Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sidhhi   25 June 2022

Foul play by Society

Inspite of cases filed in Mumbai by an friend in City Civil Court in 2016 & Co-op Court in 2017 the society has managed to take out recovery notice in 2022.

Want to challenge this foul act but don't know which court and how !

Need appropriate guidence/advice. TIA


Learning

 5 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 June 2022

Is it only a recovery notice or a recovery certificate?  Who has issued the recovery notice, the Registrar? What were the cases in the City Civil Court and the Co-operative Court?  Do they have a bearing on the amounts allegedly recoverable from your friend?

Sidhhi   27 June 2022

Sir earlier society broke in to my friends room and stole goods worth 80K in 2001. when lodged police complaint society said my friend was never a member nor had room in building. He was not allowed to use the room and his power connection was cutoff. Then raised highly inflated bill for 31lakhs which was challenged by the friend in above courts in 2016 & 2017 and same are pending for disposal. Now in 2022 society has managed to obtain by foul means Recovery Notice/Decree for 21lakhs+interest. What to do.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     29 June 2022

It is not possible to give any opinion with partial information. It appears there is a history of many things done by your friend. Why should the Society say that he was not a member? How did your member acquire interests in the capital and property of the Society?  Was it a flat?  It appears that there was a dispute at the time your friend became member. Did the dispute go to the Registrar or to the Co-operative court?  What was the dispute? Please give complete information from day-1.

Sidhhi   29 June 2022

Dr Ramani sir, it's office room taken directly from builder first on tenancy and then converted to ownership by paying 150 months rent in the year 1990. Some goons in the society claimed it's illegal and bared the access to the room. Infact they wanted to grab the room. stopped issuing monthly bills and broke open the room on a holiday. when lodged police complaint it took 18 months to register an FIR and society goons claimed that friend never was a member and didn't own any room. Due to callous act by IO the criminal case got dismissed and suddenly there after society raised a highly inflated consolidated bill for 31lacs which is challenged in CC & Coop Court in 2016 & 2017 respectively. Order not yet passed. And then this foul play with help of registrar.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     04 July 2022

When the Office room tenancy was converted to ownership had the Society been already formed?  Has the Office Room got attached bath, kitchen etc? Was it an Office Room from the beginning or a residential flat converted to Office room? Whether the conversion of tenancy into ownership was legal would depend on many factors. If a builder converts tenancy into ownership it is a transfer of ownership by builder to your friend. Many facts are still not known. If your friend got a court decree, the only recourse available is appeal to a higher court.


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