Counter claim & demand for damages
VVS Ramaikrishna
(Querist) 23 February 2012
This query is : Resolved
how should I proceed for a counter claim and compensation for damages?
is there a court fee for the amount claimed?
what options are available if a person (senior citizen) is not in a position to pay court fee?
ajay sethi
(Expert) 23 February 2012
engage a local lawyer . you have to pay court fees on counter claim .
suit for damages take around 20 years to be disposed of atleast in mumbai .
if you are unable to pay court fees then dont porceed with litigation
Deepak Nair
(Expert) 23 February 2012
I endorse the above reply from Mr.Sethi.
VVS Ramaikrishna
(Querist) 23 February 2012
Thank you for your replies.
Does it mean that an innocent victim can not get justice if he can not pay the court fee?
prabhakar singh
(Expert) 23 February 2012
YOU CAN FILE COUNTER CLAIM ONLY WHEN ANY SUIT HAS BEEN FILED AGAINST YOU.
IF YOU ARE TO SEEK COMPENSATION VIA DECREE OF COURT THEN YOU HAVE TO PAY COURT FEES THAT IS COLLECTED AS STATE REVENUE BY STATE GOVERNMENT.
NO LAW PROVIDES EXEMPTION FROM PAYING COURT FEES ON THE GROUND OF SENIOR CITIZEN SHIP.
HOW EVER LAW PROVIDES THAT EVEN ANY INDIGENT PERSON CAN FILE A SUIT WHEN THE INSTITUTING COURT FINDS HIM INDIGENT AFTER DUE INQUIRY MADE ON HIS APPLICATION.
VVS Ramaikrishna
(Querist) 23 February 2012
Thank you Mr. Singh
is it possible fo ryou to give me any draft for filing as an indigent person? is such a draft available on net?
RAJU O.F.,
(Expert) 24 February 2012
You may make counter-claim if you claim set off of some dues from the plaintiff. You will have to pay court fee for your claim under the counter claim to be set off. Courts will not consider any reduction in court fee for senior citizens. All your grievences and objections to the suit claim can be made in written statement, counter proof affidavit, etc. in the pending suit itself without preferring separate counter-claim involing court fee.
