
Anonymous
21 June 2010 at 00:11
Respected Members, I am an advocate, I want an advice for appeal against the National Commission’s order in Supreme Court, Kindly give me fare advice for my own consumer case mentioned below…
Case: - The case is regarding mutation of the my late father’s property which comes under leasehold land Port Trust working under central Govt. for Ministry of Commerce and is managed by a Port Trust with a Chairman as its head.
After completing the due process we have been given permission for transfer from the port trust, and we have made the sale deed on 23/08/2002 of the property including the tenanted portion of the property, copy of the same was sent to trust for mutation in their record but the trust is denying the mutation with the reason that “the civil suit is pending regarding that property in the court between the old landlord (from whom we have purchased the property) and the tenant, so we can mutate the plot after the disposal of the same.” Moreover neither we nor port trust is the party in the suit pending before the court, and tenanted portion is also mentioned in the lease deed with which we have purchased the property.
Against such reply of the trust we have filled complaint for mutation of the property on 08/03/2006 under section 2 d (ii) of Consumer Protection Act, on the ground of consumer “as beneficiary of such services other than the person who hires the services for consideration paid”, as the transfer fees is being paid by us as purchaser to the trust whereof they have issued receipt in the name of the old lease holder vendor.
Consumer Protection Act
section 2 d (ii) [Hires or avails of] any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other then the person who 8[hires or avails of] the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person [but does not include a person wo avails of such services for any commercial purpose];
Where An fair and justified order has been passed in our favor from District Consumer Forum the opposite party filled an appeal in state commission, where though legally all points were in our favor, but somehow state commission has issued order against us, while giving reason “the party in the suit cannot be said to be consumer”, due to new plea being taken up by the respondent’s lawyer. I cannot understand that the how state commission can issue such an order on the ground that we cannot be considered as a “consumer”, when the Dist. Consumer Forum has admitted our complain and after looking towards the fact has justified the matter in our favor?
Then after we have filed an appeal before the National Commission, where the National Commission has not looked into the fact of the matter, dismissed the appeal on its admission date itself, without looking towards the documentary proofs, citations & Legal aspects being taken up by us in the state commission. It just relied on the state commission’s order on only one point that “the party in the suit cannot be said to be consumer”. Then we filled review petition before the national commission again to get it justified again, but It was again dismissed by the commission with reason that “ petitioner seek to reargue the matter, which is not the scope of a review petition”.
So, I need an advice whether the ground I have taken for the above matter is right? And what step I should take now for the above matter……
jagan
20 June 2010 at 23:03
Dear Experts, I have recently purchased Second Hand Car a month back, I have paid full amount and the owner promised me that he will deliver the next day as we have identified fuel injection signal problem, As per our understanding Owner should give us the vehicle in proper condition,so that i can submit him the DELIVERY NOTE,Its already a month the vehicle is still with the Owner and there is no response. Can any please guide me as the POLICE refused to register a case when i asked to do so.
meenu katuria
20 June 2010 at 20:24
sir im a new lawyer i want registered a law firm is im require 2 take permission 4m my respective bar association or bar council if not then wat is the procedure of making firm is tat frim needs 2b regd or un regd 2 m i req a separate business A/c 4 tat firm
thanx in advance 4 ur valuable advice
anand
20 June 2010 at 18:46
There is Lodging in Mumbai, one of the partner is death the licence belong to him last five years the other partner is running the same business on that licence .How to cancel the Licence and there is any way that his legal heir will enter in it or that the partner will get the licence in his name.
Plz answer below question
1) If the property is joint and licence is also joint one of them death than the heirs will also enter their name in licence.
2)In mumbai grant road area South Div who is the licence authority to give the licence
3)After the death of party is there any rule that the Licence will continue, To whom i have file the case [LICENCE AUTHORITY]or the insepector whose duty is for inspection and renewal the licence .
4) How can I stop the Licence .
5)Lodging Licence is transferable or not
6)How to get the Attested Copy [Duplicate Copy of licence] to whom name the licence is granted.
7)Is there any online website to check the status

Anonymous
20 June 2010 at 18:21
sir im doing renovation inside my dda house but my upstairs wala is calling 100 no or giving false complaint 2 mcd they came & see tat nothing is illegal can u suggest me wat do i do i went 2police station they said no need 2worry since ur not doing illegal same is mcd wala is their any procedure under which police or mcd can take any action against him who gives wrong/false info 2 both the authority
if yes then under wat act or sec

