Anonymous
21 January 2012 at 18:28
i depositing Rs.1000/. In the ROYAL TWINKLE STAR CLUB they give assured you have to deposit this for the 36 month then after 5 year you will got Rs.50000/- means the Rs.14000/- is our profit, and this is Regt club and i would like to know is it honest company to invest and joint to another member.
Sandeep Didwania
21 January 2012 at 13:53
sir, one of my friend has been selling washing soap under 'ganesh' brand for the last 8 years, but havnt registered it under TM. from last 2 years one of his competitor also started preparing same product with the same cover and selling it under the same 'ganesh' brand. recently he has registered this 'ganesh ' brand under TM. and has served a notice to my friend claiming compensation of rs. 10 lacs for using his TM. and dispose the remaining Finished product at the earliest.
sir wen he registered his brand, he gav his address as 'Jaysree soap Factory' bt now he writes 'Jaisree soap factory' at the back of his soap ....does this provide any relief to my friend....plz help.
Shankar
21 January 2012 at 12:37
A complaint was filed at DF - Consumer Forum on 16/03/2011.
Notice Received on 20/04/2011 by Security.
Case Hearing was on 27/04/2011.
We did not attend the case and the case was decided at first hearing as Ex - partie.
Order copy received on 28th June 2011 and we preferred a appeal at State Forum, Karnataka.
The case was not submitted properly by the Local advocate and our case was dismissed on 9th November.
Have received from our Advocate the Judgement copy on 25th December 2011.
In the meantime, have received Execution petition hearing Notice, which is posted at DF on 13th Feb 2012.
I need urgent Help in taking stay order and to represent my case at National commission, urgently please.
M.S.SHANKAR 9844010530 / shankar@halda.net.in Bangalore.
BRIEF NOTE ABOUT THIS CASE.
1. Babuji Engineering College, Davangere, were in need of Computer chairs and have sent enquiry and asked our quotation.
2. We have submitted our quotation and in the quotation, we have clearly mentioned that ‘Our HALDA Products are guaranteed for a period of ONE year against any defects in manufacturing except for rubber, fabric, glass and plastic components.
3. We have also offered the sample of the chair for their evaluation.
4. After the satisfaction evaluation of the sample chair, and Negotiation the order was placed for supply of 300 Nos. chairs with 2 year Warranty period from the date of supplies.
5. Supplies were completed on 27th April 2009.
6. Payment received on 10th June 2009.
7. 1 No. plastic Base of the chair got broken on 11-09-2009 and this was replaced with New Plastic Base
8. Again on 5-10-2010, have received communication stating 18 Nos. of chair Base are broken and as the chairs are covered under warranty, they asked us to replace all the 300 chairs, which were supplied.
9. Vide our letter dated 8 th October 2010 we have said that, though as per the warranty policy , the plastic parts are not covered for replacement and however, considering the Business relationship, we agreed and despatched 15 Nos. of Plastic Bases for replacement..
10. Again vide customer Letter dated 9th December 2010, they insisted for replacement of all the chairs due to their prediction that it will broke and damage and they mentioned that, they have taken some expert’s opinion and that expert informed that the Plastic bases are made of recycled plastic material and this is manufacturing defect.
11. We replied back on 13th December 2010, stating that chairs are made of various parts and components, and it is not a single component or products. The chairs other parts are ok and good condition, and just because of the prediction for breakage and damage of plastic base based on expert’s opinion, they wanted us to replace all the 300 chairs and we said it is not possible as there is option available to replace the plastic base with metal base on payment basis.
12. Against on 19th January 2011, they intimated about breakage of another 2 chairs
13. Again we have replaced that 2 Nos bases also.
14. The above communication and details shows that, they have been keep asking us to replace the entire chairs in General based on prediction and assumption, and of course, as and when they informed us about the quantity of actual breakage of chair bases, we have been replacing the plastic bases though it is not covred under warranty, with valuing the customer relations in our mind.
15. All the total plastic base failure reported to us from the customer are replaced
11-09-2009 01
08-10-2010 15
19-01-2011 02
We have replaced all the broken chair bases, for which we have received actual intimation of damages, though we need not, as per our warranty policy.
16. The College authorities, are asking for simply replacement of all the chairs when the fact is that, we have been replacing all the broken chairs as and when we received the intimation.
