse report he gave against you. Even if the report of the engineer is proved wrong he can still not be proceeded against as he would claim it to be an error of judgment. An error of judgment is not punishable. You will have to prove his mala fides, which will be impossible.
2. The remedy for you is to file a suit to seek a declaration that the changes carried out by you do not cause any structural damage. The court can order a fresh a structural report from another engineer.
1) you can by letter addressed to sturctural enggineer forward copy of RCC plans , sturctural engineer certifcate and request him to give his opinion whether laterations made out by you amount to structiral alterations or not
2) in alternative file complaint against engineer with BmC
3)you have good case on merits
My Target is not the engineer rather it is the Society Secretary who in 2010 had mislead the AGM and put false charges against me. He managed to make the AGM agree to put a huge penalty in my maintenace bill. That is the real issue. At that time I did not have much evidence and courage to take him to court. That amount is still not paid by me. I pay my correct Maintenance amount though. There is no pending work as I proceeded despite the Secretary trying to stop me. I have sufficient data that can prove the malafides of the Corrput Engineer. I have my earlier engineers report that explains the procedure I would be carrying out. I had written to the corrupt Engineer on 20/12/2013 (via Registered post) that he has stated erroneously. I had enclosed my engineers letter too. Also this engineer bagged the building painting contract soon afterwards.
1) you can move cooperative court against the society to set aside penalty amount levied upon you by the false certifcate issued by structural engineer
2) however the delay of 6 years in moving court would go against you .
Sorry, I confused you'll with my previous question. Kindly ignore the 2010 matter. As per the advice you all have given me I will be following up thus: I will write to the engineer asking him to rectify his report with consideration of the RCC Plans acquired by me. If he fails I will proceed complaining to the various Govt. departments. If required I will seek a declaration from court to get a fresh report. Once I have nullified the report I want to take my building secretary to court on various charges and Kindly advice me on this aspect how I stand. 1) From 26/6/13 I started informing the secretary, through several letters, that I want to renovate my flat he finally acknowledged only on 28/8/13. 2) In my letter to secretary I had mentioned I will be taking advise from Structural Engg regarding the works. Structural Engg in his letter stated clearly that my western commode outlet originally ran through a RCC Beam, same was covered during my previous renovation and that I will be opening that again and that this action will not cause any damage to building. 3) No one was residing at my house when the work was being carried out. On 24/9/13 when the toilet outlet work was going on the secretary with few other members trespassed my house and forcefully pulled off the outlet pipe. He followed it up with a letter stating that I must stop the renovation work as I have made a big hole in the RCC Beam and harmed the building. 4) He appointed the corrupt structural engineer to report on my work but did not send any report for 2 months despite having received the report on 5/10/13 (which I got to know later on via RTI filed at BMC). During these 2 months I wrote several letters to him also one letter was sent by my lawyer to him. He insisted that I must wait until the report arrives. Finally I went ahead with the work and next day he send me the report dated 7/12/13. 5) An General Body Meeting was held to force me to break my work. I tried my best to explain. Finally I requested that they take the matter to BMC. 6) One day I noticed the Secretary has employed some workers and is damaging the work I had carried out from the outside of the building. I filed an FIR wherein he claimed that the BMC had asked him to do so. He could not verify this with any documents. Surely he was upto some mischief. 7) After this I approached the BMC and realised that the complaint was made and I showed them my side of the story with photographs etc. They understood I was not in the wrong and did not persue the matter. All the same in their records I am yet a wrong doer. 8) I later filed RTI at Building and Proposal Dept and got the original plans of the building and now I can fight back. Please let me know where I stand against the Secretary if I take him to court ? and what sections can be applied ?
first file complaint against structural engineer . once BMC takes action against engineer it would strengthen your case against the society
2) forward copy of the action taken by BMc against the engineer
3) kindly note that Secretary is authorised by law to inspect flat wherein work is being carried out
4) he can issue instructions to member to stop the work if structural alerations are being carried out
5) if structural engnerr appointewd by society has given report that you have done structural alerations then society is justified in imposing penalty on you
6) your remedy is to move cooperative court to set aside imposition of penalty by AGM as report of structural engineer appointed by society is flawed
7) you cnnaot take action against the secretary as decision of imposition of penalty is approved by AGM and action is taken on basis of structural engineer report
I have got reply recently directing me to concerned dept. I have not yet executed that. Instead I want to send letter to engineer to admit his mistake and rectify the error. Else he stands to lose his license if I proceed with the complaint. If the engineer ignores my letter and if I have to take him to court how does my case stand ?
Since you have been advised to by the BMC about further action in this regard on the basis of your complaint, you may proceed on the same lines.
Your proposed action to write to the engineer to accept his fault or else his license will be terminated shall pose a threat for which he may backfire with his own legal action.
Instead you can directly indulge in furthering the complaint against him with the authorities for his fraudulent/cheating activity.
You can file a case for damages agaisnt him for the losses you suffered due to his false report.
