claiming damages
Querist :
Anonymous
(Querist) 22 March 2010
This query is : Resolved
* Is it allowed to include demages due to mental harassment, tension, .... while recovering money refund from the builder/developer?
Builders/developers normally don't refund the money easily but if such demages can be attached, and this will increase the total claimed amount, then probably they will take the refunds more seriously.
* Secondly, it is possible to attach legal fee/expenses in property cases, or any case in general?
In some countries, looser pays for legal expenses.
Parveen Kr. Aggarwal
(Expert) 22 March 2010
A party is entitled to get damages or compensation for suffering mental harassment, tension etc. due to late payment/non-payment of the amount of the depositors. Also, a party is entitled to claim damages in the form of re-imbursement of legal expenditure incurred in prosecuting litigation for negligence of the builder.
In India also, the courts have power to order for costs of litigation to be paid by the loser party but the courts generally donot exercise this power.
Querist :
Anonymous
(Querist) 24 March 2010
I do not understand why courts do not order costs of litigation to be paid by the loser. In fact it should be made the law of land. THen people will think twice before going against someone.
If courts do this, even poor can hire good lawyers and win cases against rich. Poor are not able to stand against the rich because they have no means/funds to fight. Rich take advantage of this situation.
Are laws/courts not in favour of poor? Government, law, ... everyone pretends to be in favour of poor but probably the reality is something else.
Would you mind citing few examples where court ordered the loser to pay the cost?
Parveen Kr. Aggarwal
(Expert) 24 March 2010
At the time of final order of every civil suit decided on merit, a decree sheet is invariably drawn wherein costs of the suit incurred by each of the party under different heads is mentioned. The purpose thereof seems to be to compensate the winning party by ascertaining the amount of costs of the suit to be paid by the losing party. In suits for recovery, specific performance and other suits wherein ad valorem court fee is required to be paid, the courts generally decree the suit with costs.
