Kiran Kiran
24 November 2021 at 07:25
I have won the case in Lower Trial Court and Appellate court (Case was since 10 years now got the judgement).
Accused was absent on the Judgement day.
Accused went to high court for Criminal Revision, but High court dismissed the petition and ordered him to surrender in the Lower Appellate court for further proceedings.
In the mean while Lower Trial Court has issued an arrest warrant on Accused. but he was absconding, but after 1 and half month Accused was caught. He was sent to Imprisionment, its been past 1 week but till now he did not move any bail petition,
My concern is if he accept the imprisionment then how can I recover the amount, Accused has few properties, Accused is a business and realestate person. If Accused does not respond, can we file EP on the basis of this Judgement?
1) What would be the next step to recover the money.
2) Civil Case : already 10 years passed, can we go for Civil Case
Please given Suggestion
Anonymous
23 November 2021 at 22:28
We have filed declaration suit. There was a simple Mortgage deed executed by plantiff in favour of defendant. We have given the certfied copy of the mortgage deed along with plaint. However, original is with defendant.
Defendant has denied the execution of mortgage and he is claiming the property is as his own. Revenue records were also changed to his name behind the back of platiff.
To produce the certified copy of mortgage deed as a secondary evidence and also to prove the execution of mortgage under section 68 of evidence act, under which order plaintiff need to give notice to defendant to produce documents
is it under?
1) order 11 rule 16 or
2) order 12 rule 8
Anonymous
23 November 2021 at 12:28
Little lengthy - but its urgent- kindly guide me.
BRIEF NOTE BEFORE DETAILS: Main reason for posting here is because someone from the Ombudsman office (Assistance Secretary to Ombudsman (A.S.O), who was with the judge in the hearings) has been calling me several times asking me (literally threatening) to withdraw the cases and settle with a compromise with the Insurance company (the terms of which he will speak to company and arrange) or else I will not receive any refund and cases will be reversed. Inspite of that I went ahead with the hearings based on someone's suggestion.
BACKGROUND
My father is 80+ and suffering from Alzheimer's/dementia. He receives a pension of 25K per month. Prior to the diagnosis of his disease, he fell victim to mis-selling of 13 insurance policies by 2 agents in just 2 yrs time - total premium around 25Lac p.a for 5 - 6 years. From what the doctor told and from learning more about Alzheimer's, it is clear that he had serious memory decline already at that time and was not in a position to handle financial decisions. The agents have misguided him heavily as he was not in a position to oppose when they were dumping policies to him. My parents were staying in different location at that time and I was not aware of any of his finance etc.
They are all life insurance policies given in the names of me, my sister, my mother and my daughter. In some cases agents have filled wrong salary and rental income details in the proposal form for myself and my sister whereas both are home-makers and have no personal income. I was not aware that so many policies were given and secondly my father had told they were like FD to avoid tax from some maturity amount he received so I thought it was only one time investment. After 2 years,( in 2019-2020) the policies started lapsing and by this time my father had total memory loss and is not in a position to even remember anything. I got to know all this when I started receiving several calls on my fathers mobile for premium payment. After a lot of research I understood that the agents had sold policies knowing somehow about his maturity money and must have definitely known that he cannot pay more that 2 yrs premium.
First I raised complaint with the companies. Some 5 polices have been cancelled and refunded by the company itself, these are lower value polices < 1 lac per annum.
For the others where the company refused to cancel and refund, I had raised complaint earlier this year with the local Insurance Ombudsman and the Policies have now started to come up for hearing with ombudsman, on different dates.
1) In the first case, policy is in the name of my daughter with my father as proposer. Ombudsman asked to refund the amount due to some technical mistake in selling- grandfather to grand daughter
2) Second policy, in my mother's name (she is the proposer and life assured, currently 69yr old) In this 3 premiums totally 2.4 lacs have been paid. The judge said since my fathers name is not involved in this, he cannot treat this policy like the first one. He has ordered the company to make it a single premium policy.
3) In the third policy, my sister is the proposer and life assured. Premium around 2.5Lacs Half yearly and 3 premiums have been paid. My sister is uneducated and no personal income. The judge questioned the company how they could give policy to someone with no capacity to pay premium - sum assured is 50Lacs. They have given them 2 days time to contact the broker company and come up with the explanation. I am waiting for the ombudsman decision.
My queries:
1. In the case where policy is converted to single premium, will the insurance company deduct some amount as administration charges etc or is the full amount taken for premium.
(The ombudsman did not mention about any deduction but the A.S.O who called me again after hearing said there will be deduction.)
2. Given the heavy mis-selling, should the judge not order for refund all amount even if it is in the name of my sister or myself. He said he would not treat all cases same as they are in different names.
3. The policy in my name is nearly 7 Lac per annum premium. And 2 yrs premium paid. The A.S.O has warned me again for this that if I go for hearing, the ombudsman will reject my case as I am educated. So he said he will talk to company and settle something and I should withdraw with compromise. Is he guiding me correctly?
Anonymous
23 November 2021 at 12:26
Little lengthy - but its urgent- kindly guide me.
