How to file claim money lost in damages
i had filed a criminal 420/448 case back in 2002 ,now that case is about to restart ,and i was awarded the money in 2003 Jan .I lost everything in the process. back then and continue suffer consequences of the defendant actions.Now my question is how can i get back the money i have lost?I know there is a time limit of 3 years but i never withdrew the case and all my losses have been in relation to this case.and my losses would continue to rise if have to continue with trial.The agreement also said the defaulting party would be responsible for all the expenses ,Losses and damages.
Asked 3 years ago in Civil Law from Faridabad, Haryana
why the case is starting again
Advocate, New Delhi
we cannot advice without knowing the complete details of case you filed in 2002 . what was the money awarded in 2003? .
have you file summary suit for recovery of money lost within period of 3 years . ?
You had filed the case in 2002. What was the amount of money awarded in 2003? Was there a stay order owing to which the case remained suspended? It is necessary to know all the facts of the case before advising you.
the case is now in witness prosecution.the defendants made me transfer the property documents in their name and after that they did not pay the remaining amount and forced me to move out the broke in and started breaking the flat down.then after we filed the complaint in local police ckowki he agreed to pay the remainder in the next 30 days.but within this time he filed a case against me ,in which he forged my deceased husbands' signature and made up a bogus hand written receipt saying he had taken money for the sale of the flat on a piece of paper just before his death.any way the facts they showed in the case dosen't and did nothing but contradict their case.Anyway after that we had no option but to file the f.i.r.when their bail was not granted they had to pay me the remaining amount and withdrew the case they had filed.this process of getting the money they owed me took everything from me ,i had bought a plot which i had to sell for a loss because he had not paid me anything for six months and i was totally broke and had no money to carry out a case against him.although the case is in mediation now i have very little hope of getting much out of him.Pretty sure he has bribed the mediator .i have been suffering the consequences of these peoples' actions for the last 12 years ,i have been living in rented homes just because of their actions.how can i get a decent compensation out of them and can i file a harrasment suit?i am physically ailing and paying rent is draining me.back then i had sold the flat to them for 1/3rd of its market value still he did his best to throw me out on the street with my two little children.the plot is valued at a really high price now .i had sold the flat for 15 lakhs and he owed me 7 lakhs when last lived there ,they paid me a lakh in police chowki and managed to get me to agree for 5.25 and that is amount i got .i lost more than half of it in the process along with every thing else .the property(a H.I.G flat) i sold was in kalkaji extn .New Delhi.the court had trouble contacting me since i had moved.how can i get a decent compensation?all my losses have been in relation to this case and the agreement stated clearly the defaulter would be liable for all the expenses along with loss and damages.if i settle for a small amount to withdraw my case can i still file harassment suit against them after that?
Asked 3 years ago
once settlement is arrived ,then ideally you should not file suit
Advocate, New Delhi
1) mistake you made was transferring property in name of defendants .
2) if signature of your husband was forged you should have filed complaint of forgery , cheating against the defendants
3) for getting decent compensation your lawyer will be your best guide .
4) once you settle for small amount in full and final settlement of your claim and with draw the case you cannot file another case in this regard .
If you settle for a small amount and withdraw the case then it will foreclose your right to file a case for harassment.