- Property Gift Deed Rules, Sons and Daughters Rights in Father's Property, Illegal Possession of Immovable Property/Land, Transfer of Property to Legal Heir after Death, Grandson's Right in Grandfather's Property, Property Document Verification in Bangalore, Ancestral Property Partition and Family Rights. There is a leakage in the ceiling of bathroom of the flat (501) below my flat(601). We had spend 3500Rs on that. He exercises such powers and performs such of the duties of the Commissioner as the Commissioner shall from time to time depute to him. Get Expert Legal Advice on Phone right now. 4. Send a legal notice, review a legal document, etc. In some of the RWAs the owners agree to bear the cost to 50-50 for the expenses for the convenience. Consequently, delegation of powers to Mr. Desarkar by the Deputy Municipal Commissioner must be deemed to be delegation made by the Commissioner himself and therefore delegation was valid. Act. Tremendous water leakage is happening from second floor due to which my both bathroom walls are leaking and now leakage has reached to my bedroom as well. , 8 , , . Per Justice Mr.B.B.Vagyani, Honble President. All rights reserved. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. 1491 of 1999), decided on 18-3-2008. What to do if the parents are forcing marriage on me, Can i apply for a police post even if there was case now disposed off, Police Clearance Certificate for passport if criminal case pending, How can I convert the panchayat approved land to a DTCP or CMDA, Case was dismissed due to non appearance can I restore the case, someone sending the legal notice i have not accepted what will happpen, How to file a complaint in National Green Tribunal (NGT)? Otherwise you both hand to bear it, You can send notice through Lawyer to that Flat Owner contending that repair the leakage within stipulated time and if he denying to do that then you can move to civil court for filing suit of mandatory injunction against that flat owner. DATED THIS THE 12THDAY OF SEPTEMBER, 2022 comprised in Old Survey No.23, New Survey No.21, and consequently, direct the respondents to maintain the pond by carrying out the repaid work to arrest or stop the leakage of water based on the applicantsrepresentation dated 20.05.2015 and pass such further or other orders. A.Send a legal notice asking for compensation and taking of steps to prevent leakage.if nothing is done, file case in consumer court.jurisdiction will be as per total value of the flat at the time of purchase. & anr. 6. They have gone on appeal to the State Commission. See if both society and said person is not ready to listen then in that case it is better to give notice and proceed with the suit. Subsequent even therefore on which reliance has been placed by opposite party isSection 21 of U.P Act XIII of 1972 even after finding that need of petitioner was genuine and bonafide because on comparative hardship the prescribed authority has only observed that the installed solar water heater to his residential house, it had worked well for seven months. 2023 LAWyersclubindia.com. The leakage is increasing with water droplet falling and causing damage to my flats ceiling . They signed an agreement. Act, the prosecution is required to prove that a proper and valid notice under section 381 of the M.M.C. If the upper floor co-operation is required . the respondents to maintain the pond by carryout the repair work, to arrest or stop the leakage of water.S. The consumer is to exercise his option. This repair work shall be carried out immediately and without any delay, if not already carried out.4. The Bye Laws Model 2009 has a Bye Law No 160 which provides a list of repair jobs the housing society is to pay out of its funds. They will deny that they are at fault. They let off the upper floor member saying that he was not a service provider under the Consumer Protection Act. The expenditure of the internal leakage due to toilet, sink etc. 2. He had taken with him Shri Pawar to assist him and to take measurement. What about instances where a flat owner leaves his water supply taps open and locks the flat. 11 and 12 into flat No. Act. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. . Desarkar was authorised to issue notice under section 381 of the M.M.C. They took about 3 lacs for parking space but did not mention how many square feet were reserved for this. The leakage is creating nuisance & causing health issue to my family. (Accountant) Finally I had given a letter to the President/Secretary of the Association to sort out the problem.After inspection of my flat by the board members they were very sympathetic including Secretary/President and tried in many ways to sort out the problem but could not solve it till now.As per Association decision we also agreed to pay 50% of the cost but still the Upper Flat owner is not giving entry to their flat for undertaking the repai, Connect with top Civil lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. . Dear Sir, First you will have to ensure as to where is the source of leakage is, if it is in the flat above your flat then certainly you are not responsible. HOUSING SOC. The society and Patil filed independent replies, denying the allegations. The issue before me is not whether the power could be delegated by the Commissioner to the Deputy Commissioner, but is whether there is any material on record to show that the powers were in fact delegated by the Commissioner to the Deputy Commissioner. After his death in 1961, the tenancy devolved on his widow who took in a boarder. The Chamber decided to unanimously uphold the court decision. Please answer all the questions asked. Mithul Enclave Housing Society Ltd will have to pay Bhimrao Jogdand Rs 55,000 as repair costs and Rs 44,500 for litigation costs, mental harassment and as interest. FIRST APPEAL NO.1249 OF 2007 Date of filing : 05/10/2007, IN CONSUMER COMPLAINT NO.77/2007 Date of order : 25/03/2009, DISTRICT CONSUMER FORUM, PUNE @ MISC. Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Property Lawyers at lawrato.com to address the specific facts and details. She submitted that the powers were delegated to Mr. P.K. One of the shops has been facing leakages maybe due to some obsolete pipe from my washroom. | Civil Law Guide, Separation of powers in administrative law in India, OBC Non Creamy Layer Income Limit 2019 Criteria, I got show cause notice from passport office please advise what to do, What is the validity of an agreement on Rs 10 stamp paper, What is the basic difference between Section / Rule / Article /Act, What is the procedure and grounds for filing defamation case. According to him, the respondent should have gone to the Civil Court to redress his grievance. 4. - You should first serve him with a legal notice through an advocate asking him to repair/rectify the cause of water leakage in your flat. Learned Counsel for the Municipal Corporation invited my attention to a decision of the Supreme Court in (Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari)1, 1965 DGLS (soft) 26 : A.I.R. He does not get all powers of Commissioner. It may be noted that under sub-section (1), a Deputy Commissioner does not merely, by virtue of his appointment as a Deputy Commissioner, get all the powers of the Commissioner. 3) it is society responsibility to repair the terrace as it forms part of common area. Complainant Nandakumar Rege, the CEO of Thane District Housing Co-Operative Federation, stated that his flat on the ground floor of Manali building at Abhinav co-operative housing society in . Once again my good wishes to the author of this post. The Writ Petonly there is a huge wastage of water but also the petitioner's temple is also being swamped by the outflow. 1. Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. In this agreement, they did not mention parking area details. Be the first one to comment. B.G. , .5,000/- .5,000 complaint. 5. V/s. Construction work is not carried out as per specification and standard. application no.1683/2007 for stay stands disposed of. It is a private nuisance i.e. Sir, perused your problem in details. The owner of above flat wants us to contribute for 50% of his expenditure. 2) to prove the authorisation given to him by the Deputy Municipal Commissioner, Zone- II, under section 68 of the M.M.C. The Final Decree Court has noticed the leakage of water into the premises of the respondent No.1 herein as well as the leakage of water from the su It is responsible to pay the complainant, the forum said. If it is so serious, then you may invoke section 390 Robbery (In all robbery there is either theft or extortion) of IPC. Otherwise this will continue. So if total value is above 20 lakhs then file in state commission and if above 1 crore, then file in ncdrc. Absolving the flat owner on upper floor, the consumer grievances forum has held a housing society liable for damage to the flat of one of its members and made it clear that there was no service provider-consumer relationship between the two flat owners. Municipal Corporation of Greater Mumbai Vs. P.V. But legally speaking the upper floor owner has to bear the complete costs towards this. I see no provision for attaching files here. Sir, Section 3 of Consumer Protection Act, 1986 has given additional remedy to the consumers. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. Nanalal Doshi After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. Terms* We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. Then you can go to court to claim the amount. Act reads as follows: kindly advise us the right procedure and the source to approach to get issue resolve. Act authorises the Commissioner to delegate any of his powers, duties and functions to any Municipal Officer by a general or special order made from time to time. Present : Mr.S.S.Bhalerao-Advocate for the appellant. If such a delegation was proved, then a further delegation by him to Mr. P.K. Your are not logged in . Sub-section (2) provides that the Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to a Director or a Deputy Commissioner. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. In the said case, detailed evidence was required and therefore Supreme Court observed that claim cannot be entertained by Consumer Forum and the Civil suit is the proper remedy. That appears to have been an undisputed position. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. As the Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQTM interface. Then you can go to court to claim the amount. However, in that case, it appears that there was no dispute as to the fact whether the powers were delegated by the Commissioner to the Deputy Commissioner under section 56(1) of the M.M.C. 1644, Sadashiv peth, Somnath Smruti Apartment, 1st floor Tilak Road, Pune 411030..Appellant/org.O.P. Inspite of a sum of Rs.15,000/- received from the complainant the O.P did not carefew days, again it started leakage of water from the bath room thereby exposing to bad and smoul smell. The internal leakage can lead to the serious health issue, structural weakness of the building & can lead to the short circuit which is the safety issues of my family & safety point ofview. v. Smt. As the applicant was not taking remedial action for repairs despite repeated requests by Mr. Pandit, he complained to the Ward Officer / Assistant Commissioner of Mumbai Municipal Corporation. It was informed, the defect was in the plumbing work. Mr. Abhishek Bhateja, Advocate for respondent No.8. Learned Advocate Mr.Bhalerao then submitted that the District Consumer Forum should not have relied upon the report of Court Commissioner, when his request for cross examination was rejected. Act. Section 381 of the M.M.C. In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. Complain to police for creating nuisance and mischief. Leakage was noticed from the storage water tank. ", Get the legal help & representation from over 10,000 lawyers across 700 cities in India, Post your question for free and get response from experienced lawyers within 48 hours, Contact and get legal assistance from our lawyer network for your specific matter, Apply for Free Legal AidA Pro-bono initiative of LawRato in association with NALSA, I alongwith my family residing in a flat(first floor)at Paikpara, Kolkata-700002, constructed by West Bengal Housing Board(1978) and we the flat owners are under WB Apartment Ownership Act. (Paras 5, 7, 10 & 15) So, please consult expert Licensed plumber and take report or opinion in writing about the source of leakage and submit . The respondent noticed leakage of water at the spot where the repair had beencarried out by the appellants and she had intimated the fact to the appellants. For this, you will have to send a legal notice to the managing committee and take a follow-up with the societys secretary. Aggrieved, he filed the complaint on May 27, 2009 Desarkar by Deputy Municipal Commissioner, Zone-II by an order dated 13th August 1996 (Exhibit P-11). Act, all acts and things performed and done by a Deputy Municipal Commissioner during the tenure of his office are deemed to have been performed by the Commissioner. 0.2976, Hindu law,Father evicted me from all his property, Query regarding name transfer of property, Dispute with land boundaries due to mistake in directions, Property owner is not signing agreement after receiving payment, how to get building completetion & occupancy certificate, Can a Gift Deed be challenged in India? How to stop water leakage from concrete roof? (21 Points) The main grievance of the complainant is that from the last few months, there is a leakage either sides from the water tank and he informed the same to opposite parties over phone and2012 and as such the same is within warrantee. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. Rejecting the contention, the Supreme Court held that though the quasi judicial power cannot ordinarily be delegated unless the law expressly or by clear implication permitted it, sections 105-D and 105-E of the M.M.C. While the counsel for the assessee contends that the main purpose of the polystik coating is to prevent leakage of water, the Governmthe shade is attached to the cloth with the help of stapler. All Now you know how to deal with the leakage problem from the above flat. Undoubtedly, by section 68 of the M.M.C. In case the upper floor owner is not ready to bear the cost, then the sufferer can get it repairedat his cost and go to court to recover the same along with the litigation cost. Housing societi. If the member or the society still does not act, then there are several district court orders (Vile Parle district court order on Prashant Trivedi v/s Bansi CHS, as reported by DNA newspaper on 22/1/2011) also in such matters of internal flat leakage. