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sreekumar   11 November 2021 at 09:36

Cheating by co-operative society and developer

The multi-purpose co-operative society offered to its members sites in the proposed layout in 2013, (the rate fixed as per their offer brochure is Rs.699/- per sqft - total Rs.10,48,500/- for 1500 sqft) and collected first instalment (out of 4 equal instalment) and second instalment in 2014. 5 yrs both society and developer didn't develop the layout and allotted sites. In 2019 again they collected third instalment and hiked the rate to Rs.741/- (total Value Rs.11,11,500). Also society and developer jointly signed and issued allotment letters to members.
In 2021 they hiked the rate to Rs.950/- per sqft (total value Rs.14,25,000/-) and asking members to pay balance amount within 15 days. They say if members does not wish to pay this rate they can take back their amount paid as refund without any interest.
please advice what legal action members can take.

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Anonymous   10 November 2021 at 19:32

Fingerprint while booking u/s ipc 290

Dear revered lawyers in this forum,
Please note I was taken to the PS in 2008 while drinking in a park in my locality. I was put behind the bar in the PS for around 2 hours and then a person who introduced himself as a lawyer came and took Rs. 500 from me. Took my fingerprints on several documents and asked me to go back home. Upon asking him he said it's a case under section IPC 290 and it's a petty case. He also told me that if I want any document pertains to it I could collect it the next day from court or from him directly. He said he would pay the fine on behalf of me. So I never worried about it since then since he said it would be resolved and nothing to worry about.
But nowadays I wonder whether those fingerprints were uploaded into some sort of criminal database of India. I heard that in our country we have such a database present where they store the fingerprints of all the arrests made and convicts. Since I was arrested and then pleaded guilty and paid fine, were my fingerprints also uploaded in that database.

Looking forward to your valuable inputs in this regard.

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Anonymous   10 November 2021 at 15:14

Redevelopement of property without implimenting will

Ignoring the will of the father a single Redevelopement agreement was made and registered in 2009 for 4 legal heirs( Individual agreement is not yet made inspite of followup with builder)
building 90% complete in 2012 with 2 illigal floors.so BMC is not isuing BCC and OC to the builder till date and hence builder has not yet handed over 4 flats in redeveolped building till date.
Can a single legal heir terminate her consent given to builder for redevelopement of her fathers property?
Can a single legal heir proceed against tyhe builder for recovery at this stage as per the will of her father which was ignored?
What other legal remedies to proceed against the builder?
What are the consequences if she terminates her consent given to builder?at this stage

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Anonymous   10 November 2021 at 00:50

Suit filed for specific performance of 1st agreement

1st Agreement
Hello Experts
,Registered Agreement states July 9th 2020 To Whom it May Concern This is to certify that Mr.Kumar has expressed an interest to purchase a portion of land. We are willing to sell the said land, free of encumbrances at the agreed price of Rs. 20.0 Lakhs Mr Kumar will upon acknowledgement and agreement by signing of this letter deposit a non-refundable deposit of Rs 5.0Lakhs towards the purchase of the land, the balance of which is to be paid by on or before August 29th 2020, being the expiration date of this offer. Signed by Mother Son I agree with the terms and conditions of this offer Signed Mr Kumar August 20th 2020
2nd Agreement
Registered Agreement states July 9th 2020 Executors of the Estate of Badahl Kumar This is to certify that Mr.Kumar has expressed an interest to purchase a portion of land. We are willing to sell the said land, free of encumbrances at the agreed price of Rs. 50.0 Lakhs Mr Kumar will upon acknowledgement and agreement by signing of this letter deposit a non-refundable deposit of Rs 5.0Lakhs towards the purchase of the land, the balance of which is to be paid by on or before August 29th 2020, being the expiration date of this offer. Signed by Mother and Son

suit filed for specific performance of 1st Agreement
Defense:. Deposit of Rs 5.0Lakhs was refused because the claimant did not sign the 2nd agreement
Note Agreement changed from 1st Agreement To Whom It May Concern, to 2nd Agreement Executors of the Estate, Buyer bought property from seller before with agreements headed Executors of the Estate.
Question: What will be the action of the court on this agreement?
Is the 1st agreement void because of the 2nd agreement?

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Mani K   09 November 2021 at 21:59

We can add criminal case pw1 crossed witness in civil case

Dear Sir/Madam,
We can marked the criminal case pw1 cross examination witness for civil case evidence. Please give your suggestion.

