Sridhar
25 January 2010 at 13:05
Dear Sir/Madam,
Our builder from whom we purchased flat refused to register the flat by asking for unreasonable charges.We filed a complaint in the state consumer forum,Karnataka and Builder then revealed a pending dispute between the builder and landowner and hon'ble high court of karnataka restrains him from alienating the property.Hon'ble forum after hearing granted him one year to register the flat or refund the money.In case of registration we(DH) were ordered to bear the difference in registration and stamp duty.
One year went by and when there are only three days to the timeline given by stateforum,builder sent us letter to pay Rs 5.5 lakhs as service tax + vat + registration + stampduty against the court order which cleary says we have to pay only the difference in registration and stamp duty.
Also we came to know that the non alinenation order passed by high court of karnataka is still in force as the disptue between builder and landowner hasn't settled.We went and filed an EP and the builder appeared and said he is ready to register.Stateforum failed to notice that the high court non alienation order is still pending and dismissed our EP saying that "since the builder is ready and willing to regsiter the flat ,EP is dismissed.However if the DH is interested in getting the flat registered they are directed to approach the JDR and execute the deed as per the terms of the agreement as directed by this forum in complaint xx/2007."
Our builder says EP is dismissed and i have now pay Rs 40laksh as per the terms of the "sale" agreement.What we contend is that EP dismissed referring to the earlier order not eferrring to the sale agreement.
We filed another EP deteremined to bring to the notice of the state forum that builder cannot register the flat as high court order still in force and praying for the refund as directed by the forum in the decree.
In this regard i need few clarifications from this forum
1.Can the order given earlier by State forum be changed when it comes for Execution Petition?
2.What if the forum fails to consider that builder cannot register the flat as the high court order is still pending.
Builder cannot register the flat as the high court restrains him from doing so.Neither he wants to refund the money.Instead he is putting blame on us saying we are due Rs 40lakhs more to him for a flat costing Rs 28.5 lakhs which we already paid.
Please give your valuable suggestion as our next hearing is scheduled for 28/01/2010.
Regards
nirav
25 January 2010 at 09:54
I am a fresh lawyer. My client wants me to draft Terms & Conditions, Disclaimer & Privacy policy for his new website. Please guide me for vital points to be kept in mind.
Anonymous
24 January 2010 at 23:30
I want to know the limitation period to issue notice to Legal Representatve by banks inthe case of gaurantor
Anonymous
24 January 2010 at 23:15
I have three queries, if Advocate Archana or any one else can clarify:
1) Whether unmarried daughters of Son are Coparcners in the Grandfather's (i.e. Father's Father) HUF under HSA Act Amendment 2005? If yes, what will be their share in the HUF comprising, Father, Mother, Son and son's two daughters.
2) Can married daughters who have married before 22 June 1994 claim Co-parcenery rights under Section 29 A of Hindu Succession (Maharashtra) Amendment Act or under Hindu Succession Amendment Act 2005? As per my understanding, if daughters are married before 22/6/1994 (applicable for the State of Maharashtra only)or before 9/9/2005 (when HSA Amendment 2005 came into being) are not entitled for any Co-parcenary rights and are also not entitled for any share or ask for full partition. This is very critical and if some one can throw enough light on the same, if possible with the exact interpretation of Section 29A, Section 29B and Section 29C and / or any Caselaws on the same.
3) Does the Hindu Succession Maharashtra Amendment Act, 1994 takes precedence with regard to its Applicability only in the STATE OF MAHARASHTRA over Central Amendment of 2005 under HSA, 1956 especially under the provision and freedom granted to the States under Article 254 of the Constitution. ?
Parthasarathi Loganathan
24 January 2010 at 21:18
What is the eligibility criteria and norms prescribed to be listed in the HALL OF FAME.
Anonymous
24 January 2010 at 19:54
Dear sir
In November 2008 we filled cheque bounce cases under NI act. So far nothing hapenned except adjournments. My advocate informed that there will be an examination of the accused in March 2010.
Can you please guide me what will be the procedure in NI act cases:
a) What will happen in Examination
b) What is the next step
Pl advice in this regard
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