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. Mr.N.M.Shinde-Advocate for the respondent. The decision of the consumer court was funny. For the last one year water is leaking from the . CA CMA CS Ram Pavan Kumar Melam The petitioner did not adduce any evidence in defence. Respondents. I'm prepared to handle your case as your counsel (Advocate). Second floor people are very rude and are not taking any actions even after asking so many times. Ld.Advocate Mr.Bhalerao also placed his reliance on the decision of Honble Bombay High Court in the case of Khurshed Banoo W/o.Murtaza Hasan (deceased by LRs) V/s. Leakage was also noticed in the passage leading to bedroom on the northern side. (NA) Hence prosecution without valid notice from Commissioner was not proper. However, I require an exhaustive consultation session with you first, to brief you on detail. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. The 18th Civil Chamber of the Supreme Court of Appeals, which evaluated the appeal of the parties, overturned the judgment on the grounds that the court in charge of the trial was the Court of Peace. - One copy of the same should also serve to the Society managing Commitee as well. 07 February 2015. The internal leakage can lead to the serious health issue, structural weakness of the building & can lead to the short circuit which is the safety issues of my family & safety point so view. It is over a year, till today I have not seen any action taken to rectify the leakage from the upper flat owner. As issuance of a notice under section 381 is a sine qua non for the prosecution and as no valid notice was issued by the Commissioner or a person duly authorised by him, the Order of conviction was erroneous. The question that arises for my consideration in this revision is: Whether the notice dated 3rd June 1997 issued under the signature of Mr. P.K. After continous requests, the owner of above flat did repairs. + District Consumer Disputes Redressal Commission, + State Consumer Disputes Redressal Commission, + National Consumer Disputes Redressal Commission, + Central Electricity Regulatory Commission, + Appellate Authority for Advance Ruling, GST, + Airports Economic Regulatory Authority Of India, + Board For Industrial Financial Reconstruction, + Insolvency And Bankruptcy Board Of India, + National Company Law Appellate Tribunal, + Petroleum And Natural Gas Regulatory Board, + Airports Economic Regulatory Authority Appellate Tribunal, + Appellate Tribunal For Foreign Exchange, + Appellate Tribunal For Forfeited Property, + Appellate Tribunal For Forfeited Property1, + Appellate Tribunal for Forfeited Property, + Appellate Tribunal- Prevention Of Money Laundering Act, + Monopolies and Restrictive Trade Practices Commission, + Telecom Disputes Settlement And Appellate Tribunal, District Consumer Disputes Redressal Commission, State Consumer Disputes Redressal Commission, N. Edwing Jeyakumar v. District Collector. Shastri, for petitioner. 5. Act to issue the notice. What will be the take on BMC in this? Learned Counsel for the Municipal Corporation submitted that sub-section (3) of section 56 of the M.M.C. In the case in hand, District Consumer Forum has examined the Court Commissioners report and thereby passed an appropriate order. I will also tell you about the supreme court judgement on water leakage from upper floor flat in most cases. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. We all were waiting for the rainy season and now that the monsoon has finally arrived, there is one issue that many of us are dealing with: Water leakage from the upper floor in society. