Mumbai, June 27: The District Consumer Disputes Redressal Commission, Mumbai Suburban, has dismissed a consumer complaint filed by a Borivali resident against the secretary of his housing society over an unauthorised drainage connection allegedly carried out by one of the society's residents, which had allegedly caused water leakage and damage to the complainant's flat. The complaint was dismissed on the ground that the complainant had failed to prove the allegations against the alleged wrongdoer.
Mahesh Vasu, a resident of Shree Sagar Darshan Building No. 1 Cooperative Housing Society, had filed a case against the secretary of the society, Vinod Punamiya, over alleged inaction in addressing a water leakage problem.
Leakage Complaint Before Commission
According to Vasu's complaint, he alleged that the occupant of the flat directly above his had converted a bedroom into a kitchen and installed an unauthorised external drainage outlet and water inlet, resulting in severe leakage that damaged about 36 sq ft of his bathroom ceiling and caused plaster and concrete to fall.
He had sought directions to disconnect the alleged unauthorised connection, compensation for property damage, damages for mental agony and litigation costs.
Despite being served with notice, the opposite party failed to appear before the commission or file a written statement, and the matter proceeded ex parte.
Lack Of Evidence Cited
The commission held that the complainant qualified as a consumer of the cooperative housing society, relying on the society's special general meeting minutes that referred to him as a member involved in the dispute.
However, the commission found that Vasu failed to prove that the alleged structural alterations by the upstairs resident were unauthorised or that they were responsible for the leakage.
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It observed that while photographs showing damaged plaster and an external drainage line had been produced, no expert report or other cogent evidence was submitted to establish that the drainage outlet was unauthorised or that the alleged modifications had caused the damage.
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