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Can the applicant file a suit in a court for recovering the damages after 26 years of

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Old Dec 13th, 2007, 03:16 AM     #1
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Question Can the applicant file a suit in a court for recovering the damages after 26 years of

The time taken for getting the status of action taken on the application made by claimant to a public authority, who sells and develops plot of land for residential and commercial purposes is more than 20 years. The applicant had been making regular efforts during this long tenure by writing, sending reminders, meetings with having trust and faith in the public body. They had not been giving written reply to the applications, letters but verbal assurances were always given to resolve the issues. Now with the help of Right to information Act (recently enacted in our country), the status is known and it is surprising and caused financial loss. Can the applicant file a suit in a court for recovering the damages which were caused due to misrepresentation of facts (evidence is available) by the defendant. They had forefieted the part money deposited along with the application in the year 1000.00. Total time elapsed from the date of the incident is 26 years.
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Old Dec 14th, 2007, 04:05 PM     #2
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Default Re: Can the applicant file a suit in a court for recovering the damages after 26 years of

Why was a court action not taken to force the resolution more quickly?
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Old Dec 15th, 2007, 08:58 AM     #3
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Default Re: Can the applicant file a suit in a court for recovering the damages after 26 years of

Because the respondent was giving verbal assurances to look into the matter and resolve the problem from time to time in different meetings. No replies were given to written requests. No awareness about the action taken on applications and in the absence of reply and any document it was not possible to approach the court.
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Old Dec 17th, 2007, 12:50 PM     #4
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Default Re: Can the applicant file a suit in a court for recovering the damages after 26 years of

You may have waived some rights taking so long to act, but you could certainly try to sue if the latest statements or promises made to you were in the last couple of years.
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Old Dec 20th, 2007, 12:07 AM     #5
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Default Re: Can the applicant file a suit in a court for recovering the damages after 26 years of

Thanks.

We had maintained full trust in the Public Body till the recent time. We did n't come to know their actions and decision on the application/s reminder/s submitted. Even now also we have taken the help of Right to information act, which recently came to force in India. Otherwise we would have been continued to be bullied for future years also.

What kind of rights have been waived under this situation.

Now our suit needs to be carefully framed. Could we be suggested any names of learned lawyers in India since it is very very difficult to find a trustworthy one?

Best Regards,
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Old Dec 21st, 2007, 11:33 AM     #6
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Default Re: Can the applicant file a suit in a court for recovering the damages after 26 years of

World Law's lawyers could also probably intervene and help resolve this if need be. You may email them on the home page.
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Old Dec 23rd, 2007, 03:51 AM     #7
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Default Re: Can the applicant file a suit in a court for recovering the damages after 26 years of

Email address please?
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