Case against irwo
Suman Kanta
(Querist) 25 February 2014
This query is : Resolved
This issue is on behalf of my relative...
1. A Railway flat in Gurgaon was transferred from original allottee with his consent to me on 12-12 2002 by Indian Rly Welfare Orgnisation (IRWO).
2. The registery of the said flat could not be executed by IRWO since the matter was under subjudice with HUDA (HARYANA URBAN DEVELOPMENT AUTHORITY).
3. HUDA was ordered by a court to refund 50% excess amount of land to IRWO in the year 2008 (part amount).
4. Excess amount of 5% of land was reimbursed to original allottees as well transfrees. I was paid Rs.42500/- in 2008.
5. IRWO asked me to return the amount of Rs 42,500 on 31-03-2008 as the original allotee went to supreme court and filed petition. I was not made party at that time of contesting the case. Still I returned the amount of Rs 42500/- on 03-10-2008.
6. Now registry has been executed in my name and I am a legal owner. And HUDA has refunded the balance amount to IRWO. In return IRWO paid the balance amount of Rs.55000/- to orignal allottees after 12 years despite the fact at this stage the are no legal owners. But nothing has been paid to Transferees.
7. At the time of transfer in the year 2002 Original allot-tee executed Power Of Attorney in my favour and submitted affidavit & will that all future transaction would be carried out by transferee (New Allotee).
Now I wish to take up the matter along with all the Railway Flat trasferees jointly, please guide me, whether we can file any writ directly in a supreme or high court or whether a civil suit needs to be proceeded against IRWO.
Thanks,
YP
Devajyoti Barman
(Expert) 25 February 2014
Writ of this nature should always be filed high court, not in supreme court.
Rajendra K Goyal
(Expert) 26 February 2014
It would be appropriate to file a civil suit making original allottee, IRWO as necessary parties.
T. Kalaiselvan, Advocate
(Expert) 28 February 2014
Yes civil suit in the appropriate court of law by making irwo also as a party would be the solution for this.
