Hello, I have site of dimension 37 x 50 ft ( 'A' Katha ) in Mysore allocated by Railway House Building society in 1989 for which I had paid full amount and had got the whole site registered to me. And I've been paying the property tax for above said sqft till date. Few years later, the previous owner of the land from who the House building society bought the land, went to the court and won the case 3 years ago in the high court. He now has occupied 20 x 37 within my plot. But the society has neither communicated anything related to this matter to me nor they have reached out to compensate for this loss of mine. At this point, having lost a part of my plot without any due compensation, whom should we reach out to ? Can we file a case in the consumer forum against the society for not intimating and compensating me for the lost area? Kindly suggest what options do I have. Thank you
Hello,
You will not come under the definition of the consumer as defined in the consumer protection act and filing a case before the consumer forum will not be an appropriate remedy.
It is advised that you file a civil suit to claim compensation.
Also, seek advise from some lawyer and challenge the order of the HC before the SC.
Regards
1) You have to challenge court order of previous owner and make party to society as well and ask for you compensation in the higher court.
File complaint against society before consumer forum and seek orders to direct society to pay you compensation for the lost area
you should seek market price of lost area or orders to provide alternate plot
also seek litigation costs and compensation for mental torture undergone by you
Sir you to file a suit against society to recover the damages occur due to the order of the court.
You can initiate legal proceedings against the Society to seek compensation from them on account of loss suffered by you, in case there was an indemnification clause in the sale deed executed in between you and the society.
If there is an indemnification clause, the Society is liable to compensate you for this loss at market rate.
You need to file compensation against the party from whom you have taken the said plot and that person didnt inform you about the same. If society is the said party then you need to approach the consumer court if its the society else you need to approach the civil court if the party vary.
You have to approach to the consumer forum if the value of the claim is less than 20 lakh rupees but in case the value runs over and exceeds Rupees 20 lacs including legal charges and the compensation claim by you apart from the property value then you have to go to state consumer dispute redressal commission and file a complaint against the society who have a located the blood to you after full payment of the price of the plot and claim the compensation. Your complaint will definitely take time but you will get justice
Dear Sir,
It is a purely civil case and judgment should not have been passes without you being party. The documents have to perused. You can challenge the whole process saying you are necessary party and you can also make both the parties liable to pay you compensation for misleading the court and getting such orders.
You first issue a legal notice to the society demanding proper compensation for the portion of land that was taken away by the owner though the society had sold it to you.
After that you can file a writ petition against the society seeking compensation as per the judgment for the portion of land taken away by the owner.
