Dear all eminent lawyers,
Brief history : My cooperative housing society was over billing me on various fronts and then when I protested they declared me as a defaulter.
They first sent me a recovery notice u/s 101 of MCS act in 2007 to which I replied through my lawyer and in that reply outlined the overbilling and we asked for the cost of reply.
Society did not do anything and then after 12 years i.e in 2019 they sent me or recovery notice and I replied to it immediately. In my replies I asked them to rectify the overbilling. In 2019 they sent me 4 recovery notices and I replied to each one of them through my lawyer.
However, my lawyer asked for the cost of reply only in one reply.
Till date the society has NOT INITIATED any formal recovery proceedings against me.
Now my queries :
1. Can I ask for the cost of reply which I sent in 2007.?
2. In 2019 I sent 4 replies but my lawyer asked only in one reply i.e my 2nd reply. Can I ask for the cost of replies for the other three?
If the society does not give the cost of replies what are my legal options?
How do I and under which section do I proceed to recover the cost of replies?
Hope to see many responses and many thanks in advance for the same.
Regards,
Veerendra Darakh.
