damage to the terrace of a society by the member

Querist : Anonymous (Querist) 28 April 2011 This query is : Resolved
Please advise if a member of a co-op society has done some damage to the society terrace by entering the terrace without the permission of the society then can the society file the criminal case under section 427 ipc for the damages on the member in jmfc court or has to file in co-op court only.If it is through co-op court under which law.please advise.Is it possible to file a case under trespass in jmfc.

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R.Ramachandran (Expert) 28 April 2011
I do not think that the matter will fall under 'trespass' at all. Every member of the Society has a right over the terrance since terrace is a common area. Therefore, he cannot be said to have 'trespassed'. As regards the damage if any, one has to know exactly what damage has been caused and how serious it is, before giving any views.

Kiran Kumar (Expert) 28 April 2011
the question is whether his act has resulted into some substantial damage to the property and thereby infringed some legal rights of the members.

the rules adopted by society will be relevant in this regard. certainly the right to claim damages is there but for criminal liability various aspects have to be considered which will include amount of damage caused, intention or motive behind the act, injuries received by the members etc.

but prima facie its not a case of criminal liability.

Querist : Anonymous (Querist) 28 April 2011
Thanks for replying.The story is that the terrace door lock was broken and a dish antena was installed after trying at no of places without the permission of the society chairman/secretary.A letter was sent from society secretary to airtel office asking about the permission of installation and then immediatly those airtel staff came and removed the dish antena after giving their appologies for no terrace permission.They always ask their customer for permission of the society.In this case they relied upon the customers/Member,s verbal statment.If the member would have approached the society for permission society would have asked him to clear the dues pending for 3 years after that the written permission would have been given.By making no of holes on the terrace the leakage has started and that is the reason society is trying for strict legal action against the member.