Anonymous
04 June 2010 at 16:03
I, Swarup Modak, an inhabitant of Bidisha Housing of Konnagar, Hooghly and a member of Bidisha Co-operative Housing Society Ltd. (in short the ‘Society’), Konnagar, Hooghly. The said membership is duly approved by the Co-operation Directorate, Hooghly Range (Former: Office of the Assistant Registrar of Co-operative Societies, Hooghly).
I purchased one residential flat of 477 sq. ft. at Bidisha Housing Project Ph-II (hereinafter referred to as the ‘Project’), Konnagar Hooghly which is promoted by the West Bengal Housing Board (hereinafter referred to as the ‘Board’), Kolkata.
I have purchased the aforesaid flat after being satisfied the free space of the General Common Areas of the Project. During purchase there was neither any Cycle/Two-Wheeler Stand nor any Flagpole base with sophisticated fence in any place of the General Common Areas of the Project.
An extract is given below from the Sale Deed which is made after purchase of the flat(s).
“The general common areas and facilities provided for the purchasers of flat in the estate mentioned in the Third Schedule hereto shall at all time be held by the purchaser and/or allottee member(s) along with other purchasers of flat in the said project and shall be used and enjoyed by them in common amongst themselves and neither the allottee/occupier nor any other purchaser of any flat in the aforesaid estate shall any time be entitled on any ground whatsoever to make partition or division thereof or to claim to have exclusive right in any manner whatsoever to any portion of such general common areas and facilities/amenities and that the purchaser along with the other purchasers of different flats in the aforesaid estate shall use the said general common areas and facilities/amenities for the purpose for which they are entitled to without hindering or encroaching upon the lawful rights of other purchasers and occupiers of other flats in the said Project.”
The Society has built the following in the free space of the General Common Areas.
1. Cycle/Two-Wheeler Stand – 1 no.
2. Flagpole base with sophisticated fence – 1 no.
The Society discussed regarding the Cycle Stand in several Annual General Body Meetings and the member(s) were agreed to violate the mandatory provision(s) of the Sale Deed whole-heartedly.
An extract from the minutes of 80th Board Meeting of the held on 30-08-2009 is given below:
“…iv) Intimation to W.B. Housing Board
- has already been completed”
The Society intimated to the Board prior to the construction of the Cycle/Two-Wheeler Stand.
The Board, being a party of the Sale Deed, a seller, has helped the Society to violate the mandatory provision(s) of the Sale Deed. The Board did not try to protect my right as I have paid money to them for the said flat as well as the General Common Areas in the Project.
The DRCS (Former ARCS) and the CI, Serampore has put their unauthorised interference by giving permission for construction Cycle Stand in the General Common Areas of the Project. Neither the DRCS nor the CI has spent any money for the said Flat as well as the General Common Areas of the Project nor the said property is their ancestral property.
On 29-12-2009 under ref. Memo No. 2153 M I – 3336 the ARCS issued a letter addressed to the Society as follows:
“...this office of the undersigned is not in a position to accord any sort of permission in this respect right now, because, out of 450 no of existing members of your society (having 540 no. of flats), the no of members likely to be benefitted from the proposed cycle stand is not duly furnished (more precisely, the capacity of the proposed cycle stand is not mentioned).
Now, you are hereby requested to need-ful for submission of this related documents in this regard for further course of action from this end.”
On 30-12-2009 the Society received letter from the ARCS and on the same day under ref. BIDI/Cycle stand in para 4 the Society replied to the ARCS through the CI as follows:
“ 4. Now about the capacity of the proposed stand we may say that the capacity of the stand depends upon the way the cycles are placed. The area of the proposed cycle stand is 110 ft x 8 ft. Our estimate is that around 200 cycles can be placed in the proposed cycle stand.”
Out of the above, the rest which the Secretary of the Society had written in his letter almost was not as per the requirement to the letter of the ARCS. It was a story which the Secretary of the Society manufactured just to influence the ARCS for obtaining sanction for the Cycle/Two-Wheeler Stand in their favour.
On 31-12-2009 under ref. Memo No. 179/09 the CI, Serampore Circle forwarded the letter of the Society along with favourable comments:
“...so that construction work for the cycle stand could be started as early as possible.”
Even she did not try to justify before writing to you whether the reply of the Secretary of Bidisha was in line of your letter.
On 04-01-2010 under ref. Memo No. 21 I – 3336 the ARCS issued a letter addressed to the secretary of the Society with an open permission for construction of cycle stand and the ARCS wrote as follows:
“...you may construct the Cycle Stand provided all the members (and their family) of your society can get the benefit of it irrespective of caste, creed, colour and sex for registering peace and tranquillity within our society.
