Recovery of damages from Coop society ?

Querist : Anonymous (Querist) 03 May 2011 This query is : Resolved
Dear Experts pl. advice suitably for appropriate legal action in following situation for recovery of Rs.10Lacs from the coop society:

1) Bought an office first on tenancy basis in 1989 by paying Pagdi amount to builder.

2) Office was then converted in to ownership in 1990 as per tenancy agreement of 1989 and the ownership agreement of 1990 by paying further agreed amount.

3) Mine was the only office on terrace fl. but subsequently builder constructed 5 more rooms illegally and sold them. Builder had arranged power from a common meter to the 6 rooms including mine and had promised to get separate meters in due course but did not do so and died.

4) Society was formed in 1992 and I am one of the founder member of society. The other 5 room owners were not admitted.

5) The secretary and other committee members were eying my office and wanted me to surrender the same to them.

6) I Was using the office for my electrical business and locked it due to constant threats from the committee members in 1995.

8) Society filed a suit against other 5 room owners in 1998 due to non action by BMC. I was not a party to this suit as
my room was in BMC plans but shown as Lift Room.

9) In Jan. 2002 a caller from the building in which I had the office informed to me that my room was broken open and goods were removed by the secretary and his other cronies. Not only this they also changed the lock and door of my room.

10) Due to corruption police registered an FIR in 2003 only and the case was filed in MM's Court in 2005 and the same is still pending.

11) Due to FIR society made me also a party in 2004 in the suit of 1998 against 5 other room owners saying that my room is also illegally constructed. This suit is now dismissed in 2009 as society and the other 5 room owners filed consent terms in the court.

12) Society has disconnected the common meter so that I can not use the room and other room owners are now having separate meters.

Pl. advice:

a) If I can file a recovery suit for Rs.10Lacs losses due to closure of business and mental torure.

b) What will be the court fee ? I am senior citizen so am I elligible for any concession ?

c) Can I request the court to ask the defendants to pay Rs.5Lacs deposit in the court if they wish to challange the suit ?

d) What happens to the court fee in the event I loose the case ?

e) Suit is to be filed in High Court or Coop Court ?

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Raj Kumar Makkad (Expert) 03 May 2011
a). Yes but how shall you arrive at actual loss of Rs. 10 lakh and subsequently how shall you prove that defendants ordered you to close your business as they only threatened by their act and conduct and no formal letter to close your business was ever given?

b). Court fee is different from State to State. If the building is situated in Haryana then court fee on Rs. 10 lakh recovery suit shall be Rs. 58,800/-. You can obtain this information by teling your State. Concession for senior citizen can also be enquired locally.

c). No. Docrine of natural justice demands due opportunity of hearing to opposite party before coming to any conclusion.

d). Your court fee shall also go with your case.

e). Co-operative court of civil court.

Chanchal Nag Chowdhury (Expert) 03 May 2011
a.Yes.
b.Check locally.
c.No.
d.Gone.
e.Registrar of co-operatives if your building is a co-operative society,if not, to a civil court.

Guest (Expert) 04 May 2011
I endorse the views of Mr. Makkad.

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