How to reply summon?
Narayan Chandrani
(Querist) 21 November 2010
This query is : Resolved
Hi All & Respected Lawyer/Advocates,
We, that is my mother, Secretary and Co-operative Society been summoned in Metropolitan Court at Vile-parlel, Mumbai. Following is the complaint/case history
The complainant filed a complaint against my mother, secretary and Coperative Society in BMC on 10/07/2007 as below:
"To abate the nuisance caused due to leakage of water through the joints of floor titles and parapet wall of balcony of my flat to that in the complainant flat by taking preventive measure such as waterproofing, filling up joints with rich cemenmorter ect, through the licence Plumber." "Time Limit 30 days"
I got filled the joints with white cements and waterproofing the floor title and replied to the BMC sayin that the cementing to the flooring is done. I also informed BMC that our building is 45 years old everyone face the leakage problem from outside and balacony parapet wall which is outside of the buidling so I replied in that letter that the complainant and I should contribute 50% to repair the balcony parapet. I was not aware that as per CHS Bye-Law 156, it is the reponsibility of the society to repair the outer parapet buildling. I have acknowleged the reply from BMC.
The Secretary, Society didn't replied to BMC, and even didn't inform/gave complain letter, which might avoid the summon. Then BMC again replied that engineers again inspected saying the work is not carried out.
I use to attend the case, the secretray was not attending the case, hence we use to get future date and I also stop going as I am senior citizen and unable to travel
On 20/08/2008, the complainant gave another complain to the society say that " The building needs urgent repair", as there heavy leakage in his kitchen and toilet from outside of the wall during rainy season.
I got this complainant letter from the Secretary which shows that leakage is from Outside.
Then he again file the complain in counsumer court on my mother's name, the secretary and Society.
The complain was not server to us, we recd the ex-party ordered. In the exparty order the Judge order the Secretary/society to appoint an Architect/Engineer to inspect my flat. The Secretary and his advocate inspected my flat with the Architect. After inspection it was concluded the I have already done the cementing/waterproofing of the flooring and leakage is from from outside of the building, and the society has now done cementing/water proofing from outside. The complainant was not happy with the Architect report he again re-open/ complain the Summon of Metroplitain now.
Our builiding was repaired on 2004, each member contributed 40,000 Rs, but the complainant didn't contributed a single paisa, and secondly he renovated his own house in 2005 from the same contractor from we repaired the buidling.
There is no structural auditing done for this building since 6 year . As per the bye law, buidling more than 30 years, a structural audting should be done every 3 yrs
The complainant is merely harassing my mother, and we got summon from Metropolitan Magistrate.
So my question is whether I can reply to summon, Can I speak on behalf of mother. As I know the fully history of the case. The following are points
1) I have replied all BMC notices and have acknowledged letter saying the flooring joints are cemented/waterproofed.
2) I also got the copy of Architect letter from Secretary/Society saying that the I have done the cementing/water proofing and leakage is outside of the building and not the inside.
3) Letter from complainant saying that "Building needs urgent repari"
4) No Structural Auditing since 6 years.
5) I have a signature of the members telling the complainant has renovated his house, and didn't contribute to a singe paisa for a repair and harassed repair comittee and Secretary.
6) The Society has already agreed that leakage is from outside in the consumer court, and they have got repaired the outer parapet(balcony) wall now. (i.e this Oct 2010) . THis should have long back.
Whether I can alone reply to summon in Metropolitan court without appointing an Advocate ? If yes, Can you pls give the format how reply to the summon.
Can we directly represent the proof/evidence to the lawyer?
Can I represent/speak on my mother's behalf as I know the full case history. If yes, what application needs to be written/given to h'able judge.
Is it necessary to appoint a lawyer/advocate.?
Pls advice, I am waiting for your reply.
You can email me at nchandrani@indiatimes.com
Thank you.
regards, Narayan
Ajay Bansal
(Expert) 22 November 2010
contact 09729985995
s.subramanian
(Expert) 22 November 2010
yes. It will safe to do so.
yogesh
(Expert) 22 November 2010
summons cannot be replied but it is made to party to appear personally and gives its version which may be kept on records
If you are party of the case then you may have to appear in person or through an advocate and defend the allegations
Narayan Chandrani
(Querist) 22 November 2010
Thanks to all for replying
I/We had appeared before twice currently, but got future date as Secretary / CHS lawyer informed to Judge they are already attending the case in Consumer court, and they had repaired the Balcony parapet.
To defend, can I write a letter to the judge explaining all the points and attached exhibit in a file showing all the proofs before the judge.
Do I need to give any letter so I can appear on behalf of my mother and explain to Judge each points.
Pls advice, give suggestion how I can defend myself
Pls let me know, I am waiting for your reply
regards, Narayan
Guest
(Expert) 23 November 2010
contact local lawyer......
Narayan Chandrani
(Querist) 29 November 2010
Thx for replying, I want to defend my mother without an advocate. I have prepared an affidivat which contains all the exhibits I will produce before the hon'ble court. I think it needs to be verified and require witness signature via notrary.?
Apart from this anything required?
As I know the full case history, I want to appear and explain the hon'ble judge the details evidence, and tell that the complainant is merely harassing my mother.
Is any authorization letter needs to be provided to the court, So I will appear/speak/pray/plea instead of my mother before hon'ble court?
Pls let me know if anything more thing more needed apart from above.
Pls let me know. I am waiting for your reply.