At the same time, you are also requested to take necessary measures for construction of one or more no. of Cycle Stand for further requirement (if any) to meet up the need as well as demand of the members (General Body) over and above the existing capacity of the proposed Cycle Stand...”
The DRCS and the CI helped the Society directly to violate the mandatory provision(s) of the Sale Deed through applying their Official Power illegally and forcefully.
After getting success from violation of the mandatory provision(s) of the Sale Deed the Society has built one Flagpole base with sophisticated fence in the free space of the Project without any intimation to the concerned.
In the main Site Plan there is no any provision for any type Construction like Cycle/Two-Wheeler Stand and/or Flagpole Base in the free space of General Common Areas of the Project.
There as numbers of unsold flats in the Project which the Board will sale in coming days to his customers where an illegal Cycle Stand and/or a Flagpole base exist.
The aforesaid Cycle/Two-Wheeler Stand will create a serious social problem in the Project. The privacy of family members, especially lady members, of the unsold flats which are attached to Cycle/Two-Wheeler Stand will become completely destroyed. Round the clock all people will move besides their windows. It is impossible to give guarantee that no one will peep through the windows (bedroom/bathroom/kitchen/dining room) of the said flats. They should also have right to use and enjoy the sufficient free space besides their windows like other allottee member(s).
In the Sale Deed the Purchaser is the Society and I am a confirming party.
How should I be able to recover the free space?
Anonymous
04 June 2010 at 12:27
Hi, Myself is a Government employee working in Government sector, completed my LL.B. with prior permission and am having permission for enrolment as advocate from my employer. I wish to get enrolled while keeping my license to practice under suspension ab initio. Please advise, is it possible to get enrolled with suspended license.
Mayank
04 June 2010 at 11:09
Hello Experts ,
I recently applied for a fresh Home loan , a few days later was informed by the bankers that there is a negative reference in my CIBIL report (they gave me the control number when I asked details, with a request to get the same cleared after discussion with respective cc bank .
Instantly I remembered the telephonic calls received in last week of March , where a caller who identified herself fromStandard Chartered Bank called asking for me to settle against a old credit card which still showedin their records .....(I had not take the call seriously and thought this might me some collection agency trying to extract something out of an old case ).I vaguely remembered that I had settled the same owing to a dispute /disagreement on the interest payable over an outstanding which had rolled on and subsequent closure of the cc ,by paying the amount asked by them .
No documents are with me (I searched all files / old papers , but since this matter is > 8-9 years old and as per me there was no reason to carry on with any receipts/ bills which was paid for !!)
How do I get out of this matter , Please advice .
I have tried to give below the complete correspondence which I have had since I heard for the home loan deptt about it .
Regards
Mayank
_______________________________________
Mayank to head.service
show details 10:55 AM
Dear Mr Balu Jayaraman,
Thanks for writing in responce to my various mail to your generic e-mail i.ds.
On the subject , Unfortunately it is such a long time & we have shifted residence thrice since 2002 , ' am unable to trace any past correspondence in connection to this card number .
My belief is there should be no outstanding , nevertheless , forward me complete details of past transactions and any corresponcence which the bank would have done , for my better understanding .
I have applied for a housing loan and understand from them that there is a negative reference in my CIBIL report , so this matter needs to be sorted immediately to clear this negative reference against an otherwise clean rating !!
Solicit your support in getting this matter resolved ASAP.
Regards
Mayank
On Wed, Jun 2, 2010 at 6:06 PM, head.service wrote:
Ref: 06/10/001163/RN/ESCch
Dear Mr. Mathur,
This is with reference to your e-mail dated June 01, 2010.
We understand your concerns on the outstanding reflecting in your card
ending 8398.
We note from your communication that you have entered into a settlement towards the outstanding in your card account. We request you to revert with a copy of the settlement letter for us to investigate and do the needful.
Further, we wish to inform you that we have placed a request for retrieval of your card statements. On receipt of the statements, we shall review the same and revert with our findings.
Assuring you of our best service always,
Yours sincerely,
Balu Jayaraman
Head, Customer Care
________________________________________
I was promised a reply in 04 days by your customer support person ,when I spoke last around 7-8 days back.......I wonder why there is complete silence from your side !
Please reply ASAP.
Regards
Mayank
On Tue, Jun 1, 2010 at 1:52 PM, Mayank wrote:
REMINDER REMINDER REMINDER
---------- Forwarded message ----------
From: Mayank
Date: Tue, May 25, 2010 at 3:16 PM
Subject: Fwd: SCB credit card matter ....
