Complaint for compensation under CPA against society

Querist : Anonymous (Querist) 08 August 2010 This query is : Resolved
I am based in Mumbai and intend to file a complaint in Consumer Court in connecrion with my office room in Fort area and brief is as under:

1) 115 Sq. Ft. Built up or 81 Sq. ft. carpet -Office room taken on Ownership basis in 1990.

2) I am one of the founding member of the society.

3) My office room was broken in by committee members in Jan. 2002.

4) FIR was registered quite late due to corrupt police in Dec. 2003 and case is still pending in MM's Court.

5) Police inspite having registered an FIR on my complaint did not give possesion of room and I had to get order from Sessions Court and took possesion in 2008.

6) Society made me a party in a civil suit of 1998 filed against other room owners claiming that my room is also illegal by way of Chamber Summon. The judge did not accept my plea that I am a bonfide owner with a agreement and have paid stamp duty.

7) This civil suit is dismissed in Dec. 2009 and I am still unable to use the room as society has disconnected power supply to it. I am in process of getting a meter on my own.

8) During this period I have suffered financially and mentally at the hands of society and police and could not have approached Consumer Court earlier due to ongoing malacious civil suit.

Now I want to file a complaint with consumer court for Rs. 18-21 lacs due to foregone reasons and I am well in time as the it will be with in the limitation period of 2 yrs. from December 2009.

Awaiting opinion of experts in the matter.

Regards,

Follow Query

Report Abuse

B K Raghavendra Rao (Expert) 08 August 2010
As your case is in pending in MM's Court, you need to wait for its outcome. What if the committee members are acquitted and discharged. Your claim is very weak in consumer court as you are in possession of the room throughout. You have not been evicted. The only suffering you had encountered is at the civil case and police inaction. Both would not merit compensation.

s.subramanian (Expert) 08 August 2010
it is a civil dispute involving complicated questions of title and possession. i don't think you can take any action under the cpa .
but you can procedd before the civil court for damages and compensation. but the chances of success depend heavily on strong evidence to prove the damage caused to you.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now