Mumbai: observing that when leakage is external, it is the responsibility of the cooperative housing community to improve it, the court court punishes a community in Chembur and his chairman and secretary, directs them to pay a fine of each RS 10,000 to pay to ignore the request of the store owner to repair the damage for almost a decade.
The fines imposed are maximum under the law and the court said the leak must be repaired within two months, the failure they will face, Rebecca Samervel reported.
Atul Cooperative Housing Society, the chairman Arun Baghchi and Secretary Alok Sarkar were ordered below Mumbai Municipal Corporation acting based on complaints from Purnachandra Dasgupta, a resident who had 3 stores that faced heavy leak problems.
The court denied defense defense that because the defendant was not a residential community owner, they were not responsible for reducing leakage.
Court: Citizens cannot be made to run only to improve the Magistrate Loaks Court have punished and a discharge of housing society and the carrier of his office not to improve magnificent leaks despite complaints.
When defense argues that the office carrier is not a community owner, the court argues that the building is owned by the community.
“[A] The cooperative housing community formation, the office carrier becomes responsible for taking care of any problems related to the premise of its members.
It is known that if the leak comes from the internal side, it must be treated by the member itself.
However, if the leak comes from the external side, So they must be treated by the community, namely, the carrier of the office of the community, “said the Magistrat.
While the defense claims that the court can only pronounce sentences and only cooperative courts who have jurisdiction to provide direction to improve leaks, the judge’s court holding it does not determine the civil rights of the parties.
“Any legal object is to protect the rights of citizens and justice administration.
It cannot be justified that citizens must be run from forums to forums only to get basic reliefs, which are often related to needs.
Therefore, I did not find obstacles to provide direction about Leak reduction, “said the court.
The minimum amount prescribed by action is Rs 2,000 and maximum, Rs 10,000.
Imposing a maximum fine, the court reasoned: “Evidence of notes revealed that the shop owner faced this leakage problem since 2013-14.”