I am a member of a Co-op. Hsg. Society in Mumbai. The Society was collecting (Demanding) Rs. 75,000/- at the time of sale/transfer of flats. In the case of one flat the buyer and the seller shared the Transfer Premium of Rs. 25,000/- and addtional amount of Rs. 50,000/-. In my case, the Transfer Premium of Rs. 25,000/- was paid by me (Buyer) and in addition since the seller refused to pay the additional Rs. 50,000/- demanded by the Society, I paid the amount in cash to him and he in turn issued the cheque for Rs. 50,000/-. To protect my interest I had inserted a clause in the Sale Agreement that all the credits in the name of the seller will get transferred to the buyer. After two years the excess amount was refunded to the persons concerned and in my case to me since I had inserted the clause in the Sale agreement duly registered. Since ours is a small Society with 21 members, the two buyers are in the Managing Committee when the monies were refunded. Two members who were in the then Managing Committee and who had been instrumental in getting such a resolution passed in the AGM had disputed the refunds and followed up the matter with the Dy. Registrar and then the Jt. Registrar also. The matter was decided in favour of the Society (Amounts refunded are in order). Since it was a matter of refund the Managing Committee felt that there is no need for General Body's approval since it is not an expense. After the complaint by the two members a Special General Body was convened and a resolution was passed confirming/ratifying the payments.
The two members have mentioned that the refund made to me is "Misappropriation". I have disputed that since the General Body is aware of the transaction. I had asked them to apologise within 10 days. They have not done. I intend to give them a reminder after 4/5days and then go to the High Court for filing a Defamation suit. Can I claim any monetory compensation say Rs. 25-50 lakhs from each of the two. Is any amount to be paid to the Bombay High Court.
What could be the legal expenses and how much time will it take to arrive at a judgement.
I would like the learned advocates to respond.
