Legal Question in Personal Injury in India

In our society, we have a member who has got his open terrace covered and converted it into a room. The society objected to its covering and the BMC has also objected. He has filed a case against the society and BMC. He has concoted a new case saying that one of the members in the society had his eye on his flat hence has coerced the society to go against him and have given a complaint regarding his open terrace due to jealousy. How do we deal with this situation? The member with the open terrace has actually manipulated with the BMC to get his way and now wants one member and the society to pay for harressing him.


Asked on 8/25/09, 1:52 pm

2 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Approach court.

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Answered on 8/26/09, 12:33 am

You have not mentioned, against whom the case has been filed and what has been prayed for in the suit.

Also, keeping whose interest the question has been asked? Is it society or the so called "one member".

No need to pay any compensation, let the court decide the matter. Society should consult its lawyer and get the covenants of agreement between plaintiff and society checked to find whether any clause is there which prohibits the occupant/ owner to cover the open space.

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Answered on 8/26/09, 2:56 am


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