>>>
BACKGROUND
My father is 80+ and suffering from Alzheimer's/dementia. He receives a pension of 25K per month. Prior to the diagnosis of his disease, he fell victim to mis-selling of 13 insurance policies by 2 agents in just 2 yrs time - total premium around 25Lac p.a for 5 - 6 years. From what the doctor told and from learning more about Alzheimer's, it is clear that he had serious memory decline already at that time and was not in a position to handle financial decisions. The agents have misguided him heavily as he was not in a position to oppose when they were dumping policies to him. My parents were staying in different location at that time and I was not aware of any of his finance etc.
They are all life insurance policies given in the names of me, my sister, my mother and my daughter. In some cases agents have filled wrong salary and rental income details in the proposal form for myself and my sister whereas both are home-makers and have no personal income. I was not aware that so many policies were given and secondly my father had told they were like FD to avoid tax from some maturity amount he received so I thought it was only one time investment. After 2 years,( in 2019-2020) the policies started lapsing and by this time my father had total memory loss and is not in a position to even remember anything. I got to know all this when I started receiving several calls on my fathers mobile for premium payment. After a lot of research I understood that the agents had sold policies knowing somehow about his maturity money and must have definitely known that he cannot pay more that 2 yrs premium.
First I raised complaint with the companies. Some 5 polices have been cancelled and refunded by the company itself, these are lower value polices < 1 lac per annum.
For the others where the company refused to cancel and refund, I had raised complaint earlier this year with the local Insurance Ombudsman and the Policies have now started to come up for hearing with ombudsman, on different dates.
1) In the first case, policy is in the name of my daughter with my father as proposer. Ombudsman asked to refund the amount due to some technical mistake in selling- grandfather to grand daughter
2) Second policy, in my mother's name (she is the proposer and life assured, currently 69yr old) In this 3 premiums totally 2.4 lacs have been paid. The judge said since my fathers name is not involved in this, he cannot treat this policy like the first one. He has ordered the company to make it a single premium policy.
3) In the third policy, my sister is the proposer and life assured. Premium around 2.5Lacs Half yearly and 3 premiums have been paid. My sister is uneducated and no personal income. The judge questioned the company how they could give policy to someone with no capacity to pay premium - sum assured is 50Lacs. They have given them 2 days time to contact the broker company and come up with the explanation. I am waiting for the ombudsman decision.
My queries:
1. In the case where policy is converted to single premium, will the insurance company deduct some amount as administration charges etc or is the full amount taken for premium.
(The ombudsman did not mention about any deduction but the A.S.O who called me again after hearing said there will be deduction.)
2. Given the heavy mis-selling, should the judge not order for refund all amount even if it is in the name of my sister or myself. He said he would not treat all cases same as they are in different names.
3. The policy in my name is nearly 7 Lac per annum premium. And 2 yrs premium paid. The A.S.O has warned me again for this that if I go for hearing, the ombudsman will reject my case as I am educated. So he said he will talk to company and settle something and I should withdraw with compromise. Is he guiding me correctly?
Naresh Gupta
23 November 2021 at 12:17
I want to rent out my house. I had read somewhere that "Rent Agreement" should be replaced by "License and Leave Agreement" because Rent Agreement can legally make the tenant the owner of the house. Please guide as to which agreement should be made.
Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp
Env Coord
22 November 2021 at 21:02
Hello Lawyers & Advocates,
I am prosecuting a civil suit (recovery of money) as party-in-person. I wanted to know the procedure for filing an application for inspection of my case file.
What is the procedure to do so ?
What are the costs involved ?
Any court-fee is required to be paid again, inspite of paying court fees while filing the suit ?
In there any proforma or format for making an application for inspection of court file ?
Awaiting your advice.
BEST REGARDS,
VISHAL SAHA
Navi Mumbai.
advocate2301@gmail.com
21 November 2021 at 17:04
Does the Rajbhasha Act makes it compulsory to make correspondence for a Govt undertaking Deptt to make correspondence with their contractors in Hindi ?
Please opine.
Kiara
21 November 2021 at 11:49
I had deal with the carpenter named soundhar & sonu for my pending interior woodwork. But both are not coming to do the work. They keep on delaying the work and make lame excuses for the same. Whenever i call, Soundhar doesn't pickup. My house is filled with dust, nails, woodchips. It has become difficult for me to live with this. I have all call recordings with him. which i am unable to upload here as there is no option to do that. I am really harassed by him, as promised to complete the work by 12th Nov, 2021 only and still it has not been completed. The major problem is that he make fake promises and delayes works. Although whatever materials he is purchasing as per him, he is keeping it with him. Everytime he says he need money to buy more materials . If i don't give it to him, he says he will no come for further work. Meanwhile sonu also does the same thing. He is working somewhere else after taking money from us. Daily he says that he will ask soundhar to come. Both are colluding to harass me.Daily we are calling and he is giving excuses.they have already taken 50% of the total payment.he is not returning the money nor coming to work.
nice babu
21 November 2021 at 02:03
Sir iam taken money from one persone. I given checks to him for that amount.he transferred money through my bank account.only I given checks only not any propmessory note to that amount.later I unable to pay that amount to him . because of my bad situation.he approached a civil court for recovery of that money . He submitted all documents like checks bounce details to court .but he prepared fake propmessory note with my signature . he don't serve notice to my adress.i don't knowledge about this case unless he got order on his faver I mean exporty order passed by the court. Iam actually trying to close this issue with compose with out side with court but now he got court order on his faver..my intation is to pay the money to him after some time .present situation I don't position to pay that money.please help me in this issue sir
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