Gaur & Associates (Advocates & Solicitors)
Arun Gaur Gurgaon Office:
Advocate Chamber Nos.117-118
Block-B, Lawyer’s Chambers
Distt. Courts, Gurgaon
Mob: [protected]
Ref.No: AG/41/2018 email:[protected]@rediffmail.com Date: 17.07.2018
REGISTERED/SPEED POST/BY HAND
The Municipal Commissioner, C-1, Info City
Municipal Corporation, Sector 34, Gurugram
SUBJECT: LEGAL NOTICE AGAINST MARKED RECKLESSNESS OF THE MUNICIPAL CORPORATION AND DELIBERATELY NEGLECTING TO MEND THE DEFECTIVE SEWER LINE CAUSING IRREPARABLE LOSS AND INJURY TO THE PROPERTY BESIDES LIKELY TO CAUSE GRAVE RISK TO LIFE AND PROPERTY: GANGA APARTMENTS, OPPOSITE HARYANA ROADWAYS WORKSHOP, SHEETLA MATA ROAD, GURGAON
Dear Sir,
Under the instructions and on behalf of my clients Mr. Randhir Singh Kamboj, President and also R/O Ganga Apartments, Opposite Haryana Roadways Workshop, Sheetla Mata Road, Gurgaon and Mr. Tilak Raj Arora Owner in possession of the basement of the above referred Ganga Apartments and R/O 1603, Sector 4, Gurgaon (hereinafter referred to as my client(s)), I do hereby serve upon you the following legal notice:
1.That the present legal notice is being issued in continuation to the earlier legal notice dated 02.01.2017 preceded by and also followed by various written representations and also repeated telephonic complaints and requests made to the various officials of your Corporation but all in vain. The said requests and pleadings have been made by my clients referred supra and also the other residents of Ganga Apartments including the on line complaints of 02.01.2017 bearing Nos.[protected] &[protected] about the continued seepage of effluent filth and waste water from the defective Manhole/sewer line meant for draining out the waste and excretion of the inhabitants of the Prem Nagar colony, Opposite Ajit Cinema, Gurugram located adjoining the rear side of the above referred building i.e. Ganga Apartments. (Copies of the earlier legal notice dated -02.01.2017 and also the print out of on line registration of earlier complaints on different dates are annexed hereto for ready reference please). But the concerned officials have little concern to set right the evil hazard and are rather more interested in making easy money every time they are called to attend the problem of seepage resulting in collection of the filth and regular stinking seepage from the sewer line throughout the year. That as there has been no respite from the hell being faced by the residents and the owners of the building, yet another complaint on 16.07.2018 has been lodged and which has been acknowledged as “Request Number:[protected] stating…your request has been forwarded to the following officers: Assistant Engineer: [protected]”. There has been virtually no action to cure the inherent defect and to prevent the continued seepage and nuisance and the same kind of ploy to side track the complaint has been adopted, as has been continued to be done even earlier.
2. You will kindly appreciate that the same is not only causing public nuisance as the stink emanating from the said seepage of waste and effluents is beyond tolerance and has made the life of the inhabitants miserable but is also hazardous to life and property including rampant mosquito breeding, weakening the base of the building and due to which the entire building may cave in to cause irreparable loss of life and property.
3. That having been left with no other option, my clients (who have already incurred huge amounts for cleaning and draining/pumping out the filth, waste and hazardous effluents from time to time) have already suffered loss to the tune of over several lacs due to weakening of the base and structure of the entire building, have approached the undersigned to take legal recourse in the matter to recover the damages and also to recover amounts required to e infused for carrying out the necessary repairs and hence this notice.
4. You are accordingly, hereby finally called upon through this legal notice to take immediate steps to get the sewer/septic tank repaired/replaced/replace of the sewer line and to take further steps including every day regular pumping out of the waste/effluents to be drained into another sewer till such time a permanent solution is not reached. Please note that in the event of failure to provide the desired remedy immediately, I have tacit instructions from my clients to initiate appropriate legal action (both criminal as well as civil) before the concerned authority/court of competent jurisdiction. In such eventuality, you shall be not only be personally liable for the criminal consequences but also to all such damages which my client(s) have been constrained to spend/incur due to the lac lustre approach of your agents/employees and also to such hidden losses to the building/structure, which my clients are in the process of obtaining specific estimates by hiring the services of expert/engineer/architect.
A copy of this legal notice has been retained in my office record and likewise, you are also advised to keep the original of the same intact for being produced before the court of competent jurisdiction in case there arises a need for the same.
Yours Sincerely,
Arun Gaur (Advocate)
Please look the issue and repair immediately.
Thanks
Santosh Singh
H.No. 1068 Sec 10A Gurgaon
H.R
Mo. [protected]/ [protected]