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MRIDUL KALITA   28 January 2022 at 12:56

Regarding ta and da

All expert are request to give the Rule position and comments on following querries--

1.One Gr.B officer visit any place on official purpose ( i.e 300 km away from normal duty point ) and return to his headquarter on the same day ( Hours of absence 11 Hours) . In this case his journey is treated as "Local Journey" and DA will be paid at 35 %. Is this decesion of authority in order? As I think he should be paid 70% DA.

2. RoadMileage--In case of journey to be performed by Road ,(beyond Local Journey) , whether any prior permission is to be obtained in advance from higher authority to use own scooter or own car and to claim Road Mileage @12/-per km and @24/-per km accordingly.

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Javed Ali Khan   24 January 2022 at 21:44

Fair rent case

I have filed a petition for fair rent u/s - 17(6) of the west Bengal Premises Act in 2014 before the Additional Rent Controller at Alipur judges Court, Kolkata. The opposite party is my tenant. The matter is still as of date lingering since 2014. The hearing date was fixed several times. But due to reasons like the opposite party was sick, the post of the ARC was vacant for a long time, then covid - 19 pandemic, till date the hearing never happened. Is there any way to apply for speedy disposal of the case with the higher court?

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Sandip Joshi   23 January 2022 at 18:19

Hydraulic parking charges in a apartment society

Sir, I stay in a newly constructed apartment society in nashik. Society consists of 172 flats with 88 covered parking and 84 hydraulic parking. Those who are alloted covered parking say since there is no expense on covered parking they shall not contribute towards maintainance of hydraulic parking which is roughly ₹5lakhs per annum..
Whereas those who are alloted hydraulic parking insist that every member should bear the expenses.
What is the legal status ?

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Sandip Joshi   23 January 2022 at 18:17

Hydraulic purchases in a apartment society

Sir, I stay in a newly constructed apartment society in nashik. Society consists of 172 flats with 88 covered parking and 84 hydraulic parking. Those who are alloted covered parking say since there is no expense on covered parking they shall not contribute towards maintainance of hydraulic parking which is roughly ₹5lakhs per annum..
Whereas those who are alloted hydraulic parking insist that every member should bear the expenses.
What is the legal status ?

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Pankaj Karmarkar   23 January 2022 at 12:14

Transfer of property

Hi,
My mom had a flat in her name in one of the Co-operative society in Mumbai. Due to her age and she was not able to manage things we decided to transfer it in my name. We did proper gift deed, got it registered and now have requested the society to transfer the flat in my name. Society is asking for transfer fees of Rs.25000/- which I think is not correct. They say that the definition of family has changed and hence u have to pay. Is it correct. Is there any way we avoid the payment as it looks unresonable demand. There was no financial transaction involved hence i should not pay. I need your views on this and legal opinion

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Swastik Upadhyay   22 January 2022 at 19:42

Rti payment

Dear Sir/Madam,
1. I filed an RTI and they have asked me to deposit Rs1000 to them. Is my personal cheque accepted as payment method in this case?
2. Can I file RTI without disclosing my name and asking them the reply in my mail id??

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Anonymous   22 January 2022 at 16:05

Interpretation

We are executing construction work under PSU. As per contract escalation to be paid vide CPWD manual clause 10CC. Original time of completion was March'2020 due to delays occurred on the part of the PSU for one year and further due to effect of COVID19 work has been extended up to June'2021. March'2021 extra work was incorporated and therein the PSU has cited the extended date of completion as 30.06.2021. Now during calculation of escalation citing the clause 10CC PSU wanted to freeze the indices as prevailing June'2020 for the following quarters like Sept'2020, Dec'2020, March'2021 and on. Till june 2021 75% of the original contract value has been executed. Hence balance 25% of original contract plus extra work yet to executed as on June'2020.

Now quaries are :-
Whether the indices of RBI and labour wages prevailing during the respective quarters of work done to be considered or it is to be freeze as suggested the PSU i.e. June'2020 for the further quarters.

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Sharad   22 January 2022 at 01:03

Violence in a cooperative society by a tenant's kin

Hi All,
I stay in a flat in a cooperative housing society with my family where my father is a member of society. There is a tenant in my building. Both the tenant's son and myself play badminton with a common set of people , where there are members children and other tenants children in the cooperative society. I am staying here since last 35 years. This tenant family has come here 2 years back in the society.
Now recently after one game of badminton this tenants son physically did violent behaviour on me over a argument . I did not assault or physically initiate the fight with him. I only protected myself. Further he started and continued threatening me with various things.

Do I have any legal rights in society to punish or warn or take any legal action against (tenants son) this violent son of a tenant guy to teach him a lesson, in a non violent manner, as I am not a member in society.

Best Regards and thanks in advance for your suggestions:

SR


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Swastik Upadhyay   19 January 2022 at 16:42

Rti next step

Dear All,
I filed a RTI few days ago and again I did First Appeal also and got a reply today. Reply is as follows:

3. I, as first Appellate Authority, have carefully perused the facts as available on file and concerned rules. It is stated that the PFC-I & PFC- II Division has no information to furnish to the Appellant in the matter (conveyed to the Appellant on the online RTI portal on 14/01/ 2022). Therefore, the reply given by the CPIO is in order.

4. In view of the above, the appeal is disposed off accordingly.

5. further, the RTI application is transferred to CPIO, Controller General of Accounts, Ministry of Finance for necessary action and providing available information to the applicant.



As point 5 says that they have transferred it to Controller General of Accounts,
Do I need to do anymore thing and what to do if I don't get any reply for next 30 days
Plz guide

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Anonymous   19 January 2022 at 13:12

Tractor hp diff. bet. claimed by co. & as per rto

We are a dealer of tractor company for the first time in our state. As per their brochures, their website and other advertisement tractor hp of a model is 45. But after registration with RTO hp was mentioned as 39 in their records. Whether company has misled the farmers and dealers with this. Farmer has approached Consumer Forum against dealer only. Only after registration dealer came to know about this difference.Who is responsible for this difference.

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