17. The Warranty period of the chairs ceased to end by 27th April 2011 and they have filed this complaint on 16th March 2011
18. District Forum registered the complaint and sent notice for hearing on 27th April 2011, which was received by us on 20th April 2011 by the Security.
19. In the meantime, the undersigned suffered from severe Backache and was advised for bed rest from 20th April 2011 to 7 th May 2011.
20. We have received the DF expartie order on 24th June 2011.
21. Have handed over these papers to Local advocate for appeal in SF and the Local advocate got the certified copies from the DF and filed the Appeal on 9th September 2011.
22. The appeal was dismissed on 9th November 2011 and copy was received on 20th December from the Advocate.
23. In the meantime, have received execution petition hearing from DF. The Hearing is posted for 13th February 2012.
GENERAL:
The Case at DF was ordered ex-partie.
The case at SF was dismissed
1. The report submitted by the expert .
2. Non appearance at DF .
3. No medical records submitted to show the Appealant was bed ridden.
4. No records were produced to show that the Complaint was received by Security.
5. SF relied upon the communication of the complainant, with Appelant, where in the complainant predicted breakage of Bases and our reply stating as per our warranty terms the plastic bases are not covered or eligible for replacement is as “ Vague”. reply.
A. The Expert opinion which is relied up on : Is the Expert competent enough to Inspect and Certify ?
B. Is the Expert is Registered or approved by any Government Agency.
C. Is there any guidelines laid down by any Government Agency or Quality Agency for Inspection of such Plastic Bases.
D. Is the Expert has previous experience in doing such inspection – Chair Baes ?
E. Where the Expert tested the Base ?
I want to fight this case at National commission and I want some good advocate who can present my case and get stay order for the Execution petiion. I Need urgent Help.
M.S.SHANKAR 9844010530 Bangalore.
Mayank
20 January 2012 at 20:07
Hi Lawyers
I am a proprietor of a firm in mumbai and want to open a new proprietory firm.
is it possible ?
will it be benefit me in any way ?
i was told that i should first close the first firm and then start a new one ...is that so?
or shall i start a firm on my wife's name and work as an employee there?
pls help
mayank
Anonymous
20 January 2012 at 17:01
I have a query relating to Private Limited Company :
There is a Private Limited Company having One Managing Director and one Director. Managing Director wants to resign from the Company, as there is no business and other Director is not allowing him to windup the company.
1. So, when one Director resigns, can the company exist with only one director ?
2. As there is no business in the Company, there are no chances that a new director joins. So what are the consequenses the other director will have to face ?
3. When the MD resigns, then will the company gets closed ? (As one director cannot be there in a Pvt. Ltd. Company)
Please help me with the above issue.
Thanks & Regards
pallawi
20 January 2012 at 15:41
Cant find a good solution to the problem that should the plaint be rejected or the suit be allowed if an unregistered firm filed the suit but before any order could be passed it got registered. THERE ARE 2 conflicting judgments on the point (both by Andhra H.C.:Annopoorna Fertilisers vs. Arunodaya AIR 1994 AP 157 AND Atmuri Mahalaxmi AIR1990 AP288.) Is there any SC authority on the matter. This Law student will be highly obliged by your able guidance. )
Gopal Ranjan Panigrahi
19 January 2012 at 18:44
Sir, if a single Proprietor of a firm dies and thereafter the firm is taken over by another Proprietor who having changed the Firm Name then to whom shall the amount /who will have the right claim over the amount in name of Predecessor firm :
A) legal hiers of deceased Proprietor or
B)Predecssor Firm or
C)Subsequent Proprietor or
D)Subsequent Firm
Please submit with reasoning and act/law as applicable . Thanks
Anonymous
19 January 2012 at 09:59
Hi friends,
Good afternoon all..
Pls help me on this regard.
We uploaded form 1, 18 and 32 to register a company named 'M.R.Garden Pvt. Ltd.'
The main object of the company is to provide hostel facilities and service appartments.
Now the registrar wants us to upload forms again since the name is not relevant to its object. They want the promoters to give an undertaking that on incorporation they'll change the company name within 30 days.
What are the options available for us, pls help..
1. Shall we change the name after its incorporation? If this be the case pls help me by posting the format for such undertaking by promoters.. Whether it has to be in some stamp paper or ???!!
2. Or shall we include some other object clause in the memorandum to make the name valid?? Pls suggest me some objects relating to it..
Pls help friends..
Thanks..
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