• Civil Engineer gave false certificate against me

I renovated my house in Oct 2013 with NOC from Society and Letter from My Structural Engineer stating that the changes I am undertaking do not involve any Structural changes. During the work the Secretary (who is vengeful against me and is causing me harm) took the opportunity to harass me and stop my work by saying that I have done Structural damage. The society appointed a Structural engineer who gave in writing falsely that I have done structural damage. General Body Meeting was called to pin me down and I asked that BMC should decide. The complaint went to BMC and based on false report of engg the BMC also believed that the damage was carried out. I had no means to prove the Engg wrong then as I did not have RCC Plans of the building using which an ethical engineer can clear me out. I managed to procure thru RTI the RCC Plans last year. After that I have lodged complaint with BMC Commissioner to take action against the engineer. I have got reply recently directing me to concerned dept. I have not yet executed that. Instead I want to send letter to engineer to admit his mistake and rectify the error. Else he stands to lose his license if I proceed with the complaint. If the engineer ignores my letter and if I have to take him to court how does my case stand ?
Asked 19 days ago in Criminal Law from Mumbai, Maharashtra
Religion: Other
1. No one is going to admit his mistake. So you better forget this option.
2.I am not sure the present status of the constructions. If it is stopped then you have to lodge complaint with Registrar of Society to obtain such permission on the basis of documents in your favour.
3. You should get favourable order from the registrar itself. If not then you can file writ petition in the high court agaisnt such order.
4. From your post I find good merit in your favour.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
1. The engineer will never admit his guilt. Nobody does that. There is nothing you can do against the engineer for an adverse report he gave against you. Even if the report of the engineer is proved wrong he can still not be proceeded against as he would claim it to be an error of judgment. An error of judgment is not punishable. You will have to prove his mala fides, which will be impossible.

2. The remedy for you is to file a suit to seek a declaration that the changes carried out by you do not cause any structural damage. The court can order a fresh a structural report from another engineer. 
Ashish Davessar
Advocate, Jaipur
18171 Answers
449 Consultations
5.0 on 5.0
1) you can  by letter addressed to sturctural enggineer forward copy of RCC plans , sturctural engineer certifcate and request him to give his opinion whether laterations made out by you amount to structiral alterations or not 

2) in alternative file complaint against engineer with BmC 

3)you have good case on merits 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
1) you can  move cooperative court against the society to set aside penalty amount levied upon you by the false certifcate issued by structural engineer 

2) however the delay of 6 years in moving court would go against you . 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
first file complaint against structural engineer . once BMC takes action against engineer it would strengthen your case against the society

2) forward copy of the action taken by BMc against the engineer

3) kindly note that  Secretary is authorised by law to inspect flat wherein work is being carried out 

4) he can issue instructions to member to stop the work if structural alerations are being carried out 

5) if structural engnerr appointewd by society has given report that you have done structural alerations then society is justified in imposing penalty on you 

6) your remedy is to move cooperative court to set aside imposition of penalty by AGM as report of structural engineer appointed by society is flawed 

7) you cnnaot take action against the secretary as  decision of imposition of penalty is approved by AGM and action is taken on basis of structural engineer report 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
I have got reply recently directing me to concerned dept. I have not yet executed that. Instead I want to send letter to engineer to admit his mistake and rectify the error. Else he stands to lose his license if I proceed with the complaint. If the engineer ignores my letter and if I have to take him to court how does my case stand ?

Since you have been advised to by the BMC about further action in this regard on the basis of your complaint, you may proceed on the same lines.
Your proposed action to write to the engineer to accept his fault or else his license will be terminated shall pose a threat for which he may backfire with his own legal action. 
Instead you can directly indulge in furthering the complaint against him with the authorities for his fraudulent/cheating activity.
You can file a case for damages agaisnt him for the losses you suffered due to his false report.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
I have sufficient data that can prove the malafides of the Corrput Engineer. I have my earlier engineers report that explains the procedure I would be carrying out. I had written to the corrupt Engineer on 20/12/2013 (via Registered post) that he has stated erroneously. I had enclosed my engineers letter too. Also this engineer bagged the building painting contract soon afterwards.

If you have suffered losses due to the false report by this engineer, you may seek compensation from him by sending a legal demand notice for the same, failing to comply with the demand or a response you may drag him to the court seeking the relief. 

If you have grievances against the management committee of the society, you may issue notice to them pointing out their injustice towards you in collusion with the corrupt engineer and instruct them to refrain from indulging in such activities in future as well as to compensate the monetary losses suffered by you due to their wrong decision and vengeful activities. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
8) I later filed RTI at Building and Proposal Dept and got the original plans of the building and now I can fight back. 

Please let me know where I stand against the Secretary if I take him to court ? and what sections can be applied ?


Though the secretary directly involved in this mischief against you, it appears he has done them in the capacity of his designation/post.  No doubt this is a clear abuse of power/position.
You can directly issue a notice to him for his wrong doings agaisnt you during his tenure with an intention to sabotage your plan for modifying your building with minor rectifications without altering the structure of the building which not only caused you monetary losses but also great mental agony. 
You can demand an apology, compensation for loss  and assurance to not to indulge in such actions which may be detrimental to your peaceful occupation. 
This may be followed with a case in the civil court seeking the said reliefs.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Don't use words false and fabricated certificate 

2) request him to reconsider his report on basis of additional documents enclosed by you 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
The below mentioned portion of your letter contents of first paragraph is bit serous and may backfire or may not but if you do not want to take risk on this you may reconsider to remove the said contents:

"with ulterior motive and malafide intention in collusion with vested interest in our society who was bent upon to take revenge against me and harass"





Except the above the other aspects seems to be perfectly alright and you may proceed with the proposed communication/notice to the person accordingly. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18171 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
441 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0