Ashish Shivaji Bandekar
1) Unauthorized construction of shading on terrace of 7- storeyed tower
2) Regarding collection of funds under major repairs
3) Negligence toward concealed pressure pipes leakage
4) Negligence towards leakages due to renovation work
I am residing at Valley Tower C- Wing CHSL, Chitalsar Manpada, Thane(W), have objection over unauthorized construction of shading on terrace of 7 – storey tower about to start from Monday, 13 April, 2015.
1) It creates problem for us of sunlight and fresh air and the open spaces are blocked due to shading work which is health hazardous.
The regarding application was given to the society before coming to you. Also it is informed to the DDR, Thane city.
The complaint is given to the Thane Municipal Commissioner also.Still the society unloaded the construction material of heavy iron bar, in the society premises.
When we take objection for it, they are not ready to stop the work.
For the last three to six years, they are putting their shading work issue in the meeting, but every time it was denied by the society. But this time they passed it in front of 5 to 6 members’ presence and send minutes accordingly.
We had taken objection over the work and on the following points. But they still stay firm on their decision. We asked them to take further AGM, but they are not ready.
2) Also the charges collected from us, are stated under major maintenance and repair works. As shading is a construction work and not major repairing, we have our objection towards it.
The charges for weather shading of private terraces are also collected from us. Also we are not liable to pay for private terraces. We have our objection against it.
3) The society is not interested towards the internal concealed pressure pipes leakages which causes major damages to the main beams of the building.
4) Also society is not interested towards the internal leakages caused due to renovation work of upper flats, the permission for renovation is given by society.
5) The effects of permanent shading will be :-
Effects of shading to be obeserved : –
1) Total blockage of direct sunlight in our homes causing serious health problems.
2) Pigeons, rats, lizards, cockroaches etc, use this covered area as breeding grounds.
3) Diseases likely to spread due to above birds and insects.
4) Duct shading may cause permanent damage and dampness to whole duct area giving invitation to health problem.
5) Duct area to be kept open by builder to free flow of fresh air. But the shading covered the entire place, making the duct area become damp permanently
6) According to Doctors, the diseases like swine flu does not spread if the sunlight is sufficient. But this shading work the total sunlight will be blocked inside the duct area which results in dampness giving invitation to such diseases.
With these points an e-mail is send to the Health department of Thane City.
I C Naik
You have initiated many preventive steps and they are bound to give results (barring corruption). But you can still pursue some more measures as under:
1.On shade on terrace a complaint to the Cooperative Court under Section 91 can be made as a dispute between the Members and the Committee. You can simultaneously make a complaint of deficient service to members which can be heard by Thane District Consumer Redressal Forum. In both cases you will have to take prior permission of the Dy Registrar that you are going to proceed against the Society before Cooperative Court, as it is so required under section 148(3) “No prosecution under this Act shall be lodged, except with the previous sanction of the Registrar.” If you have a majority member’s support file a writ in Bombay High Court against Muninipal Commissioner for not acting on your complaint. You can file a criminal complaint against Committee members for violating Munipal Regulations on modifications to building without prior approval as so required under Development Control Regulations.
2. If collection for major repair is not authorized by a General Body Resolution ?you need not pay. If Resolution was passed you can include in a dispute before Court.
3.Include in Dispute before Consumer Forum
4.Include in Dispute before Consumer Forum