By Mahesh Mehta
My Housing Society prohibited me from hosting India/Foreigner Guests and levied enhanced penalty of Rs. 3000 per day for its non-compliance. They physically stopped entry of my guest and from that time my hosting activity came to standstill. They have passed highly vindictive resolutions against me including expulsion for my only crime of approaching courts and authorities for redressal of my grievance.I have suffered a loss of rent income of Rs. 18 lacs(provable) during the period of one year of stoppage of the activity apart from somewhat similar loss suffered earlier for society wrongfully not allowing me to keep paying guests and also suffered a lot of physical strain and mental agony for more than three years doing running around to various courts and authorities(compensation for the same can be at least Rs. 25 lacs) leaving aside all other activities.
I approached the Co-op Court and DCF for the grievance redressal, injunction and compensation.
The Co-op Court has given injunction order in my favour, giving all the hints in the long order that final order will in all probability be completely in my favour, and the dispute is getting heard thereafter. The CAC, before whom the society went into appeal against the order has rejected their appeal.
The SCC Appeal order has been given completely in my favour and they not only set aside the DCF Order which was somehow managed by society against me but also took all decisions on behalf of DCF in my complaint to them in my favour. So a complete hassle free hosting and removal of all penalties for me. I will have to give an indemnity to society if my guest cause any damage to it. That is no problem at all.
Only negative is, it has awarded Rs. 5000 as cost but no compensation at all saying that they have an opinion that society acted in good faith. However, it is apparent that the society has acted in worst possible bad faith. Looks like, SCC has missed looking into this aspect.
I am looking for full compensation and therefore thinking of approaching National Commission only for decision on compensation aspect.
I have not kept any advocate to fight cases before various courts and authorities and represent myself.
You may let me know in case you need any further information in this regard. If you suggest, I can send you copies of Co-op Courts and Consumer Courts – in all 4 judgments and thereafter meet you.
I will very much appreciate your help in this regard by giving me case laws/articles, in case you know.
I C Naik
You have fought the injustice single handed and successfully. Hats off! I would like to go through the orders and would certainly join in your fight in maximum possible way.