LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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AMARJIT SINGH MONGA   10 April 2014 at 12:14

Filing revision petition in national consumer comm

SIR,
WE HAVE FILED A COMPLAINT IN DISTRICT FORUM IN 2005 WHEN OUR CLAIM FOR FIRE IN OUR SHOP WAS REJECTED BY INSURANCE CO ON THE GROUND OF AVERAGE CLAUSE AND UNDER INSURANCE BUT OUR INS WAS GOT DONE BY OUR BANKERS FROM WHERE WE HAD TAKEN LOAN AND ONLY COVER NOTE WAS SUPPLIED AND NO POLICY WAS DELIVERED TO US AND AFTER TAKING THIS SPECIFIC PLEA THE DISTRICT FORUM HAD DISMISSED OUR COMPLAINT AND WE FILED APPEAL IN STATE COMM BUT THAT TOO WAS REJECTED BY STATE COMM CITING A JUDGEMENT OF SUPREME COURT "GENERAL ASSURANCE SOCIETY V/S CHANDUMMAL JAIN AIR 1966 SC 1644" WHILE AS PER OUR KNOWLEDGE THIS JUDGEMENT IS NOT APPLICABLE TO OUR CASE BECAUSE THE CONSUMER ACT IS OF 1986 WHILE THIS JUDGEMENT WAS OF 1966.MOREOVER WE HAVE CITED 20 JUDGEMENT OF SC,NC AND STATE COMM IN WHICH IT WAS HELD THAT WHEN THE TERMS & CONDITION WERE NOT SUPPLIED TO THE INSURED THAN THOSE WERE NOT APPLICABLE BUT STATE COMM HAD NOT TAKEN THOSE INTO CONSIDERATION MOREOVER THE INS CO HAVE NOT PLACED ON RECORD ANY COURIER RECEIPT TO PROVE THAT THEY HAD SENT THE POLICY TO US DESPITE OUR PLEAS.EVEN NATIONAL COMM IN IT RP NO 3165-3166 OF 2013 HAD DECIDED ON 01/04/2014 THAT ONUS TO PROVE THAT THE TERMS AND CONDITION WERE SUPPLIED TO INSURED WAS WITH THE INS CO. SO ADVISE US ACCORDINGLY------AMARJIT SINGH MONGA,PATIALA

jayakumar   09 April 2014 at 18:42

Exemption from deposition of arms during election

i am dr.n.jayakumar,member of madurai rifle club(tamilnad)affiliated to national rifle association of india(nrai).according to election commission of india has exempted the members of nrai at various levels.here is the link http://www.thenrai.in/images/documents/election%20arm.pdf.i was NOT exempted from deposit of arms.so i filed a writ petition,seeking justice.i would like to have all your valuable opinion and guide me.
thanks everyone,
regards
dr.jk

MUKUL SHARMA   08 April 2014 at 20:47

Insurence laws

I bought a life insurance policy in 2011.I've deposited a single premium and than couldn't deposit further annual premiums.Now How can I get my deposited single premium deposited money from insurer?I dont want to continue policy.

Mukesh Mistry   08 April 2014 at 20:41

Required guide line

My name is Mukesh Mistry, I was working in ISRO-SAC Ahmedabad as a Technician now retired. I was joined ISRO-SAC in 1977 and retired in October 2012. I have C.B.I case from 1995 against me about taking ISRO-SAC equipment from campus and try to sale it.
This case registered by C.B.I not by My Department, they told me by letter I have face this case in Court from 1995 they started sealed cover process for my promotion interview results. In october 2012 I am retired but case still going on, therefore My Department release leave encasement, pf and other amount for which I am eligible but not released gratuity. in March 2013 case finished in my favor. After that court give six month surity under C.P.C 437(A). that six month is pass but my department not take any action to released my gratuity and open promotion sealed cover results, now from six month to still today they told me they haven't received letter from C.B.I. They donot start any process till they received letter from C.B.I.So my question is Is there any letter required after Court released me innocent ? I have attached court judgment. Please guide me in this matter.

PRAVEEN RAJVANSHI   08 April 2014 at 16:41

Legal option against employer

MY COMPLAINT AGAINST M/S TECHNOFAB ENGINERING LTD,FARIDABAD .I WORKED THERE FOR 27 DAYS AS COMPANIYS REGULAR EMPLOYEE & APPOINTED FOR FOREIGN ASSIGNMENT,ZIMBABWE PROJECT ON

26TH AUGUST,2013 .I APPLIED FOR VISA THROUGH COMPANY.AFTER 26 DAYS I GOT VISA. VERYNEXT DAY I WAS SUPPOSED TO FLY FOR ZIMBABWE AS PER INSTRUCTIONS OF TECHNICAL HEAD

