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Siddhi Agarwal (Owner)     08 August 2011

How to calculate damages ?

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 threats and harrasment from managing commiittee of society who were eying my room. I had to keep 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 worth Rs.80000/- 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 in an old suit in City Civil Court of 1998 against other room owners stating 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 This suit is dismissed as withdrawn but society has cut off power supply from the common meter to my room and so I can neither use it nor rent it out.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.



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