Legal Question in Constitutional Law in India

bmc robs my car,fines 5000 when rto has no issues with my cars parkd on rd.end

what is the highest compensation claimable from BMC mumbai for this act ,through high court appeal for mental trauma and harassment due to BMC unlawful and wrong notices, their forceful pickup of my vehicle from residence demanding a fine of 5000 rupees and indemnity bond to return it to my driver aside from other inconveniences.This occured after the courts verdict and when the vehicle was yet again NOT in any violation and parked at a dead end.

BMC has acted by false and fabricated claims which ,i intend proving ,since it is not practically possible to park on storm drain owing to its design. i intend drawing the media attention to this illegal act. The stay earlier sought was entirely in our favor ,until the very last minute where some so called old senior lawyer (3 lac/ hearing) hired by BMC managed to get the bmc notice justified by court on grounds of disputed statement of vehicle parking being beyond the courts verifying ability. Though my lawyer had photo evidence to prove our vehicle parked rightly, (and was also prompted),he did not show it ,only chosing to highlight sec 313/4 laws. this was unfortunately why the notice was upheld . Reappeal ,claims & dismissal of corrupt officers is on my mind..pls.advice- thanks.


Asked on 2/03/09, 3:44 pm

3 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: bmc robs my car,fines 5000 when rto has no issues with my cars parkd on rd.end

your lawyer who is acquainted with total facts can advise you better.

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Answered on 2/04/09, 1:07 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: bmc robs my car,fines 5000 when rto has no issues with my cars parkd on rd.end

You may consult your lawyer.

OR

Please mail me detailed facts as to formulate some advise for you.

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Answered on 2/04/09, 5:36 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: bmc robs my car,fines 5000 when rto has no issues with my cars parkd on rd.end

the law of tort / damages for civil wrongs has not taken much ground in India. the court may hardly award any damage against BMC.

If you want to maintain your sanity and peace of mind, you better wait for some other opportunity to implement your 'revolutionary' ideas.

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Answered on 2/03/09, 5:05 pm


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