sulemank 08 June 2017

Does co-op secretary has power to tresspass

Friends, I got 156 (3) order against the accused, police registered FIR, after 3 yrs filed B Report saying that there was no offence done. the sections were 354,441,504

In this case, there was a unauthorized construction/atlerations done by me in my flat, the building secretary forcefully came to my house with gundas, and demolished the unauthorized alterations done by me inside my flat, the gundas brought by secretary also molasted my mother

The police has submitted that co-operative housing society has powers under Maharashtra Co-operative societies act to do such act and remove the unauthorized alterations, i have not seen a single provisions about this in MCS Act.

I want to movie to high court to highlight this injustice done to me by my secretary and police report please guide me

What should i do

Thanks

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2 Replies

Dr J C Vashista (Advocate) 08 June 2017

Engage a local prudent lawyer for proceeding.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 08 June 2017

You admit that you did unauthorised construction in your flat. What do you expect the Secretary to do? At first write to you a letter asking you to undo what you did or not to do if you have not started. You will ignore the letter. What can the Secretary do? He can go to court. You will respond. The case will go on for years and years and you will enjoy the fruits of unauthorised alterations all though. Instead of that the Secretary did, what he did. Now you can go to court instead of he. Why did you do the alteration unauthorised? Because you knew the balance of conveniece will be in your favour if the Secretary goes to court. But in a quick move the Secretary tilted the balance in favour of the Society. Now you can go to court instead of him and Society will pay the cost of his defence. You did not go to police any-way. If you had, you would not have come here.