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Anonymous   09 November 2021 at 21:54

Queries reference with filing service matter in cat

i am in government service and i need to challenge transfer order in Central Administrative Tribunal. I have few queries. Kindly provide me with your valuable guidance point wise.

1. Do i have to go to tribunal for every hearing or even once or only my lawyer will appear on my behalf?

2. In case in do not hire a lawyer, can i file my case myself?

3. Can i authorize an agent on my behalf and he can pursue the case in CAT? And do i have to go to CAT in this scenario?

Thank you.

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Praveen Kumar   09 November 2021 at 15:30

Harassment by landlord

Respected experts,My landlord is harassing me . Few days ago when I was going to my native place he took the key to my flat & when I returned back I found my room was in very bad condition . He did some fabrication work because there was some leakage right below my flat. Now the landlord is forcing me to pay repair costs & put blame on me that I had used the toilet cleaner & due to the toilet cleaner his drainage pipes got damaged which was not correct.  I had taken his flat in Dec,2020  &  on 1st jan,21 my father was expired  and my family mostly living  in my native place 
 Landlord is also charging excess electricity charges INR.5.5 per unit but the government rate after the exempted unit is INR 5/- when I asked him for excess electricity charges he forced me to leave his room or pay what he is charging .  Please guide me. What can I do against my landlord?

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Anonymous   09 November 2021 at 14:44

Additional area in redevelopment against existing balcony

In the redevelopment of building of parking + 4 upper floos, 'X' % additional area for existing carpet area for each flat is anticipated. A flat on first floor is having a carpet area of 750 sq.ft. and its attached terrace area is 500 sq.ft. How much additional area will be received against the existing terrace? will it be the same 'X'% / half of 'X'% / something else?

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Anonymous   09 November 2021 at 13:35

Construction is causing inconvenience in my society

Recently a builder has started construction in my area. Builder has all required permission and approval from MMRDA (not asked for Proof have taken his word for it). But his construction is causing lot of inconvenience to resident. Work start sometime from 8am and ends around 8pm. If we try to talk to him he says he will come next day and doesn't show up as well as stops work for 2-3days. Then again after few days he will start his work.
While I am aware Gram Panchayat does not hold any rights or sanctions on infra project since 2019, still I tried filling complaint of inconvenience hoping to get some assistance but it had no outcome. Need to understand how to get builder co-operate and live our life in peace.
It is causing more inconvenience as most of the resident are retired and almost above age of 60years. This unwanted noise of construction is causing mental stress and frustration. We just want a dialogue with builder to make him understand situation and work accordingly.
Hoping to listen from anyone who has worked on such cases. Want to solve this problem/issue in amicable way if possible.
Any suggestions are appreciated and thanking before hand to everyone who pitch in there thoughts and suggestions to deal with situation.

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Javed Ali Khan   09 November 2021 at 01:55

My tenant not paying rent for a long time

I am a co-owner of a building premises under Kolkata municipal corporation. The other co-owner is my brother. There are 12 self contained flats in the building premises. Out of 12 self contained flats, 1 flat is occupied by me and other flat is occupied by my brother. Rest 10 flats are occupied by tenants under monthly tenant agreement. Since, I have business interests outside Kolkata, I need to frequently go out of station. My brother who is mostly in kolkata, collects the rent from the tenants ( please note I have not authorised him in writing or given him the attorney power ) and furnishes quarterly statement of Receipts and expenses. Surplus of receipts over expenses like municipal tax, building maintenance are remitted to me via a/c payee cheque.
The latest statement e-mailed to me is somewhat fishy. The rent payment particulars of one of the tenants, who leads an unplanned financial life highlighting default in rent payment for 6 months. When I contacted that tenant, he said that his rent is in arrear for 1 month only. When I reverted back to my brother and raised the issue, he seemed to be a bit uncomfortable with regard to my clarifications. But my brother said that the tenant is lying and suggested that I need not 'worry' and that the rent in arrears would be realised from him very soon. When I again contacted the tenant, he seems to be irritated at my questioning and asked me to speak to my brother, to whom he has tendered the rents.
Now, it is very confusing, as to who is lying and who is being truthful. I am being gaslighted in this situation.
Further 2 days ago, I have sent an email to my brother seeking for further clarification, but he has not responded.
What should I do in this situation? In which direction should I move legally? What should be my immediate course of action to put it on records legally?

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