MR VIZ.NEXT DAY ALL OF SUDDEN I WAS TOLD TO RESIGN WITHOUT GIVING ANY REASON SINCE THEY APPOINTD A VERY JUNIOR FELLOW IN MY PLACE IN VERY LESS SALARY AS THE CANDIDATE

HIMSELF TOLD ME SINCE HE STAYED WITH ME IN COMPANIES GUEST HOUSEWHER I WAS STAYING. I OPPOSED FOR IT & DENIED TO GIVE RESIGN THEY THREATENED ME TO THROW ME OUT FORCEFULLY

WITHOUT GIVING SALARY.HR MANAGER TOLD ME IF I RESIGN THEY WILL GIVE MY FULL WAGES & COMPNSATION ,ONE MONTH NOTICE.HR MANAGER HIMSELF GOT TYPED MY RESIGNATION LETTER & GOT

MY SIGN.SFTER GETTING MY RESIGNATION LETTER THEY GAVE ME LESS THAN HALF SALARY CHEQUE & NO NOTICE PERIOD SALARY.I HAVE BEN TRYING HARD & WRITTEN LETTERS TO THE COMPANYS HR

DEPT(IN RESPONSE MANAGER THREATENED ME) & CONSULTANT BUT IN VAIN, FOR MY SALARY. .PLEASE ADVISE ME THE BEST OPTION/PROCEDURE BFOR RELIEF. I HAVE MANY DOCUMENTS IN MY SUPPORT.
THANKS & RGARDS,
PRAVEEN RAJVANSHI,
M.N.-+91-9829274006
CONTACT DETAILS OF TECHNOFAB ENGINEERING:
ADDRESS:PLOT NO.5,SECTOR 27C,MATHURA ROAD,FARIDABAD,HARYANA,INDIA
HR HEAD : MR. J.K.SAHU.M.N.9999909981

R Samanta   08 April 2014 at 15:29

Club concept profitable organisation

Would like to form a club concept non-charitable organisation to provide lots of facilities like Hotel accommodation, fooding & lodging;Spa;Gymnacium;indoor game;banquet;swimming;bar cum restaurants; medical facility etc.

seek your suggessition which tyepe of legal entity would be applicable like Trusty or Society.

Mehar Afshan Ibrahim   08 April 2014 at 14:02

Best wishes

Wishing All Members of L.C.I. A happy and prosperous Shri Ram Navami

Mehar Afshan Ibrahim   08 April 2014 at 13:53

Best wishes

Wishing All Members of L.C.I. A happy and prosperous Shri Ram Navami

Ashok Pawar   08 April 2014 at 11:42

Building redevelopment process followed by society in mumbai

Dear Sir.

I am from mumbai and our society is going for redevelopment with private builder. As this is something which needs to seriously study. I came across some document which society association has published on Internet.

I have some doubts in this process and if you can help me to understand to clarify the same it will be helpful. No doubt society committee has taken good step of redevelopment but required transparency is not there in entire process.

In first meeting only society has 3 quotation with them when they have to proposal of same.

In second meeting committee took rights of taking decision and signing document on behalf of all members.
In third meeting they appointed law adviser and PMC. In same meeting they hand over all offer letter to PMC and requested him to give report on same.

Within few days they declared the PMC reports are with them and declared the meetings with shortlisted builder*.

In fourth meeting builder discuss what he is offering and we demand what we need. But before checking builder projects committee has taken aawaji voting for selecting builder. I was shocked and surprise with this process.

Now the things which few members has found out during this process is the appointed law adviser is black listed from Mhada. The appointed PMC is already working on many projects of short listed developer.

Committee has given us Consent to sign and submit which is in name of developer,

My questions are:
1. How committee can guarantee members that Law Adviser and PMC will work in favour of members. When one is black listed and other is already working for him on many projects. Both knows in and out about Developer.

2. If committee has already passed the minute of taking authority to discuss and take all matters with all concerns in this process then why members has to sign consent which is in name of Developer. Down the line the developer will not entertain us on our any query or suggestion since legally we are not authorized as per Development Agreement.

3. Is the above described process is correct and we can still have scope to get it correct.

4. Is it correct to approach Developer before PMC prepare feasibility report?

5. Does it not mandatory to publish add in local news papers for redevelopment proposal?

6. Who has to answer members queries regarding all concerns in this process, is it PMC or Developer or Committee?

If you can guide me on my question then it will very helpful to have very good sleep and peace of mind.

Adv. Umesh Chhangani   07 April 2014 at 20:54

Bombay public trust

If a person has not consented (objected) for his appointment as a Trustee of a public trust, can such person be compelled by Charity Commissioner to become a trustee while framing scheme U/s 50-A of Bombay Public Trust Act, 1950?
Specific provision if any.
Please site citations if available.

Regards