I booked a 3BHK flat at its design stage , appx 1350 sft in oct 2000.I paid Rs 1 lac as advance . As per the agreement the cost includes ample car parking space for a 4 Wheeler and scooters . The agrement was universal to all ten 3 BHKs and fifteen 2 BHKs. I was on active service and not in station ( sec'bad). My B-I-L was given the general power of attorney . HDFC was the banker which made payments direct to the Builders on instalments .
The Flat was taken over in Sep 2002 . There was a pin prick . I was alloted a car park in the most inconvenienced place supposedly finalised by the adhoc apts commitee regd in 2002. There were only five owner members residing , remaining were either vacant or rented. There were hardly any fourwheelers . Space was adequate for all25 flat owners .
Since Dec 2007 on my last leg posting to sec'bad I moved lock,stock and barrel to my new flat. The car parking even for my Maruti 800 was found inconvenient and inadequate though there were no dearth of vacant space even after allotment .
I spoke to the Builder who told that all allotments had been done at the behest of the society and he has no role to play. The Society adviced me to sort out the problem with the builder. I was then on service and was busy as usual especially for alst one year of my military service for preparation of retirement documents .
I was keeping my car etc in one of the open slot ( namely marked 204, the owner is working abroad past 5 years, his flat locked ) and was not objected . I retired in Feb 2009 . In between i raised the issue with the society which did not yield results . I raised the point in the general body meeting held ony for the owner members. This was taken well by the reigning committee headed by the father of one of the owner.
The meeting took ugly turn . The committee resigned en masse and asking me to volunteer to run the committee. I agreed and was elected unanimously. Other committee members were also elected on condition that proper election would have to be conducted by me. I agreed.
Except the Gen Secy none carried out handing /taking over . Auth for signing chques were also not completed . I had no alternatives but to approach the bank with the written staement for change of auth signatories .
But before it could happen the eartwhile president ( father of an owner) struck , got himeslf elected with six other owner members ( residing locally , with their houses on rent) . I forgot about the matter till on my retirement in Feb 2009 my car parking was stated gettingover crowded with motorcycle/scooters. The watchman informed me that the president wantes me to keep my car in my alloted parking space..I did not bother as there was no objection from the owner who is at Dubai.
On 9 Jun 2010 My car park ( 204) was full and blocked while i came from a post retirement course in the evening at around 7 pm.. The next car parking ( 301 ) was vacant and i kept the car there . Next morning i had to go for the trg but found my car blocked by another car belonging to resident of 405. My car was immobile in between two car ( Car of 405 kept horizontally just outside on the pathway and the car belonging to 402.
With some car skill i could manage to get my car out and went for the course. On my return i found my car park space 304 is blocked and there are some other scooters etc in the neighbouring car parks . I did not keep my car in the alloted space as that was their intention and kept the car on the common passage where one more car is already parked and not objected.
A few days later i got a phone call from the local police station that a case registered gainst me by the society and i needed to vis them . I vis them . They were trying for negotiation etc etc if i agree to keep my car in my slot or else-- .
On 16 Jun 2010 police came and arrested me at 0750 hrs , took me to police station . Kept me there without even a glass of water and then took me to court ( CGGM ) AT 1330hrs. i was released on bail with a surety of Rs 5000. I am charged under Sec 341 &506. A red letter day in my life !!
It was exactly the same as depicted ' in Chalta rahe ' advt for some plywood. I was made to vis almost once in every month even when the magistrate is on vacation ( 27/5/2010) and now handed over a copy of chargesheet on 11/8/2010 . Next date ' for chalta rahe ' is 9/12 /2010.
I do not wish to engage any lawyer not because i have detest for them but i wish to prove a point or two to myself that if you fall ill you go to the doctor , if you need MBA degree you go to IIPM and get a laptop , listen to to TWO glabal mgmt Guru , one foeign vis and you become a mgmt Guru. Why then one should not pay for the services to the lawyers when you get booked. But if a few people ( owner/builder/tenants ) with vested interest lodge a complaint , pay police for booking a person like me should i pay lawyer to get me justice ? What is the role of the Judge ? Where it is written that he will not apply his mind to decipher the statements of the witnesses who are coached by another lawyer ( the prosecuting counsel ). You may say that how the judge judge the veracity of the statement made on oath . If there are majority people telling the lie the judge has no option to believe the lie , that's the law . The law of the majority . The law in a democracy. Majority wins .
If it is the rule of majority why 70 % of the indian people live with earning Rs 20 a day where Mrs Mukesh Ambani carries a hand bag which costs in lacs . Where is the bl**dy rule of majority. If there is rule of majority one wouldn't ( like Ajay Makhan ) dare raise objection that caste census is against the interest of this nation where the BC/OBC are in the majority. I know i am now driving a wedge and some people will try to find fault in my argument stating it sans merit. Where is the question of merit comes in a rule of majority by the way. It is the rule of convenience . The king dies long live the king - none question the merit of that drunkard ( most of the cases reported in the history). Shankaracharya passed out leaving the croocked stick to a child labourer ( whenever he goes a child labourer carries the stick in full view of TV audience ) and comes another ponga pandit none protests . When it comes to tr of power to the majority those ponga pandits , those king ka puts talk of merits / talents etc etc .
Ok . Let me come back to my queries. What all are to be satisfied by the prosecutor to prove the charges against me under 3541/506. In their application ( one father , one husband of the owner, one tenant and one colonel from AMC retd ) has stated that i was keeping my car anywhere i like it though i was alloted a car park. And i have been abusing them when asked not to keep my car in other car park . Though there are merely 11 cars out of 25 flats and there are ample passageway exclusively kept vacant for the past president by default ( the father of owner 104 ) . The statements recorded by police as given to yesterday in Telegu. I have deciphered with some help - that i kept my car in the car park of 301 and thus Sec 341 applied . I have abused them therefore Sec 506 applied . There are 5 owners ( one father104,, one husband 301 , one colonel retd 201 , one owner who is away at Dubai for the past 5 years 304 and another 501) , one watchman, one builder, 4 tenants , 4 policemen as witnesses .
The copy include a photocopy of a photo showing my car parked inside carpark 301 , kept horizontal in front of car park 201 and car parked in the common passage where i am keeping my car since then. In his statement the promoter has said all have been alloted a park with due consideration to date of booking and carpet area of the flat. He has given a photocopy of the the owners with date of booking . Allotment is not as per booking date which is even clear from the list produced . A sketch has been produced by the police without mentioning from whom they got that info as it is not as written ( flat no ) on the car park but serial no of the allotment which is not written anywhere.
Pl advice me caste-aside to nail the untruths . By the way one ( resident of 405 , husband of the owner is a lawyer working with some software firm alongwith his wife .The flat owned by Maj Radha krishan and now stand regd to mRs Meenakshi who is still evading HOUSE TAXES as the flat is still in the name of major radha , a serving army officer who is exempted from paying house taxes if self occupied . The couple is at Banglore , the flat is rented.)
Regards
Haridas
