17.09.

2022
To,
The Secretary
Mahavir Centre Premises Co-operative Society Limited
Sector 17, Vashi, Navi Mumbai.

Subject: Leakage in Shop No. 33, Mahavir Centre Premises Co-operative

Society Limited, plot No. 77, Sector 17, Vashi, Navi Mumbai.

Ref: [1] Letter to Society dated 12.03.2019.

[2] Letter to Society dated 13.06.2022.
[3] Letter to Society dated 21.07.2022.
[4] Letter to Assistant Commissioner, N.M.M.C. dated 21.07.2022.
[5] Letter to Assistant Commissioner, N.M.M.C. dated 26.08.2022.
[6] Letter to Society dated 14.09.2022.

Sir,

I am a registered member of your Society, occupying Office No. 13, on the 1 st

floor in the building of the Society at Sector 17, Vashi, Navi Mumbai.

1. As per your Letter dated 14.01.2019 you have complained to me regarding

leakage from the Washroom of my Office no. 13 on first floor into Shop No. 33 &
asked me to take immediate remedial action on it. In pursuance thereto, I
immediately got repaired my toilet and I informed you about the same by Letter
dated 12.03.2019.

2. Thereafter once again in your letter dated 06.10.2020 you mentioned about the
experiment you did with the issue of water leakage by shutting down the water
supply to my office for 38 hours and it was found that water dripping stopped
afterwards.

3. In accordance with your letter dated 02.01.2021 you again complained to me

regarding the same issue by saying before the leakage was stopped but now it
has started again. And requested me to look into the matter urgently, repair
leaking washroom lines, and solve leakage problems as soon as possible.

4. In accordance with your letter dated 07.03.2022 you again complained that
leakage was occurring from the flush tank of my first washroom which was
stopped but now it had started again and causing damage to the furniture of Mr.
Thakkar’s shop. And also instructed that if I continue to ignore the issue, Society
will get it repaired at its cost and the same will be added to my monthly
maintenance bill. And if leakage is not stopped then the shop owner Mr. Thakkar
may report the matter to NMMC for appropriate action.

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5. In accordance, you reply to the Joint Registrar of Societies (CIDCO) on
18.05.2022 by saying that the managing committee had been actively involved in
solving the issue, and society has been regularly requesting the members to
move in the matter and settle the issue with mutual understanding.
Notwithstanding, you said both the members are not taking proactive steps to
solve the matter. And also, you gave the reference of bye-Law No. 159 (b) which
says that “the expenditure for the internal leakage due to toilet, sink, etc. should
be borne by the concerned flat holder, with intimation to the Society” and also
attached repair work order & bills which were done by you.

6. I replied to your concern on 13.06.2022 that, as per discussions held in society

office when all managing committee members were present, managing
committee was required to appoint a consultant to check the source of leakage
but it was not done from your side. And I requested you to look into the matter
urgently as the leakage to shop no. 33 was happening from before I purchased
the said Office. As after purchasing the Office, I got the interior done and the
toilet was also redone, On the complaint received by you we have to repaired the
toilet three times but still there is constant leakage. It indicates that the leakage
may not be from our toilet. Around first week of June 2022 there was heavy
leakage in the shop no. 33 but our Office was closed at that time and this was
shown to Mr. Thakkar & Society’s Representative. Again, On 11 th June 2022,
there was a message from Mr. Thakkar that leakage suddenly increased but our
Office was closed at that period this also indicates that the leakage is not from
our Kitchen sink or toilet. And I requested you to look into the matter and
appoint a consultant to check the source of leakage at your earliest. But still
there was no response from your side.

7. Thereafter I received a letter dated 15.07.2022 from NMMC that, “due to

Unsanitary water leaking into the shop no. 33 it makes human habitation there
unfit and does not adhere to regulations”. There is a possibility that the health of
workers working in Shop no. 33 may be affected due to leakage of unsanitary
water. I have been ordered, under sections 296, 297, 298 and 299 of the
Maharashtra Municipal Corporation Act, 1949, to make the necessary repairs to
make the shop fit for human habitation and use, within 21 days. I replied to the
Assistant Commissioner, NMMC on 21.07.2022 that, there seems to be no
leakage from my office as per the complaints of society, I repaired the toilets
three times but still leakage persists. In one of the meetings between Committee
members of the society, it was decided that the society will appoint a consultant
to check the source of leakage but there was no action taken from their side. We
have requested Mr. Thakkar to remove the false ceiling to know the exact
location of the leakage in his shop. The same letter was sent to society as well.