I have sufficient data that can prove the malafides of the Corrput Engineer. I have my earlier engineers report that explains the procedure I would be carrying out. I had written to the corrupt Engineer on 20/12/2013 (via Registered post) that he has stated erroneously. I had enclosed my engineers letter too. Also this engineer bagged the building painting contract soon afterwards.
If you have suffered losses due to the false report by this engineer, you may seek compensation from him by sending a legal demand notice for the same, failing to comply with the demand or a response you may drag him to the court seeking the relief.
If you have grievances against the management committee of the society, you may issue notice to them pointing out their injustice towards you in collusion with the corrupt engineer and instruct them to refrain from indulging in such activities in future as well as to compensate the monetary losses suffered by you due to their wrong decision and vengeful activities.
8) I later filed RTI at Building and Proposal Dept and got the original plans of the building and now I can fight back.
Please let me know where I stand against the Secretary if I take him to court ? and what sections can be applied ?
Though the secretary directly involved in this mischief against you, it appears he has done them in the capacity of his designation/post. No doubt this is a clear abuse of power/position.
You can directly issue a notice to him for his wrong doings agaisnt you during his tenure with an intention to sabotage your plan for modifying your building with minor rectifications without altering the structure of the building which not only caused you monetary losses but also great mental agony.
You can demand an apology, compensation for loss and assurance to not to indulge in such actions which may be detrimental to your peaceful occupation.
This may be followed with a case in the civil court seeking the said reliefs.
Thank You Mr. Kalaiselvan good advice. Dear Experts, Kindly check if I write below listed letter could it backfire or will it be safe ? I prefer going this shortcut route as Engg. may put pressure on Society to negotiate and settle the entire matter without all the procedures. All the same if there is slightest chance of problem I would rather take the long route. My letter: Sub: Your False and Fabricated Certificate dated 15/10/2013 Dear Sir, Without prejudice to rights and contentions of my reply dated 20/12/2013 addressed to you and without accepting the false allegations contained in your report dated 15/10/2013 addressed to the society with a copy endorsed to me and the MCGM in the matter of alleged structural damage to the beam now I have in my hands the authenticated documents and the RCC Plans in particular obtained by me through RTI which speaks and discloses the true and correct picture on the one hand and on the other hand falsifies and nullifies your observations and statements made with ulterior motive and malafide intention in collusion with vested interest in our society who was bent upon to take revenge against me and harass. In view of the documentary evidence received from the public authority such as MCGM through the Building and Proposal department and the respective ward I regret to place on record you have committed an offence of fabrication of documents with intent to make the concerned parties to accept the same and believe and to take action against the innocent person like me for no fault of mine. Taking into consideration the inconvenience and hardship caused to me disturbing my peace of mind in my day to day business activities I sincerely felt that the guilty should be punished to prevent him from repeating in future disturbing the innocent person. That in view by way of fair opportunity to you I herby call upon to rectify your report by explaining your reason how and why the false allegations crept in your report. You are also required to tender an unconditional apology and remedy the loss, inconvenience, agony, apathy, caused to me, which cannot be compensated otherwise. I hope that wise counsel shall prevail upon you and close the chapter by doing the needful at your end to avoid unpleasant action of prosecution in the criminal court and damages in the civil court at your risk and cost. The allegations put by you lower down my reputation before the right thinking residents of MySociety whereat I with my family reside for the last 17 years. Should you fail/neglect and refuse to comply with the requisition contained herein above, within 15 days I am afraid that the string of legal actions starting with complaints to the various departments listed below may harm your reputation in your professional career. Yours Sincerely Encl.: Approval letter from Ms.MyEngineer Photograph showing external section of my buildings toilet outlets. My toilets photograph taken in the year 2006. My neighbor’s letter with photographs of his flats original toilet. My current toilets photograph. RCC plans of the building obtained via RTI from BMC’s Building Proposal Department. Highlighted the ‘Inverted Beam - B2’ for your easy reference. Your Report sent to me by Secretary Your Certificate’s sent to BMC by Secretary Minutes of meeting showing selection of Your Company for Painting Project My Letter to Secretary objecting your selection for new repairs/painting contract. RTI documents of the complaint against me at XYZ ward Response to me from Municipal commissioner C.C. Senior Inspector of Police MIDC MCGM Building and Proposal Dept Municipal Commissioner (MCGM) MCGM Wadala (Structural License issuing department) PEATA India Deputy District Registrar Secretary/Chairman MySociety CHS
Don't use words false and fabricated certificate
2) request him to reconsider his report on basis of additional documents enclosed by you
The below mentioned portion of your letter contents of first paragraph is bit serous and may backfire or may not but if you do not want to take risk on this you may reconsider to remove the said contents:
"with ulterior motive and malafide intention in collusion with vested interest in our society who was bent upon to take revenge against me and harass"
Except the above the other aspects seems to be perfectly alright and you may proceed with the proposed communication/notice to the person accordingly.