Case against housing society
RAJESH KUMAR
(Querist) 04 September 2011
This query is : Resolved
Hello Experts,
I need an expert advice on the case described as below.
iam retired from INDIAN NAVY residing in a registered housing society.I came to know about society's plan to cut two trees (near my house)illegally within society premises.
Initially they reasoned by letter that one of the tree is likely to fell.When we objected later they gave another reason that it is affecting the external water pipeline which was utmost false.They had clear intention to cut those trees whatsoever.
I objected to the society and asked them to take prior permission from tree officer of the region.I also in the meantime raised my objection to the tree officer with a letter.
the tree officer later gave them the permission(I beleive he took bribe for the permission).Thereafter society cut those trees.
We later received a letter from society seeking charges of Rs 10000/- for cutting tree and repair of damage external water pipeline.
We do not intend to give money as it is totally wrong.They are indirectly penalising us for informing the tree officer.
The society is not willing to listen to us and general body meeting(run by 4-5 people)they did not listened to us.
We are planning to fight the case legally .we have all the letter as supportive evidences.
a> Can we win this case?
b> how long will it take in cooperative court to fight the case?
M/s. Y-not legal services
(Expert) 04 September 2011
Actually who are the society? The general body passed any resolution mean its equal to concent of majority peoples of members. Because they are your representative members. While being so how you can oppose now? If major of the people opposed in the general meeting itself, how they can passed resolution for cut those trees?
M/s. Y-not legal services
(Expert) 04 September 2011
More over the cutting and cleaning charge upto ten thousand mean the worth of those trees's wood should be more than that. So ask about it. And ask them to compensate from that money. Its very simple.
prabhakar singh
(Expert) 04 September 2011
a> Can we win this case?
b> how long will it take in cooperative court to fight the case?
NO BODY CAN PREDICT THE FUTURE IS THE STRICT ANSWER TO YOUR QUESTION.
Raj Kumar Makkad
(Expert) 04 September 2011
You have a very good case. It is better to fight against corruption instead of surrendering before it. You can file a civil suit and may seek stay order and may challenge each illegal action on the prt of so-called society officials.
prabhakar singh
(Expert) 04 September 2011
And i doubt that a suit between member and its society could be entertainable by the civil court???
Next i answered the question asked????as pendency period can not be predicted in India,about the merit i thought when forest officer was bribed and issued permission then when trees already removed ,his order already executed as unobjectionable what is left to prove corruption.
In things left is personal whim of office bearers of society and author has no mass with him in the general body and remedy, if any, available to him is to Que up before/registrar/deputy registrar of society whose workings move slower than ants.
girish shringi
(Expert) 04 September 2011
I f you are confident enough to fight the case,with the co operation of other members you can proceed.
Time is the main accuse in India as prescribed by Mr. Singh,but how long would we tolerate the same in India?
Why don't we unite under one banner of Lawyers with one mission to get faster judgements?
Which will make more opportunity for the profession.
Jitendar Kumar gupta
(Expert) 05 September 2011
you can make complaint to the registrar of co operative society directly for the demand of the society. Afterwards you can file the writ to the high court.
Chanchal Nag Chowdhury
(Expert) 05 September 2011
U should have proceeded with the ROS earlier. U have now unwittingly exposed yourself to a multiplicity of proceedings.U will now have to proceed on two fronts:-
1.File a case under RTI as to how the tree officer gave the permission to fell the trees especially as to the nature of enquiry that was made before such permission was granted & 2.Proceed before ROS relating to the matter especially relating to the price the trees fetched as well as the cost of felling etc.