Anonymous
20 June 2010 at 10:19
Can this forum be used to query about issues related to co-operative housing society? Is an expert available to answer? Pls. let me have your reply ASAP.
Thanks and regards.
Vijay Menon

Anonymous
19 June 2010 at 23:43
Some one please cite me a ruling where a govt. servant was reinstated after suspension and was imposed only minor penalty after enquiries were conducted to impose major penalty, hence his suspension was treated unjustified.
There is an order to the effect from GOI that when after enquiries to impose major penalty ultimately ended with imposition of minor penalty the suspension should be treated wholly unjustified.

Anonymous
19 June 2010 at 18:57
My question is, whether any bar in law to carry passenger/agricultural employees in tractor/trailer? if so which section in MV act i need to look into, if carry passenger what is effect if accident occurred.

Anonymous
19 June 2010 at 14:38
Dear Expert's
My wife is slected for govt. job under OBC quota as per her surname before marriage, now my wife surname change as per my surname. my question is certificate of OBC of my wife village will be valid or not. Because somebody says that after marriage wife surname is not valid for any document and it is connected with husband surname. so please give me advice, i am confused.
(My wife surname comes under OBC) but my surname not comes under OBC
thanks
kirparam pokhriyal

Anonymous
19 June 2010 at 14:02
two pre signed blank cheques were issued to employer. bank is not accepting 'stop payment advise' since details reqd as under:
- issued in favour of
- date of cheque
- amount specified in the cheque
in the absence of the above , bank will not do 'stop payment' just based on cheque no alone.
how to protect from risk involved? pl clarify
Plz help me in legal matter.....
Respected Members, I am an advocate, I want an advice for appeal against the National Commission’s order in Supreme Court, Kindly give me fare advice for my own consumer case mentioned below…
Case: - The case is regarding mutation of the my late father’s property which comes under leasehold land Port Trust working under central Govt. for Ministry of Commerce and is managed by a Port Trust with a Chairman as its head.
After completing the due process we have been given permission for transfer from the port trust, and we have made the sale deed on 23/08/2002 of the property including the tenanted portion of the property, copy of the same was sent to trust for mutation in their record but the trust is denying the mutation with the reason that “the civil suit is pending regarding that property in the court between the old landlord (from whom we have purchased the property) and the tenant, so we can mutate the plot after the disposal of the same.” Moreover neither we nor port trust is the party in the suit pending before the court, and tenanted portion is also mentioned in the lease deed with which we have purchased the property.
Against such reply of the trust we have filled complaint for mutation of the property on 08/03/2006 under section 2 d (ii) of Consumer Protection Act, on the ground of consumer “as beneficiary of such services other than the person who hires the services for consideration paid”, as the transfer fees is being paid by us as purchaser to the trust whereof they have issued receipt in the name of the old lease holder vendor.
Consumer Protection Act
section 2 d (ii) [Hires or avails of] any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other then the person who 8[hires or avails of] the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person [but does not include a person wo avails of such services for any commercial purpose];
Where An fair and justified order has been passed in our favor from District Consumer Forum the opposite party filled an appeal in state commission, where though legally all points were in our favor, but somehow state commission has issued order against us, while giving reason “the party in the suit cannot be said to be consumer”, due to new plea being taken up by the respondent’s lawyer. I cannot understand that the how state commission can issue such an order on the ground that we cannot be considered as a “consumer”, when the Dist. Consumer Forum has admitted our complain and after looking towards the fact has justified the matter in our favor?
Then after we have filed an appeal before the National Commission, where the National Commission has not looked into the fact of the matter, dismissed the appeal on its admission date itself, without looking towards the documentary proofs, citations & Legal aspects being taken up by us in the state commission. It just relied on the state commission’s order on only one point that “the party in the suit cannot be said to be consumer”. Then we filled review petition before the national commission again to get it justified again, but It was again dismissed by the commission with reason that “ petitioner seek to reargue the matter, which is not the scope of a review petition”.
So, I need an advice whether the ground I have taken for the above matter is right? And what step I should take now for the above matter……