Coop. society under control of accused persons.
Kishore
(Querist) 19 August 2012
This query is : Resolved
I bought a room in 1990 after paying the amount to the land lord as per tenancy agreement. Society was formed in 1991 and I am a original member as per list of members approved by Dy. Registrar, Mumbai. In spite of my having paid the dues for bills issued to me I was never allowed to use the room as the secretary wanted it to surrender to him and even brought some goons who threatened me with murder. Locked the room and closed my business. In spite of my having given a letter to send the bills to my resi. I did not get any bills and finally my room was broken open in the year 2002 by the secretary and his associates. Registration of FIR was registered delayed for almost 2 years due to corrupt IO. Society is still not allowing me to use / rent out / sale the room although the civil case of 1998 against other room owners in which I was implicated post registration of FIR saying that my room is illegal is dismissed as with drawn. Society is on record in the court that it has not allowed me to use the room as it was illegal.Criminal case against the accused secretary and other is pending in MM's Court since 2005. I am willing to pay only property tax arrears provided society has paid it to BMC but once again I am made to suffer by the criminal elements in the society who are in control and they are not agreeing to it. Pl. help and guide as to what can be done to get over the problems as even Dy. Registrar is not giving me certified copy of By Laws of society with list of members due to rampant corruption.
Pl. advice me on following specific issues:
a) Am I liable to pay full charges as per bills issued to other members as I have not been allowed to use or rent out the premises? All office rooms are of same size only.
b) Pl. advice as to which court I should approach for filing a damage suit for Rs. 12-15 Lacs which I may have to lower to Rs.10 Lacs so that it can be filed in City Civil Court instead of High Court where it takes much longer time to get a verdict ?
ajay sethi
(Expert) 19 August 2012
you are in Mumbai . are you aware it takes 20 years for suit of damages to be finally decided . you have already filed croiminal case before MM in 2005 .
since you are a member of society you are liable to pay all the society bills . if you are not allowed to use the premises you have a remedy which you have availed of by filing criminal case against secretar y and others
prabhakar singh
(Expert) 19 August 2012
Mr.Sethi!I think in a situation he is placed
he does need to file a suit for possession and damages,may be it takes two decades which is better than to loose the title of property for ever.
Kishore
(Querist) 19 August 2012
Sir, I believe this forum is to help the people in earnest way but may be members have lost the interest. I wish to clarify that a) Criminal case was filed by police due to crime of breaking in by some members of society. b) I have all the documents including 1 Tenancy Agreement 2) Ownership Agreement In spite of asking for bills society office bearers did not issued any bills with ulterior motives to grab my room and even not allowing me to use the office or sell it. I sincerely await more responses.
ajay sethi
(Expert) 19 August 2012
why dont you file a declaratory suit ? for declaration that you are the owner of premises as per the agreement . for an injunction restraining the society from interfering with your peaceful posession of the premises .
the fact that criminal case has been filed by society against some members will help you .
Kishore
(Querist) 20 August 2012
Mr. Sethi, Criminal case is filed by police on my complaint against the secretary and 3 others from the working committee.
Why you are not in favor of suit for damages for the mental torture and losses suffered by me all these years and still continuing ? The room is now in my possession after the society's case in city civil court saying my room is illegal was dismissed as withdrawn.
I request other experts to respond suitably.
Kishore
(Querist) 20 August 2012
Mr. Sethi, Criminal case is filed by police on my complaint against the secretary and 3 others from the working committee.
Why you are not in favor of suit for damages for the mental torture and losses suffered by me all these years and still continuing to suffer ? The room is now in my possession after the society's case in city civil court saying my room is illegal was dismissed as withdrawn.
I request other experts to respond suitably.
ajay sethi
(Expert) 20 August 2012
the reason i am not in favour of filing suit for damages is 2 fold .
1) court fees . you have to pay substantial court fees
2) long drawn process : the suit would be transferred to list of long causes . such suit as on date take over 20 years to be heard and finally decided .
considering the current backlog of cases by the time suit is rie for hearing it would take more than 20 years . by the time either witnesses are dead or papers are not traceable .
i am merely trying to save your time and money
Kishore
(Querist) 20 August 2012
It then implies that one has to fore go his legally bough ownership premises because we are living in a rotten democracy full of scams, crimes and mafia.?
