Narayan Chandrani
21 November 2010 at 21:34
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
Anonymous
19 November 2010 at 16:41
Building of industrial galas constructed in 1969 by grandfather
Portions given out on rent.
Rented portions sold to occupiers as agreement for sale.
Agreement had specific clause that Society to be formed upon sale of all galas.
I gala remained on rent to date.
Said gala Occupier was also owner of 3 other galas in same building
(converted from rental to ownership vide agreement for sale)
Said rental gala occupier enjoyed gala at very low rent
& did not purchase gala from my grandfather.
No society formed nor conveyance effected
Grandfather expired in 2000
Gala occupier now filed private complaint in
metropolitan magistrate court for my prosecution Under M/s 10, 11 & 13 of MOFA.
Question is
Whether clause of agreement holds against requirement of society formation under MOFA
What should be my line of defense.
Anonymous
19 November 2010 at 11:35
I read here that ---"Section 148-A applies only to trial courts, but not appellate courts".
http://www.lawyersclubindia.com/forum/Purpose-of-Caveat--6392.asp
I have won a case in the Court of a Senior Civil Judge/Rent Controller.I feel that the opponent may file an application for revision in the High Court.So mine advocate has prepared a Caveat for filing in the High Court so that if a revision application is filed by the opponent,we may be informed immediately.But I am confused that whether in my case a Caveat can be filed in the High Court or not.If Caveat is meant for the trial Courts and not for the Appellate Courts then how can a Caveat be filed in the High Court?Is High Court a trial Court,I do not feel so.
Please advise.....
SSng Aulakh
18 November 2010 at 20:12
if defendants during the course of a pending Suit in Bombay High Court has committed acts of perjury and contempt,
Is it required to file saparate contempt and perjury petitions and application to bar council ?
denis
18 November 2010 at 16:35
What Is The Standard Legal Procedure For Buying A Second Hand Bike In India?
Anonymous
17 November 2010 at 18:51
My wife filed case in C.A.W Cell Delhi againt me. In which i have return back all her belonging. Later she withdrawal the case.
Now she filed the cases in family court, u/s 125 Crpc & DV Act also & She again started demanding her belongings.
My query :- I have the certified copies of settlement procured from RTI DCP OFFICES, THAT DOCUMENTS ARE ADMISSIBLE IN COURT PLS GUIDE ME
prakash
17 November 2010 at 09:56
sir,
I wish to give a power of attorney to my cousin brother to sale my pieces of land.I made a power of attorney and inserted a clause to receive the sale proceed by my cousin brother.The sub registrar objected to the same and insist to remove that clause.My argument is that I am unable to visit that place frequently to collect the money.Is it wrong to insert such clause in power of attorney? please advice.
prakash
17 November 2010 at 09:55
sir,
I wish to give a power of attorney to my cousin brother to sale my piece of land.I made a power of attorney and inserted a clause to receive the sale proceed by my cousin brother.The sub registrar objected to the same and insist to remove that clause.My argument is that I am unable to visit that place frequently to collect the money.Is it wrong to insert such clause in power of attorney? please advice.
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