Monday, August 29, 2011

Disciplinary Action against Irresponsible Architect and Engineer

Generally no one accuse officers holding higher, reputed and honourable post or the person in-charge of any group like a construction team. All barrages are discharged on the low post officers, workers (contractors in field of construction). Only they have to face growling clatter if any misshapen occurs. Senior Engineers, Architects and every person on the administrating chair are kept away from the disciplinary action. With time everything changes, and so change the rules and regulation. Now Architects have to follow some rules, regulations and guidelines provided by the Council of Architecture, and if found any professional misconduct they are obligated for the disciplinary action. All these action assist Maharashtra State Consumer Disputes Redress Commission in the assessment and reconnaissance of a case filed against Architect Anil Jalgaonkar and structural engineer R.D Magdum by a Goregaon resident Ganesh Shinde who appoint and accredit them to set up and shape his mansion. And in June 2004, Mumbai Suburban Consumer Disputes Redressal Forum found Anil Jalgaonkar and R.D Magdum guilty of the charges put on by the complainant Ganesh Shinde. They are accused of unauthorised abyss and intruding neighbouring plot illegally. As penalty they are ordered to refund fees received from their client Ganesh Shinde and directed them along with contractor together to pay him Rs 60000 towards compensation and Rs 5000 towards cost of litigation.

Important facts:
This case came in light when Ganesh Shinde received a proclamation from Mhada which warn him regarding the unauthorised abyss and all the illegal activities going on his plot on April 7, 1998. It also state that the contractor is intruding and sticking his nose in neighbouring plots. Shinde requested contractor to fill the pit but contractor completed partial work and demanded additional payment. This made Shinde to move Mumbai Suburban Consumer Disputes Redressal Forum where he finally got justice and took his money back.

Mumbai Suburban Consumer Disputes Redress Forum investigates and observes that the two accused had never visited the site after their first visit. Following the rules regulation and guidelines of the Council of Architect, Commission come to know about the liabilities of architect and the disciplinary action they may have to face because of their professional misconduct. The Council of Architect at its 40th meeting provide guideline to the architects regarding their liabilities and the disciplinary action they may have to face in case of violation of any rule. Architects may come under such actions if they fail to meet the genuine required care and demands of the client and their construction sector; if the client had to face any damage because of their faulty duty and misconduct. Architects are also supposed to keep records of each detail, progress and activities held on the plot for minimum period of 4 years after issue of certificate of virtual completion.

Concluding Note:
According to Council of Architects, architects are bound to keep an eye on the contractor’s work and observe whether they are performing genuinely as per the sanction plan or not. Anil Jalgaonkar and R.D Magdum are found violating all these rules and hence face the consequences of their professional misconduct.


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