• Lorry Association excesses In Mancherial, Telangana

Dear sir/madam,

I am writing this with deep pain with the kind of excesses committed by our local lorry owners association in mancherial, Telangana.

Lorry owners association prioritizes local lorries and they get 80% of share of all loads every day.

My father and my mother’s brother(uncle) purchased a lorry back in 2004 and were operating a lorry, which is driven and managed from then By my father and was part of mancherial lorry owners association.The lorry was registered on my Uncle name and he has membership for the same lorry in association from then.

In the early 2009 mancherial lorry association was split into two parts, one continued under old name and the other was named as coalbelt lorry owners association. Our family went along with coal belt lorry association. The 80% share was then shared between two associations based on number of owners with the respective association.

Days rolled by and changes happened in association and the current association leadership suddenly came down with the below condition which suspended members belonging to below criteria. They have chose members selectively:

1)There were some lorries registered on people from local area but their family members are making their living. Eg: lorry was registered on Mr.A who resides locally. But in reality the lorry belongs to a family member of Mr. A from another district.

The leadership of lorry association asked to prove that lorry belongs to Mr.A by doing below things :

1) show all relevant documentation that lorry belongs to Mr.A
2) Undertake a promise on god along with wife and children of Mr.A.
3) Two additional lorry owners from association also undertake a promise on god Along with their wife and kids that they know and believe the lorry belongs to Mr.A..
With this clause my family were not in favor of this illogical and inhumane way of dragging families.So we abstained from promise.We showed docs.

This way they suspended 22 lorries from association, though some of the lorries indeed really belongs to some one from local area but enjoyed by their relatives..I don’t see it as wrong as legally lorry belongs to someone local.

Coming to my case,
Every one in association knows the lorry belongs to my family And not my uncle individually. The lorry was existing from 15 years. 

Whatever these insensitive human beings did was to target us so that there won’t be any alternative leadership. My father who was making an earning was dragged in front of people as someone who committed crime from last 15 years..my father is also a local.

We want to teach them a lesson and 
1)get membership back
2)get compensation for stopping our lorry from three months and all the mental torture we faced.

To add, majority of lorry owners demanded to restore our priority as were there from 15 years. But association president and secretary did not want to keep us in association because of personal grudge.

What steps can we take to fix this?
Asked 4 years ago in Civil Law

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8 Answers

You can file a writ petition in high court for the same. It will issue necessary directions in your favour

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

File suit and seek court orders restraining lorry association from creating any obstacles in running of lorry by your family 

 

2) to restore your membership of association 

 

3) claim damages from the association 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

How  lorry association is stopping you from doing your business? If you are not a member can you not do your buiness freely. I just want to know how your business is being  affected for not being a member of the association.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

First you should serve them legal notice for restoration of membership and compensation for harassment before completion of 15 days of the notice date. 

If they refuse to provide you compensation along with restoration of membership then you need to file suit against the association for compensation and restoration of membership.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

issue a legal notice through an advocate and file a Suit Against the lorry association for Compensation and restoration of membership. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You have two options.;

You may approach consumer forum for unfair trade practice and deficiency in service against the association.

second option to approach civil court with a suit for injunction and also for recovery of the damage or compensation amount due to their illegal act of stopping your business

Discuss with an advocate in the local and proceed as per the suggestions received.

.

 

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

1. First of all lodge a complaint to the Registrar of Association where the said Lorry Association has been registered, about the illegal act of the said Lorry Association.

 

2. If you get no relief within next 15 days, file a Writ Petition before the local High Court against inaction of the said Registrar of Association making the  Secretary of the Lorry Association as the private party praying for relief from the High Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that association is putting the arbitrary conditions and that is also on those facts which are in existence since long.
  2. You should first serve them a legal notice stating to take back the arbitrary conditions and reinstate the disqualified members and also to compensate for three months loss.
  3. If they reply in negative or don’t reply to the legal notice then would advice you to drag them before the court of civil law to claim your right as what they are doing is simply against the principle of natural justice.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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