Delhi District Court
The Facts In Brief Are That vs Mr. J.C. Sehdev Etc on 6 September, 2016
IN THE COURT OF SH. ROHIT GULIA, LD. MM01, DWARKA COURTS, DELHI
CC No.: 03/01/16
Charumati Sharma V. Mr. J.C. Sehdev etc.
06.09.2016
ORDER
1. The facts in brief are that, complainant is a female of aged about 59 years and resides at the ground floor of flat no. 593 which is a multi story complex. Flat no. 594 is first floor and flat no. 595 is second floor flat above the flat of the complainant. It has been alleged that respondents have deliberately conspired to continuously cause wet walls, leaking drains, growth of weeds and plants on the walls, ceiling and leaking drains. That defendant no. 1 deliberately scorns and damages all repair work that has been attempted by the plaintiff, by deliberate leakage and continued use of toilet and drains and by not allowing any time for drying of repair sealing leaks. It has been further alleged that defendants no. 1 and 2 are deliberately leaking dirty toilet water on the head of the plaintiff and the labours recruited by the plaintiff to remove the weeds growing on leaking drains and repair of leaking joints. That the defendants are deliberately interfering with water supply and causing wreckage of property by desertion of their own leaking. The defendants are deliberately interfering with water supply to flat no. 593 to deny maintenance work necessary and to prevent necessary cleaning and maintenance work and threatening the fundamental rights of complainant.
2. In presummoning evidence, complainant has examined herself as CW1 and deposed that she had been residing in this flat for the last 16 years. Since 2010, she was facing problems of leakage from top floor bathrooms, Mr J C Sehdev refused to fix the leaking which can be repaired within his bathroom. 34 time she had repaired but every time he again broke it. During this time peepal trees, weeds have grown on the walls causing damage to plaster and bricks and ceiling. Complaints have been made to local police, DDA office and MCD office to assist to having this leakage repaired and the weeds and trees on the ceiling be get removed. Both MCD and the police have been involved but their help has been found to cause further damage to the wall and breed parasites. Twice she had taken the matter to court attempted to first time in 2010 when the was struggling from my life from an injury and she did not pursue for it was further strain in health. Second time in 2014, when she withdrew the case to give prior notice to Delhi Govt. and study their response. Since the accused had been given legal notice time and again of deliberately causing public nuisance so negligence of essential duties and responsibilities of a citizen and State department. That on the last time, she had submitted photographs of damage to drainage pipe, growth on wall, leakage of sewerages, damage from ceiling and alteration of water pipes, parking of vehicles over the main hole in front of the flat. Since that date, there has been continuous down pour of leakages over the sewerage main hole for 8 flats. The cover of the sewerage main hole are likely to fall, blocking sewerage disposal for all flats and creating a danger for open main hole on wet and soggy surroundings (because of continuous leakages and over flows). Causing a threat to life for anybody can slip and fall into the main hole. She had suffered with sprain ankle because of slip and fall in that area before she came into court. She had gone to the hospital for 3 weeks for the same treatment and medical report is attached.
3. Arguments heard. Record perused carefully.
4. After going through the entire material and considering the evidence on record, this Court is of considered view that there is sufficient material to summon the accused persons u/s 397 r/w 461 DMC Act, 1957 and Section 427/432 IPC. Accused persons be summoned for next date.
Announced in the open court today i.e. on 06.09.2016.
(ROHIT GULIA) MM01,SouthWest, Dwarka Courts, Delhi CC No.: 03/01/16 Charumati Sharma V. Mr. J.C. Sehdev etc. 06.09.2016 Present: Complainant with counsel.
Vide separate order, announced in the open court, accused persons be summoned u/s 397 r/w 461 DMC Act, 1957 and Section 427/432 IPC for next date on filing of PF.
Put up on 13.10.2016.
(ROHIT GULIA) MM01,SouthWest, Dwarka Courts, Delhi