dipankar naik
03 September 2013 at 07:17
Can the Executor of a Will be changed by the Legatees on grounds of incompetency? If so how and what happens next?
prasanna kumar
02 September 2013 at 23:29
I booked a car in my wife's name.Based on the proforma Invoice given to me by the dealer on April 30 2013 I applied for the loan from my banker, the loan was sanctioned during the first week of may.Due to some reasons I did not buy the car then. That time the car price was 547410/= on road. In july I booked the car with an initial payment of Rs. 10000/= and on 31st july I paid full payment of 547410 as per the proforma invoice without deduction the advance paid as my bankers insisted that I should pay the entire on road value through them including my margin money and said that I can collect back my booking amount from the dealer. The loan was sanctioned by the bank and disbursed to my wife's SB account. From the SB A/c. I paid a DD in favour of the car dealer by paying DD charges. Now I had paid a total of Rs. 557410/=. After taking the payment, the dealer informed me that the Huyndai is giving a special discount for that month and the discount amounts to about 40000/= thus there was an excess amount of rs 57000/= approx. paid to them. The dealer first said that the money will be refunded the next day. However, even after 3 days, the money was not returned. On questioning them, they started forcing me to take accessories for the excess amount. I refused to buy and insisted on refund of the money. Then even though my banker was not connected with them, they approached my banker and started telling them that I have refused to buy the accessories from the money the bank has sanctioned and I am asking for the refund of money and am trying to siphon the money off.( actually bank has not sanctioned any money for the accessories. Annoyed by the act of the dealer to contact my banker and trying to damage my image, I cancelled the booking of the car from them and asked for the refund of the entire money. I refused to refund the money and said the money can be refunded only on getting the loan cancellation letter from the bank. I sent a legal notice to them. Now by this time, they had been contacting the bank and were advocating the bank to cancel my loan account and have asked the bank manager to issue letter of loan cancellation for refund of money. However, to my legal notice they have replied to my advocate,as if I have asked them to commit fraud upon the bank by giving the money back to me.They have again stated that my cancellation of the car booking is not valid and that the cancellation has to come from the bank and then only the money will be refunded. I fail to understand as to why the bank should cancel the booking of the car and cancel my loan account, when I have booked the car as if I don't have any identity of my own. I have informed the bank all about this to the bank in writing. It has been one month since the letter for cancellation is made. I still have not received the money back.Actually, the intention of the car dealer is to see that the loan I obtained should be cancelled and I should not get the loan from my banker.
There is not tripartite agreement between the bank, myself and the car dealer. Nor the bank had directly released the loan in the name of the car dealer. It is disbursed to my account and from their I have taken DD and paid to the dealer.It is also not the case where the bank has asked the dealer to obtain its permission before cancelling the booking of the car. The car dealer in his reply has himself declared me as defrauder.
Now my question is, whether the car dealer has any right to reject my cancellation of the booking and deny the refund. Are there any rules that the bank has to cancel the booking of the car which they have not done on my behalf.Are there any rules that the car dealer can insist on cancellation of my loan account. He by doing to has damaged my reputation with the bank. Does it not amount to deficiency of service.Is there any way I can quickly get my money back immediately. Can I file a cheating case against him with police. Can I a file a complaint against him in consumer forum for deficiency of service. If so can consumer forum pass a interim order asking him to repay my money paid to him immediately.
Please somebody guide me.
Thanks in advance.
Prasanna kumar
drpkkhatri
02 September 2013 at 23:19
Sir,
Please advise what would be legal implecations if one senior govt officer is abused and slapped by a junior govt.officer during working hours and at work place?
Punit Trivedi
02 September 2013 at 18:45
sir,
i am practicing advocate @ bhavnagar Dist. here is my query.
my client has sold 14 tractor to farmers via agent in the year 2011. All 14 farmers has payed some portion of money to my client in installment;which was my client has shown into yearly audit report as ADVANCE AGAINST SALE's head. Now almost 50% amount has not been paid by farmers and they have file consumer complain against my client regarding not giving RC BOOK; FORM NO. 22. Further they produced the RECEIPT of the agent showing money has been received on behalf of my client but actually it was not shown in official account. even in the receipt there is not a single evidence of amount either in number or in word. Hence consumer court is not ready to allow my any argument regarding account dispute & all; forum ask me to satisfy him with evidence or judgement.
i m seeking for the Judgement regarding 1)consumer court has not power; if there is a account dispute b/w parties.
2) shall consumer court can order about deficiency in service.
3) what should be my argument regarding above issues.
NARENDER KUMAR
02 September 2013 at 15:34
Respected Sir/ Madam,
Request you to pls. advice which documents need to be collected from builder at the time of possession/property registration of flat.
Thanks in Advance.
Regards,
Narender Kumar
gagan kumar
01 September 2013 at 00:08
respected sir & mam
plz recommend me books for deeper knowledge in company law & insurance law.
Vishal Mal
31 August 2013 at 21:52
How do i verify the background of any lawyer?
Basically wanted to check if the lawyer is experienced and is a registered lawyer.
Any quick way to find out online.
Member (Account Deleted)
31 August 2013 at 21:28
Hi,
Will you please help me with what action can be taken against an ex-employee who fetched old mobile bills for the current employees in the organisation. What is the most rigorous action can be taken against him. What are the possibilities that he can go away with it.
Regards,
Clive Sinclair
31 August 2013 at 16:06
Dear Sir
I would like to know where to file complaint against a Notary in Mumbai. Kindly let me know the AUthority, Address & contact nos.
My complaint is for below reasons:-
1. Notary is NOt displaying the schedule of various charges
2. Notary refused to issue receipt
3. Notary didn't register my document with sl no in Notary register
4. Notary charged me Rs 150 against Actual Fee of Rs 15+ Rs 25 Stamps for Notarising the Deed of Undertaking prepared by me for my Son's admission in Class XI. I had carried the Typed document on Stamp paper.
Pl advise me asap so I can file my complaint and save general public from such Notary.
Thanks
FORM XIII
COMPLAINT
Before the appropriate government under the Notaries Act, 1952(53 of
1952)
Between.................................................petitioner
and.....................................................respondent
Petitioner's address:
Respondent's address:
Particulars of complaint in
paragraphs consecutively numbered.....................................
Particulars of evidence oral and documentary, if any, to substantiate the complaint.................................
Verification
I,.............., the petitioner do hereby declare that what is stated above is true to the best of my information and belief.
Verified today the................day of.............20........at.....
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R t i
If EO of Nagarpalika did not provide information then to whom we will appeal against him