Recovery of damages from Coop Society in Mumbai
Querist :
Anonymous
(Querist) 26 June 2011
This query is : Resolved
Dear Experts, I am senior citizen and state as follows for your kind expert advice 1) My office was broken in by the commiittee members of co. op society in 2002 and a criminal case was registered in 2003 which is still pending in MM's Court. 2) To presurize me society falsley implicated and made me a party in a Civil Suit of 1998 against BMC & 5 other owners of the illegally built rooms in the year 2004 saying that my room is also illegal, whereas I am one of the founder member of the society and have the bills issued by it which shows that my premises was assessed for Municipla Taxes. This case was dismissed as withdrawn in the year 2009 but the society disconnected poewr supply to my room from meter so that I can not use or rent out the office nor it is givingme NOC for getting a separate electric meter . 3) I now due to continued harrasment and forced closure of my business want to file a civil suit for damages of Rs. 10Lacs against the society and have the proof for it. Experts pl. guide if: a) Is there is any time frame or limitation clause for filling the recovery suit? b) Can I file it in High Court and under what sections of civil procedure code as the civil suit was dismissed in 2009 in the City Civil Court at Mumbai?
prabhakar singh
(Expert) 26 June 2011
a) Is there is any time frame or limitation clause for filling the recovery suit?
3year from date it becomes due.
but a suit shall not lie by a member against
the society, the proper forum is registrar of societies.
b) Can I file it in High Court and under what sections of civil procedure code as the civil suit was dismissed in 2009 in the City Civil Court at Mumbai?
with out exhausting remedy before registrar of societies, High Court is not expected to admit the matter.
better take help of a local lawyer.
