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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Mahabub   22 September 2011 at 11:26

Delay in possession of flat , complained at consumer court .


Dear Sirs ,

We booked 3 flat in G+3 building. Total no’s of flats are 6. Out of 6 flat 4 are builder allocation flat & 2 no’s land owner allocation flat. We are 3 associate (applicant) who did the sale agreement with the builder (booked the flat) for builder allocation flat. The sale agreement with builder made on different date with the different associate & date of flat delivery was also different.
Date of delivery was Dec 2009 for associate 1, Feb 2010 for associate 2, June 2010 for associate 3.
We did the sale agreement on Rs. 10 / 20 stamp paper. Till date we have paid almost 80 %– 90 % of the total flat value base on that agreement. We paid as when builder demanded for money.
As of now builder has not completed the building & could not handed over the flat to anyone, even land owner is also suffering same way. It is already 1 yrs 9 month over from committed date of delivery.
Jointly We (three associate) logged complain against the builder & landowner (as landowner is a confirming party in sale agreement) at State Commission (State Consumer Disputes Redressal Commission),
We jointly appeal at State Commission (State Consumer Disputes Redressal Commission), the reason of appeal at state commission was
A > our total flat value (jointly) is around 32 Lac (Applicant 1 flat value is 11 Lac / Applicant 2 – 12Lac / Applicant3 – 9.5 Lac).
B > All applicants have same interest, cause of action same,
C> same building & builder (opposite party) is also same.
State commission is accepted this complain & it is running at state commission
As of now Completed 8 hearing, we have submitted the evidence & opposite party suppose to submit the questionery at the next hearing. Interm order passed on 3 flat by state commission for not to sale / any transaction.

At this stage Opposite party (builder) submitted the petition & Appeal for hearing on the following points.
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1. The sale agreement made on 10 Rs. Stamp papers, so we have not followed the Indian stamp duty act, so agreement is not valid & requested to cancel the agreement at court.

My question: - Base on that agreement already we have paid 80 % – 90 %, now can court reject this agreement or can this case dilute in future base on this appeal. Is this agreement valid in view of court / law?

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2. Builder Challenges that we are not consumer at all.

My question: - In view of consumer protection act / Law, are we not really consumer here?

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3. Builder challenges that we cannot jointly log complain at state commission.
“ Our total flat value is around 32 Lac ( Applicant 1 flat value is 11 Lac / Applicant 2 – 12Lac / Applicant3 – 9.5 Lac ) , all applicants have same interest , cause of action same , Same building & builder is same “
Due to above reason consumer forum suggested to log complain at state commission not to district commission for faster solution & state commission is accepted this & case is running .

My questions :-

Have we taken right approach to log complain in state commission?
Is opposite party right?
Can we not log complain jointly at state commission in our scenario?
At last moment (at final hearing) is there any chance that state commission can give direction to go lower court on base of their appeal.
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If you kindly give your inputs ..


Anonymous   22 September 2011 at 03:40

Power of attorney

If the full power of attorney given to some one and after taking back the original, can it still be misused by photocopy of the original, pls reply. thaking you

Anandakumara MB   22 September 2011 at 00:35

Partition and injunction , hindu succession



Client age about 65 yrs, The property in the name her mother( Self) about 2 acre and her father ( ancestral) 15 acre land. The brothers were partitioned on 1989 with panchayath parikath ( karnataka) regarding the partition my client no knwledge and no statement and signature and she have 2 sisters was same was done.

The partition was done for the father's ( ancestran property ) and katha transfered to 4 brothers. The brothers were applied for the katha transfer of Mother (self ) prperty, client given objection to katha tranfer.

NOw i want to continue for the civil matters as Partition and injunction of Both mother (self) and father's (ancestral) property.

Is there any alternative remedy in law???

Any related Citation please help

It is very urgent in critical condition????


mohd sajjad   21 September 2011 at 17:52

Agpa validity

My father took private finance from afinancer of rs 25 lakhs. the financer executed AGPA( agreement of sale cum general power of attorney) in march 2009. we paid interest for about 6 months @ 4% per month. well my father expired on 11th december 2010. now the financer has vacated all the tenants of our property on whose AGPA is there and has locked the premises. The original tittle deed is with him only. well can he take possession of property by vacating the tenants . what will be the responsibility of tenants as they hold a valid tenency agreement with us . they too have collided with him and paid rent directly to him for 3 months and after that they vacated . they are threatening us to go leggally against us and pressurising us for return of security deposit. Is the AGPA agreement still valid after the death of my father . Kindly suggest a solution how to deal with this problem legally and to protect ourself from the antisocial elements of financer.

sarthak   21 September 2011 at 17:43

Increase in rent

Sir,
My father own a house, in that property my grandfather give ground floor on a rent but those days rent charges from tenant only Rs.20 pm. The same rent is continued till date and tenant was also not staying in that property for more than 7 years. Is there any right to increase rent.
Thanks.

sarthak   21 September 2011 at 17:30

Tenancy right

Sir,
Please give brief information about Tenancy Right.
Thanks.

Anonymous   21 September 2011 at 16:45

Sell of land without having mutation done

Hi,
Is it possible to sell agricultural land where the mutation is not in the name of person who has the title of the land.

Thanks

RASNA   21 September 2011 at 15:45

Wakf land before

Dear Sir,

I purchased a property which before showing in documents is for wakf but the agent said it is clear and sold to me and it is notary not registered.

the property is in Hyderabad, rajendra nager mandal (survey number 316).


please advice is it right thing or i need to cancel my deal how did u advice.

Thanks for cooperation

Anonymous   21 September 2011 at 15:35

Illegal tenant eviction by landlord

Hello !

I am landlord of a building in Masjid Bunder (Mumbai) which was inherited by me 5 years ago.

In few of the rooms, the original tenants have sold their rights to Mr.X without my knowledge and thus I have not been able to collect rent, municipal taxes, etc. for these particular rooms since past 5 years.

Now, as a landlord, I would like to know what are the options that I have to evict the illegal tenants (like Mr.X) from my premises and regain the possession of the rooms.

Your detailed response and advice will be deeply appreciated.

Thank you to all in advance.

Anonymous   21 September 2011 at 14:28

Gazette for kere nirmaanakkaagi bhooswaadheena in 1965

why don't u can have the copy of gazette scanned and uploaded to your site so that needed gazette can be viewed or can be downloaded Mr.Shailesh Kr. Shah has suggested to as per RTI Act we have to approach concerned Authority who is that concerned Authority.....