In a recent case, the 62-year-old secretary of Sewree's Lodha Aria Co-op Housing Society was acquitted by the magistrate's court due to the Brihanmumbai Municipal Corporation's (BMC) inability to prove allegations. The BMC accused the secretary of not properly maintaining a swimming pool on the building's terrace, resulting in leakage in the apartment below. The complainant lacked expert evidence or relevant documents to trace the leakage's origin. The court's judgment highlighted crucial points: no approved layout plan proving the pool's existence, and no society bylaws indicating liability for internal leakage. The absence of substantial evidence led to the secretary's acquittal.
In a recent development, a 62-year-old secretary of the Sewree-based Lodha Aria Co-op Housing Society was acquitted by the magistrate's court due to the failure of the complainant, the Brihanmumbai Municipal Corporation (BMC), to substantiate allegations that the swimming pool on the building's terrace was not adequately maintained, leading to substantial leakage in the apartment situated below.
The acquittal followed a complaint filed by Geeta Trivedi, a resident and member of the society, who had raised concerns about persistent leakage stemming from the open terrace housing the swimming pool. Trivedi claimed that the leakage had adversely affected the electricity supply to her flat and had resulted in a short circuit. However, the magistrate's court noted that the complainant had not presented expert evidence or relevant documents to ascertain the origin of the leakage.
The court's eight-page judgment highlighted crucial points that contributed to the acquittal. Notably, the absence of an approved plan of the society's layout to validate the existence of the alleged swimming pool on the terrace, and the non-production of the society's bylaws or other documents demonstrating the society's liability to address internal leakage issues, were emphasized as key factors.
Rajesh Raheja, the secretary of the society, was named as the accused in the case. The BMC's submission detailed a timeline of events, including inspections conducted by junior engineers and repeated notices issued to the society to rectify the leakage issue. The society's response, indicating civil repairs were carried out to address the leakage, was also documented.
Geeta Trivedi, the complainant, testified in court, highlighting the disruption caused by the leakage to her electricity supply and the occurrence of a short circuit. However, the court pointed out that Trivedi failed to provide photographic evidence to corroborate her claims.
The court's decision to acquit the accused was rooted in the lack of substantial evidence presented by the BMC and the complainant. The judgment emphasized the importance of establishing a clear connection between the alleged negligence in maintaining the swimming pool and the resulting leakage.
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