1) What is cognizable and non-cognizable offenses.
2) Supposing the licensee is prevented by some residents/member of a housing society, does the Licensor has locus standi to file wrongful restraint complaint?
3) Supposing a criminal complaint is pursued in person, what are the chances of getting favourable orders?
4) Supposing The Co-Op. Hs. Society has not passed necessary resolution to charge interest on defaulted amounts of members and CHS is asking interest and also using coercion/arm twisting methods rather than taking legal remedy of recovery of society's maintenance dues, does it become an act of extortion or this position of inability of charging interest has to be declared/ordered by a civil court?
Asked 4 years ago in Criminal Law from Mumbai, Maharashtra
Thanks Mr.Feroz. I have read that asking more money than ceiling passed for transfer of flat, the issue is treated as extortion. I do not remember that whether it was view of a lawyer or it's judgement but I am inclined to believe that anything asked in excess of due and by coercion, it would amount to extortion. I feel, plain reading of Sec. 383 of IPC with explanation could be interpreted by The Court as extortion. However, my IPC book is 0f year 2006 and don't know any amendments.
Asked 4 years ago
Any individual can be punished for wrongful restraint provided there is/are proper evidence/s available on hand (Q. 2& 3).
(Q.4.) No, it is not an extortion, though it is technically deficiency in services by the Managing Committee and can be contested in Consumer Court or with the Registrar.
Advocate, Navi Mumbai