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konidena adv subrahmanyam   08 December 2021 at 12:18

Fcra act, rules, notifications

Respected sirs
I have two quieries
1.is it mandatory to appoint mva hr under fcra, if so under what section, rule or notification
2. Is it mandatary to appoint purchase committee under fcra to finalise purchase contracts enter the same in minutes books. If so under what section, rule or notification
Kindly advice
Adv K. V. Subramanyam

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Viren   04 December 2021 at 12:59

Interest certificate on top up home loan

Dear Sir / Madam

I am a home loan customer of Federal Bank Patel Nagar Branch . I also have one home top up loan from same branch .
I have been issued interest certificate for FY 1-4-19 TO 31-3-20 for both loan but when I asked for interest certificate for the Period 1-4-20 to 31-3-21 , I have been issued the certificate for Main Home loan but been refused for Top up loan .

In Federal bank I escalated the case to next level but they didn't think it proper even to revert

I escalate the issue to Lokpal but Lokpal also closed my case mentioning that we have examined the same on the basis of the reply received from the bank"

I have been a home loan customer since Financial Year 2005 with HDFC Bank IDBI Bank , PNB Housing Finance and then it to Federal Bank and in every bank i always was issued interest certificate for top up loan even Federal bank issued by interest certificate of Previous year

As per Banking practice top-up Loan is given by bank as extension of home loan to meet the House improvement / renovation and other house related expenses on collateral security of main Home loan , while disbursing the top-up loan bank examine the value of Property ( against which home loan has been disbursed) and if margin is there than only bank quantify the amount and disburse the top-up loan . so In my opinion a top up loan can't be synonymous with a personal loan but it is a top up or Extension of a Home Loan only .




May I request learned professionals to guide me whether is it advisable to put my case to consumer court to claim interest certificate .

Regards

Virendra

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Anonymous   30 November 2021 at 14:35

Consumer protection in karnataka

Hi Experts,

I have placed an order for a sofa set and a dining table with a furniture store in one of the districts of Karnataka state.

Total cost is 1,00,000/ - and to begin the work the store guy has already collected 50% of payment from me as advance.

It has been two months since 50% payment, till date, I have not received any updates from the store whatsoever. My calls are not answered and dealer keeps dodging me with various excuses.

Store has not given my any receipt towards my payment, however, i have all the bank transactions deatils as it was an online transaction.

How can I go about in cancelling my order and taking full refund of what I have already paid and am I eligible to claim damages?

Kindly guide - thanks in advance.

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Anonymous   27 November 2021 at 19:23

Election procedure of societies reg under act 1860

Dear Expert

Kindly help to know the election procedure of association registered ACT 1860.

Is this applicable all over INDIA.

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Anonymous   23 November 2021 at 12:28

Urgent help-misselling insurance to 80+ yr old

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?

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Anonymous   23 November 2021 at 12:26

Urgent help-misselling insurance to 80+ yr old

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?

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advocate2301@gmail.com   21 November 2021 at 17:04

Use of hindi

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.

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Anonymous   20 November 2021 at 10:06

Byelaws of a housing society

our association was formed in 2007, after which one person has been holding the secretary post on a voluntary basis, without conduction proper election, the society was registered at the beginning , after which they have not been renewing, moreover the seemed to have framed by laws to their convenience, i would like to know if the bye laws need to be approved by the registrar of association and is it right on the part of that resident to continue holding office for so many years? we feel that some illegal transactions are happening with procuring of water lorries and civil work related to the society, that is why we feel that the same person is holding the secretary post without conducting proper elections, kindly advice.

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Anonymous   19 November 2021 at 15:29

Trust related

Hello
I wanted to know what is the process of resigning as a managing trustee and transferring the same post to one of the trustees, also there is no resignation clause in the trust deed? Kindly suggest the legal methods to do the same

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Anonymous   19 November 2021 at 00:28

Vro cheated by promising me a government job

I B.Ramu s/o Srinivas completed my BBA in 2017 and my father who sells coriander in the market , my brother friend B.naresh who introduced one C.Ravi teja s/o. Late narayana occ: VRO , offered me a government Job in the revenue department as junior assistant in Karimnagar. C.Ravi teja influenced my parents with deceitful words as providing me job in the revenue department as junior assistant in Karimnagar and took money 4,60,000 from my parents in 2018 Jan 3rd. After the next year is he not responding to our calls and messages .present my father having cancer we don’t have money and we are facing financial issues and we want our money back and he wrote a agreement for 4,60,000 that he took money for interest.
I filed a FIR against C.Ravi teja but the police didn’t take any action against him ,it’s been 14 days FIR has been filed. Now the police are saying that I’m also an accuse for committing crime for fraud by cheating government . What i am supposed to do now sir

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