To: card.services@sc.com
fromMayank
tohead.service@sc.com,
customer.care@sc.com
dateTue, May 25, 2010 at 2:53 PM
subjectRe: SCB credit card matter ....
mailed-bygmail.com
hide details 2:53 PM
Hello There ,
Some more details....that I had perhaps scribbled on my writing pad during the conversation ...just saw it and hence sending for your benefit & record checking .
Caller :- Ms Anju Sharma from SCB, Connought Place branch , N Delhi /
another male caller who threatened me on phone of dire consequences ( I am trying to trace the caller number from my call records )
Credit card:- xxxx xxxx xxxx 8398
Current O/S :- 1,08,871.00
I expect some reply , whether it was really a call from SCB ( in that event perhaps have to get a legal perspective from my layers ) or was it a false call .
Please clarify ASAP.
Regards
Mayank
---------- Forwarded message ----------
From: Mayank
Date: Sat, May 22, 2010 at 9:36 AM
Subject: SCB credit card matter ....
To: head.service@sc.com, customer.care@sc.com
Hello There ,
My name is Mayank , I have the following queries ......
In the month of March 2010 ,received a call on my mobile xxxxxxxxxx , about a past credit card (number of which I do not remember now , ) which was discontinued in 2002 by me ,asking to settle outstanding to the tune of >1lacs on the card.
The call came from a Delhi land line .
The caller identified herself as from the recovery div. of the SCB and indicated that since the Credit card due was not settled in time ,the amount has grown to >1 lacs today.
On asking details , I was indicated that apparently some payment was made in 2002 and after that SCB was not able to trace me ?? I wonder why ?
I was asked to settle the same immediately , else the same be referred to CIBIL which will make my creditworthiness bad.
for past , I remembered that due to some on-payment ndiscussion , I had asked SCB to clear my card dues; settle and close the Credit card ........I presumed that it was done .That was in 2002 .Anyways I conveyed the same this time and the lady insisted that i check my proof and that she will call back again after 2 days .
After almost 8 years and 03 major shifting of home premises , I found no records of any past transaction with SCB with me , which I promptly conveyed to the lady when she called back after 02 days and conveyed my inability to proceed ahead without any formal details passed on to me now.
I also asked what were the details of the transactions against which the O/S today stood at such a high figure ...she said her records only mentions that the credit limit on my card was 30k and due to no records of settlement in the SCB computers the same has now multiplied .....
I asked for a mail on the same but was refused .
On asking why after so many years they are approaching me ,was conveyed that they have been able to trace me only now ???
With no information for me to vouch for the veracity of the statement , I conveyed my displeasure and said it will not be possible now for me to pay (considering the time which has passed and no supporting details from SCB )
I was conveyed that they can settle and resolve the same @30000.00 as a special case ......and clear off my case from CIBIL
I was taken a back ...how is it expected for anyone to keep track of a credit card which in my opinion was cleared by me and closed years back .
I would want to understand what are the details of the said matter ( i do not even remember my credit card number ) the details of the transactions , payments made by me etc. I am sure if the call was genuine SCB will surely have a log of the discussions and will be able to support me with the details .............to amicabily settle the matter .
Kindly forward the same on my mail / following address
Regards
Mayank
Amarnath chakravarty
04 June 2010 at 10:26
respected seniers I am practicing as an advocate for last one year now BCI decided that every law grads have to pass the bar exam before he/she joins the practice were this rule also appllied to the advocateswho enrolled in recent years or this apply only to the freshers?
Baskaran Kanakasabai
04 June 2010 at 08:39
What is meant by justice?
Anonymous
04 June 2010 at 07:49
What is the history behind the procedure -moving advocate during enrollment?
Piyush
04 June 2010 at 00:19
I had drawn a Bankers Checque/Draft in favour of an International institution from a renowned bank in Kolkata for admission and Tution fee of my son which was dishonored. The student was embaraseed and humilated. The draft was ultimately honoured after 3 months. Can anyone please advise me the option open t me to take action against the bank ?
Sincerely
PB
piyushbhartia@usa.net
aditya vadali
03 June 2010 at 18:40
hello friends,
i would like to know the cosultation fees of a lawyer, and in respect to their grades, like jr. advocate, advocate on record & most reputant advocate. pls, furnish me the information and if any provisions of advocates act, 1961 supports it.
Anonymous
03 June 2010 at 17:02
Can a Practicing Advocate act as director of a compnay.
If yes? What legal action take in case of defalut of company
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