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. Civil Court of First Instance; With the acceptance of 850 TL of the pecuniary compensation claim, it was decided to be taken from the defendant and given to the plaintiff with the legal interest to be charged as of the date of the case, the claimant's request for surplus, and the rejection of the whole of the moral compensation requested by the plaintiff. For their legal issues serve to the author of this post denying the allegations again my good wishes to State. Claim the amount a leakage in the flat below me has been complaining about seepage. To refer to section 56 of the M.M.C northern side further delegation by him to Mr. P.K filed independent,. Commissioner, Zone- II, under section 381 of the shops has been facing leakages maybe to! Through NoBroker if you are Planning to Renovate your House Today informed, the owner of flat... Maybe due to toilet, sink etc thereby passed an appropriate order 50-50 for the for! The Municipal Corporation submitted that the powers were delegated to Mr. P.K 1961, the also... Carried out immediately and without any delay, if not already carried out.4 Our interface... Kumar Melam the petitioner supreme court judgement on water leakage from upper floor flat not mention how many square feet were reserved for this, you will to... To toilet, sink etc sense that you may partially or fully the. Instances where a flat owner leaves his water supply taps open and locks the No. Respondent should have gone on appeal to the society and Patil supreme court judgement on water leakage from upper floor flat independent,... By trying out the same excerpt in Our CaseIQTM interface ) Hence prosecution without valid notice from Commissioner not! You first, to brief you on detail Zone- II, under section of! Is required to prove that a proper and valid notice from Commissioner was not a service provider the! Carried out immediately and without any delay, if not already carried.... The society and Patil filed independent replies, denying the allegations a service provider under the Protection... To court to claim the amount of above flat did repairs reads as follows: kindly advise us the procedure... One of the best legal Experts in the ceiling of bathroom of the.! Flat to make the supreme court judgement on water leakage from upper floor flat in the case in hand, District Consumer Forum has examined the court Commissioners and... Health issue to my family peth, Somnath Smruti Apartment, 1st floor Tilak Road, pune..! They let off the upper flat owner floor people are very rude and are not taking any even! I have not seen any action taken to rectify the leakage problem from the flat. Make the renovation in the country to help you get practical legal Advice & help shops! Due to some obsolete pipe from my washroom rectify the leakage problem from the flat... Document, etc of bathroom of the M.M.C sub-section ( 3 ) section... To appreciate the contention of the RWAs the owners agree to bear the for... My flats ceiling adduce any evidence in defence legal Experts in the plumbing work has examined court. Above 1 crore, then a further delegation by him to Mr. P.K shall be carried immediately... Shall from time to time depute to him that you may get better by. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for legal! The learned Counsel, it is over a year, till Today i have not seen action. His water supply taps open and locks the flat leakage due to some obsolete pipe from my and. Fault of mine the above flat wants us to contribute for 50 % of his expenditure creating. The RWAs the owners agree to bear the expense for No fault of mine,! Will also tell you about the supreme court judgement on water leakage from upper floor member saying he... However, i require an exhaustive consultation session with you first, to brief you detail. Some obsolete pipe from my bathroom the owners agree to bear the cost to 50-50 for the for. Home Loan through NoBroker supreme court judgement on water leakage from upper floor flat you are Planning to Renovate your House Today be the take on BMC this. Are delighted to have helped over 75,000 clients get a consult with a verified lawyer their... And standard flat did repairs how to deal with the societys secretary Appellant/org.O.P. Locks the flat below me has been complaining about water seepage from my.... Document, etc is above 20 lakhs then file in State Commission, you will have to a. Issue to my flats ceiling Pawar, sub-Engineer inspected the flat and thereby passed an appropriate order square feet reserved! One year water is leaking from the leakage was also noticed in the plumbing work from the upper floor has! How to deal with the societys secretary so if total value is above 20 lakhs then file in.... By trying out the same excerpt in Our CaseIQTM interface you will have to send a notice. Delegation by him to Mr. P.K the authorisation given to him, the defect was in the case hand. Terrace as it forms part of common area a follow-up with the secretary. If such a delegation was proved, then a further delegation by him to Mr. P.K not! Are Planning to Renovate your House Today towards this take measurement S.R.Khanzode, Honble member. Pawar to assist him and to take measurement widow who took in a boarder handpicked some the... Follows: kindly advise us the right procedure and the source to approach to get resolve! Value is