dannyboy

In India, there are numerous incidents wherein Apartment Associations because of self centered and megalomaniac office bearers have disconnected the water supply to certain Apartments causing extreme hardship and inconvenience to the resident and his family. There is no help from the Police to protect the residents right and he having no other alternative, decides to file a civil suit for damages and restoration of Water supply. Is it not ironic that the Court accepts the case and the poor resident has to wait for years for justice. Cannot such cases be tried by a Magistrate immediately on filing and interim orders for restoration be given and then tried by a Judge of the Civil court. It would be better if stopping of water supply is declared a crime and and the case be tried in a Criminal Court. This will surely scare the egoistical, megalomaniac and stupid self styled Office bearers in indulging in this inhuman method. And why does this happen in India only. Can we still expect a reformation in the laws, or let these criminals enjoy our discomfort and helplessness. Can anyone tell the affected resident from where he can seek relief from these criminals.

After completion of all the hearings, the plaintiffs lawyer sold himself to the defendants and got the case dismissed( by default). He made sure the plaintiff was not informed to contest the dismissal and also made sure that the plaintiff was unaware of it for an year, blaming the plaintiff by saying he was not in touch. For this the Plaintiff had to suffer for trusting his counsel. And even today he informs his client in vague terms or tries to avoid him.

Is there a succour to the Plaintiff from such acts by his own Counsel.

They start with the usual line" A complete cure is not possible, but we can at some time at least get the patient to near normal. They start with prescribing expensive drugs and change the prescription after a month. My observation is that there is no change in most of the patients behavior, despite several sessions and the patients are left to their fate and the Psychiatrist continues charging high fees stating that the treatment is on an ongoing basis and there will be a change to normalcy at some time. This continues for years. Are they capable of diagnosing or just experimenting with the usage of drugs, hoping that one of them might bring a change. The parents or wards of the patient are helpless in the matter as they have no other option than to place their entire reliance at the mercy of these Doctors. Advice and guidance from the experienced few will very much be appreciated.

Is the ruling applicable to all the Municipal Corporations and Municipalities all over India. There are illegal constructions existing in every place, and will Judicial intolerance be applicable to every jurisdiction in India. Will the Municipal Corporations and Municipal bodies be accountable for not carrying out the demolitions.

The civil suit was filed for restoration of certain rights and a claim for damages were made. All the evidence details were submitted and cross examinations have been completed about 9 months back. Generally how long does it take for the District Judge to deliver the verdict. The plaintiffs are very senior citizens who have been waiting since then.

We are still following the Legacy left behind by the British, even after 64 years of Independence.The same unwanted court vacations, the same black coats and collars for lawyers despite the British doing away with it. Why was no attempt made to revamp the Judicial system to suit our Indian needs, and for speedier Justice? What is the Ministry of Law doing in the matter? I think our Judicial system is the worst in the world even compared to underdeveloped countries. The huge backlog of cases pending disposal must be the highest in the world. Justice even for emergency matters including Violations of Fundamental rights takes years and even decades. A majority of the litigants do not live to see the justice that is meted out. Does not the saying"Justice delayed is Justice denied" sound like a joke in India. I would like your valuable suggestions and opinions in the matter. Your response will be highly appreciated.

My friend owns a 3 bed room Apartment in one of the Posh localities of the city. Unfortunately even after 18 years of its construction, the association is not Registered, and is run by some persons, who are megalomaniacs. The office bearers and some of their sycophants never used to pay the monthly maintenance charges and used to charge the other member tenants with some false expenditure to make up for the deficit. The Tenants who had rented the apartment left without paying the amounts and nothing could be done by this self styled Association. My friend, being the owner, refused to pay the amount charged by them illegally. In fact, they had the audacity to claim the amount without issuing a proper bill which was always unsigned. My friend got some of the bills signed by them. Moreover, they never issued any receipt for the amounts paid and started acting like as they were the controllers of the Apartment complex. Two years back, they cut off the water supply to my friends apartment without any notice, either oral or written. My friend lodged a Police complaint, but as you know the Police in India are an ineffective lot and some amount changed hands under the table and they just kept quiet. He repeated the complaints thrice and finally on the third occasion, an educated and polite Sub Inspector of Police( a rare breed) advised him to lodge a civil suit claiming damages. After 15 months my friend lodged a civil suit seeking restoration of the water supply and damages for the physical and mental agony suffered by him. Fortunately for him, he was able to submit all the relevant evidence, and the case was very much in his favour. During the tenure of the case, these defendant submitted a false and fabricated certificate of registration, which was proved as invalid by a letter from the Registrar. It has been more than 15 months since my friend filed the complaint and all the hearings are over about 4 months back, and he is waiting for the verdict. He has been subjected to a lot of inconvenience due to the cutting off of the water supply. In the meantime, these megalomaniacs are sending out feelers to settle the matter out of court. But my friend is made of sterner stuff, he wants justice in the matter, having endured the hardships for nearly 32 months. My friend knows justice will be done, but the delay in the verdict is causing a lot of hardship to all his family members, who have supported him all along. Why is the legal procedure so slow in our country, even when a fundamental right, like right to water is violated. It comes under the purview of Section 12 of our Constitution, and is classified under right to Life.My friends lawyer is a lawyer of repute and very sincere in his efforts. But the legal system is very slow in its functioning, and no wonder that there are a huge backlog of pending civil cases. My friend had submitted affidavits explaining his problems about the delay, as he is still suffering as he has to make alternate arrangements for his water needs. Is there any way in which the verdict can be quickened. My friend would be grateful if a learned lawyer will be able to provide the answer. Just hope that a lot of respectable and learned persons view this letter and treat it as a cry for Justice.