Dear Eminent Members
I am a member for Housing society which have 250 independent houses, which ia yet to be registered. So far, The existing Housing society is in hand of Builder only. We have recently hired a Law firm to send legal notices to builder, on behalf of Society and sue them in Court of Law to get the
1) Book of accounts (Maintenance and of corpus fund)
2) Completion of agreed Pending works for individual houses/common areas and facilities.
For that Lawer has suggested to collect the information from each of the house owners. About 15 members shared the information out of 250. Now the lawyer has sent Legal Notice on behalf of those 15 members individually to builder to apply some pressure. Among the 15 members 8 are not living in to the society (say Nonresident of the society).
It seems that there was some communication gap between lawyer and Society members. The nonresident members assume that the notice will be served on behalf of group, rather individually. Since owner association is yet to be registered, Lawyer served the notices on behalf of individual members.
Now the Nonresident Members (not staying in city / country) are scared that, they have to appear in court of law, follow the legal prosecution, else it will be contempt of court. Because the notices have been served on behalf of individual.
They are still ready to go in group.
My question is
1) What is the meaning of Legal notice? Is this Just a official/legal communication between two parties?
2) Does it mean that the house owners have to compulsorily appear in court, though case has not been filed yet?
3) Since the law firm has been appointed by us, can they represent the case on behalf of individual, if POA given
Please reply
Thanks in advance
Sudip Sinha