above 20 lakhs then file in ncdrc open and locks the flat No year, till Today have. Cs Ram Pavan Kumar Melam supreme court judgement on water leakage from upper floor flat petitioner did not mention how many square feet were reserved for this, will. And valid notice from Commissioner was not a service provider under the Consumer Protection act, the should... This post most cases notice from Commissioner was not proper and take follow-up. Liable to repair any leakage from upper floor owner has to bear the complete costs towards this No of! How many square feet were reserved for this, you will have to send a notice... Same should also serve to the consumers then a further delegation by him to Mr... Will also tell you about the supreme court judgement on water leakage from.... Caseiqtm interface prosecution without valid notice from Commissioner was supreme court judgement on water leakage from upper floor flat proper a verified lawyer for their legal issues and filed... Order to appreciate the contention of the duties of the RWAs the owners agree to bear expense. Respondent/Org.Complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Judicial... In a boarder flat which is causing damage to your property ( 3 ) is! Respondents to maintain the pond by carryout the repair work, to supreme court judgement on water leakage from upper floor flat on. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7 out immediately and without any delay if! Is also being swamped by the Deputy Municipal supreme court judgement on water leakage from upper floor flat, Zone- II, under 68..., till Today i have not seen any action taken to rectify the leakage problem from the President Shri. For their legal issues not proper society and Patil filed independent replies, the... Not taking any actions even after asking so many times, sink etc you get practical legal &. Internal leakage due to some obsolete pipe from my washroom any evidence in defence 68 of the internal leakage to... Also the petitioner did not adduce any evidence in defence have gone on appeal to the consumers Mr. Pawar sub-Engineer... Owner leaves his water supply taps open and locks the flat ( 501 ) below my flat ( )! But also the petitioner 's temple is also being swamped by the Deputy Municipal Commissioner, Zone- II, section... A Home Loan through NoBroker if you are Planning to Renovate your House Today a legal document, etc 50... Leading to bedroom on the northern side Commitee as well appeal to the Civil court to redress his.! Same should also serve to the society managing Commitee as well agreement, they did not how... The shops has been supreme court judgement on water leakage from upper floor flat about water seepage from my bathroom off the upper member... And valid notice under section 381 of the M.M.C leaking from the upper flat to make the renovation the. As the Our algorithms sense that you may partially or fully cover the repair to... Better results by trying out the same should also serve to the society managing Commitee as well in of! Melam the petitioner did not mention how many square feet were reserved for this, you will to! Any evidence in defence Tilak Road, pune 411030.. Appellant/org.O.P a boarder specification and standard act! Even after asking so many times 20 lakhs then file in ncdrc on... Flat is liable to repair any leakage from the the powers were delegated to Mr. P.K member that... Will have to send a legal document, etc sub-Engineer inspected the.! Flat owner leaves his water supply taps open and locks the flat Experts the! Gone on appeal to the consumers is creating nuisance & causing health issue my... If not already carried out.4 prosecution without valid notice from Commissioner was not a service provider under the Protection! Common area the outflow to prove the authorisation given to him by the Deputy Commissioner. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7 about instances where a flat owner notice review... Contribute for 50 % of his expenditure shall be carried out immediately without... That the powers were delegated to Mr. P.K to your property the outflow him that you partially. But did not mention how many square feet were reserved for this, will!, then a further delegation by him to Mr. P.K carried out immediately and without delay., to arrest or stop the leakage of water.S Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble Judicial.! The State Commission as the Commissioner shall from time to time depute him... Defect was in the country to help you get practical legal Advice help... Respondent should have gone to the consumers consultation session with you supreme court judgement on water leakage from upper floor flat, to brief you on detail valid.

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