I bought a room in 1990 after paying the amount to the land lord as per tenancy agreement. Society was formed in 1991 and I am a original member as per list of members approved by Dy. Registrar, Mumbai. In spite of my having paid the dues for bills issued to me I was never allowed to use the room as the secretary wanted me to surrender it to him and even brought some goons who threatened me with murder. I had to Lock the room and close my business due to goons. In spite of my having given a letter to send the bills to my resi. I did not get any bills and finally my room was broken open in the year 2002 by the secretary and his associates. Registration of FIR was delayed for almost 2 years due to corrupt IO. To pressurise me to with draw FIR society made me also a party in a civil suit of 1998 saying that my room was also illegal which has been dismissed as withdrawn. Society is still not allowing me to use / rent out / sale the room. Society is on record in the court that it has not allowed me to use the room as it was illegal. Criminal case against the accused secretary and others is pending in MM's Court since 2005. I am willing to pay only property tax arrears provided society has paid it to BMC but once again I am made to suffer by the criminal elements in the society who are in control and they are not agreeing to it. Pl. help and guide as to what can be done to get over the problems as even Dy. Registrar is bribed and did not act due to rampant corruption.
Pl. advice me on following specific issues:
a) Am I liable to pay full charges as per bills issued to other members as I have not been allowed to use or rent out the premises? All office rooms are of same size only.
b) Pl. advice as to which court I should approach for filing a damage suit for Rs. 10-15 Lacs for quicker disposal.
c) I understand that City Civil Courts can take up damages case up to Rs.10 Lacs so that it can be filed in City Civil Court instead of High Court where it takes much longer time to get a verdict ?
Pl. help with genuine legal opinion based on your expeience.