8. Again, I dropped a letter to you on 21.07.2022 to convey that we have stopped

using the toilets and kitchen of our Office No.13 for a few days to check if the
leakage is from our office or somewhere else. And also requested Mr. Thakkar
remove his shop’s false ceiling to check the exact location of the leakage.
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9. On 24 August 2022, Mr. Thakkar again wrote a letter to Assistant Commissioner,
NMMC complaining that water leakage has been a problem at his shop since
2019 and that nobody has done anything about it since then. He also stated that
every shop/office owner has made unauthorized and illegal constructions on the
premises and construction of the building is done by tampering with the original
plan. And made false accusations that, I have constructed toilets, bathrooms, and
kitchen in my office by making unauthorized and illegal constructions by
modifying the original plan and due to that they are facing the water leakage
issue. Further they directed N.M.M.C. to send me notice to remove unauthorized
and illegal constructions and if the concerned do not remove the unauthorized
and illegal construction, it is necessary to evict them and recover the expenses
from the concerned and the society and such action has not been taken by
NMMC. Further requested that, NMMC should re-inspect the site and take
necessary action for eviction of unauthorized and illegal constructions.

10. On August 25, 2022, the Assistant Commissioner, N.M.M.C. sent me a letter
informing me that the complainant had reported that we had not yet repaired
the office properly and that I must make the necessary repairs within seven days
to make it habitable and usable. The letter also referred to illegal construction.

11. I subsequently replied to Assistant Commissioner, N.M.M.C. on 26.08.2022 that

we have stopped using the toilets and kitchen of our Office No. 13, and the tap of
the inlet water pipe to our office is also closed. We are using bottled water for
drinking purposes, but if still there is leakage to shop no. 33 it is likely that it is
not from my Office. I have requested the Society and Mr. Thakkar to appoint a
plumber to check the source of the leakage and get it rectified.

12. Again, I dropped a letter to you on 14.09.2022 that, we were not using the Office
since 21.07.2022 even then it was seen that there was leakage in shop no. 33
whenever it is raining. Hence it is clear that, there is no leakage from my office.
And I again requested you to check the source of leakage, as it may be from rain
pipes or terraces of adjoining Shops or maybe from the rear side of the
signboard of Shop no. 33. Around one week ago, the plumber was called since
then no inspection report was submitted after so many verbal reminders. I
requested you to submit the report immediately so that if there is any work to be
done to either the toilets or the pantry, I will do it at the earliest. Mr. Thakkar
replied that there was continuous leakage after that too.

13. Following your letter dated 15.09.2022 you stated that Mr. Thakkar has been
constantly lodging written complaints with society every 2,3 days. He is
informing you about his mental suffering and financial loss & due to it, he cannot
let out his shop on a rental basis because of continuous water leakage from the
ceiling. In a meeting held on 29.08.2022 between me, Mr. Thakkar & Managing
Committee members, I agreed that society should bring its plumber and inspect
the suspected areas for leakage of water and you also agreed that I had
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 confirmed I will bear the entire expenditure If leakage is found from my Office
and it is stopped. Accordingly, one plumber Mr. Amir Hussain visited on
30.08.2022 with society staff to my Office and he checked the washroom in my
presence. It was observed that, “1) old toilet commode was not fitted properly.
Flush water was leaking into concealed tiles. 2) New toilet Nail drop work was
not done properly, and retention water was leaking out somewhere 3) kitchen
Nali drop chamber was not properly sealed, there was a deep hole and water
was leaking out from there. The plumber said that few problems were found but
for complete checking, it is necessary to remove tiles and checked concealed
water supply lines and joints. he further said that, If he was allowed to do the
work then he will ensure the that entire work is done properly. There will not be
any leakage issue and he will a give guarantee for it” and Managing Committee
orders that I should redo waterproofing of both washrooms and kitchen and
ensure that water leakage is completely stopped.

14. I hereby permit the Committee to get the work done through their appointed
plumber and resolve all the issues as stated by him. I have always consented to
pay whatever expenses are involved. You may even turn off the tap of the inlet
water pipe to our Office for fifteen days and keep it locked with key being with
the Secretary to test the issue. I am also ready and willing to shift the toilet as
directed by the Society.

15. Kindly note that as a member of the Society I have consented to all the actions
that the Managing committee asked me to do. Shut the Inlet, stop usage of toilets
and pantry, Repair the toilet three times. Etc. Now also I am willing to bear the
entire expenses that the Society’s plumber or contractor may ask for repairing
the toilet. What else can a member do to resolve the issue. I am a senior citizen
and have been receiving complaints and letters from you since 2019 causing me
mental agony. Society's actions are causing me mental distress and are therefore
cruel and torturous. I hope this matter is solved as soon as possible, otherwise,
society will have to bear the consequences of mental harassment and further
damages if anything happens to me.

Thank you.
Yours truly,

(Rajesh
Chanda)