How to quantify amount for suit for damages ?
Querist :
Anonymous
(Querist) 06 August 2011
This query is : Resolved
I am 66 and have an ownership office in Fort, Mumbai area. I was using it for my electrical trading business which I could not continue with since 1996 due to managing commiittee of society who were eying my room. I had kept it locked sice 1996 resulting in a closure of business and severe hardship to me. In 2002 managing commiittee of society broke open my room, stole my goods and the case is still continuing in MM's Court in a Ballard Pier. To pressurize me to with draw the case I was wrongly made a party in 2004 an old suit in City Civil Court of 1998 against other room owners sating that even my room is illegal although I have agreement and paid stamp duty on it. This suit is dismissed as withdrawn but society has cut off power supply from the common meter to my room and so I can neither use it nor rent it out. In view of this I have decided to file a suit in High Court for damages for Rs. 10Lacs although I have suffered much more and don't have money for full amount of Rs. 20Lacs. I now seek help of experts as how do I quantify the losses for this suit and do I have to obtain a certificate from a CA and have following queries:
A) At the time of closure of business my monthly gross earing was Rs. 15000/- p.m. Can I take it as a base and multiply with no. of years. B) I have lost also rental income of Rs. 7Lacs for this office since closure and have C) Suffered mental agony and hard ship which has cost me Rs. 80000/- for treatment in hospital. Can I add it ? Pl. spare your valued time and help me.
Raj Kumar Makkad
(Expert) 08 August 2011
You can add all losses suffered by you as detailed in your query but first of all get restored power supply as this is an essential right of every resident. File a suit for injunction for this purpose. After restoration of electricity connection, you rent it out to some forceful person and then continue your long struggle and file suit for damages to be calculated by court.
Querist :
Anonymous
(Querist) 09 August 2011
Dear Makkadji, Thanks for response. Do I have to get the losses certified by a CA ?
