Civil suit inquiry

8 months ago

Dear Sir,

My name is Charanjeet Singh residing at Moti nagar , New Delhi

On July 2015, theft happened in our factory premises in Peeragarhi where everything including all type of machines, raw material, finished material, ceiling fans, tubelights etc. was robbed by our landlord. FIR was registered in the case (under Section 380/448). Currently the trial is in process and case is running in district court.

I would like to mention that, there was no formal rent agreement document between both us and our landlord since1988.

Before theft event, we were paying agreed rent via cheque and later via money order approx. 1200 rupees per month since landlord refused accepting the cheques from quite some time. After the event no attempt has been made to send the rent due to financial constraints and father’s health as he is paralysed.

My father is 73 years old. Since 2009 due to his worsening condition as a result of paralysis stroke in 2001 he used to visit the factory premise occasionally. He has been issued a Permanent disability certificate from govt hospital. Our factory work is in dormant state since 2009 due to his medical condition.

We have some bills of sale, purchase & labour job transactions done before 2009 for petty amounts along with 1 or 2 bills of stolen machines dated quite old.

I do have a pic taken inside our factory premise before the theft where I and my father along with1 machine can be seen. Since we were suspecting that something could happen as landlord has stopped taking the rent.

We have acknowledgement of an FIR lodged in 2013 when landlord sold a part of our factory space to our factory neighbour. We registered complaint in police but proven futile. We have photos for same as well where wall is getting build.

We do have acknowledgement of FIR mentioning that in 2014 landlord tried to threaten us and he has broken the lock of our firm and he will throw our items and everything out of the premise such as machines (clearly mentioned).

Post FIR, protection and safety was expected from police officials which was not provided. After this incidence, we gave accrued rent to landlord which he accepted.

Again landlord refused from accepting the rent starting January 2015 therefore we started sending money orders for same which as well he refused to accept.

At midnight in 2015 when theft took place, another tenant in landlord premises called & informed us about the theft. Landlord is running his own factory on the backside of our factory. Where he broke the window on the shared wall and entered in our factory premise and stolen everything.

The tenant who informed us of the theft, is my father’s friend but he don’t want to present himself as witness since his shop is also under the same landlord’s tenancy. Landlord has threatened all tenants from giving any statement in our favour. The day when theft happened, I sent an online email to police email address and got the receipt from Delhi commissioner.

I was out of station at the time of this theft. Next day after returning, I visited police station and lodged FIR in person and also visited our factory premise with S.H.O. where Video footage and photos were taken by police.

When we reached the backside factory, landlord workers were installing a door to cover the broken wall. Broken wall was newly constructed which is covered in the photos and video records submitted with court.

Investigation officer took bribe from accused and accused confirmed us verbally in person in one of the meeting after this event.

PCR was informed same night of theft. In the chargesheet, one of the former I.O confirmed the theft activity.

Matter is in court where accused had applied for bail and case state is Charge.

Currently I am jobless and I was thinking of taking the case back comparing the value of machines vs expenses happened and my current financial situation.

Having faith on the luck, I am now expecting to take a last chance via another lawyer, as I am not satisfied with our lawyer’s dedication in our case since past few dates.

Along with criminal case i.e already filed, proven futile in opposing bail of the criminal !
Additionally, If the complainent files Civil case in case of theft of their articles agaist the criminal(thief).
What will be the loss in case complainent loses the cases against the criminal? I have heard if the complainent fails to win the Civil case, complainent has to bear the legal fees of the opposite party (i; e the one who did the theft) Please advise me on this, up to what extent it is true??

Awaiting for your revert.


Kind Regards
Charanjeet Singh