Anonymous
11 October 2019 at 09:03
Dear Sir,
I reside in a CHS in Navi Mumbai and have been the resident of this society for last 7 years. Everything was going well till now. But since the new MC took charge we have been continuously harrassed with our car parking issue. I have an open car parking (is open from 3 sides and has a building wall behind). The problem is our car which is just a year and a half old (Skoda Rapid ) was continuously being damaged with the things thrown down from the upper flats. The damages initially were small. The previous comittee had resigned and new comittee had still not taken the charge. It is then when my husband along with his one friend decided to build a shade for the car as it was getting damaged and to prevent a bigger damage. My husband had put rods and a temporary cloth shade so that the other comittee that comes in rule meanwhile can provide or come up with some solution for the same. But the committee did not understand our agony and told us to remove the cloth and that they will take 2 months time to come up with a solution to which we agreed and removed the cloth. But the rods remained there as we were desperately waiting for the committee to understand our genuine problem and find an alternative. They now started pressurizing my husband to remove the rods and he finally agreed to remove the rods too in hope that they will provide a solution in again another two months. My husband was going to remove the rods on 14th Aug but the machine which is needed to cut the rods properly wasn't available with the worker. So my husband sent a mail to the committee saying that the rods will be removed till latest 15th Aug afternoon. But the committee did not wait and broke the rods forcibly in my husband's absence. if the committee did not have any bad intentions it could have waited till the AGM which was on 25th Aug 2019 (just 10 days from the incident). My son and me were mentally disturbed with this incident as the act was going on for near about 45 mins. With this bullying we were upset and could not understand how to take it legally as we did not wanted to handle it in by bullying the committee in return, so we sent lawyers notice. This matter was taken in a very harsh and bad mannner in the AGM and still with consent we withdrew the lawyers notice.
Just after the AGM my car standing in the same parking got damaged by a tile(whole) that came down from some upper floor. This time the damage is so bad that it is to cost us a bomb. The repairing cost should be minimum 1.5 lakhs and it can go even higher. Now the MC is getting away with it and is not ready to bear the damage cost. Also they have not yet committed us to find a permanent solution as we feel that this can happen in future too. They feel that though the car is parked inside the society it's not their responsibility . How many times should we bear the cost? This time itself the cost is too high. Please help me. THE WORST PART IS THERE ARE OTHER SHADES THAT ARE STILL STANDING ERECT (THEY ARE EXTENDED SHADES TO THE STILT PARKING)ONLY OUR TEMPORARY SHADE HAS BEEN BROKEN. QUESTION IS WHY THIS DISCRIMINATION BETWEEN MEMBERS OF SAME SOCIETY. Please help me. This is very humiliating.
Rama Devi
10 October 2019 at 22:02
"A" is a Manufacturer has supplied material to his customer on credit basis and lastly supplied the material on 12/06/2015. The said customer has paid an amount of Rs.56,000/- lastly on 05.09.2016 and finally he is owning a debt balance amount of Rs.4,23,100/-. No notice was served as of this day by the Manufacturer to its customer for filing of the suit. Now the Manufacturer wants to file a suit against its customer. If so, the claim of Manufacturer is within the limitation or not?. Plz. suggust me suitably.
Darius Engineer
10 October 2019 at 21:17
I'm the nominee in my aunt's flat at Mumbai and my aunt expired over a year ago. Do I need to get the will probated to get the rights o the flat. I understand there's a Supreme Court judgement that says that mere nomination is enough to get the share certificate transferred to my name. Also ater the transfer can I sell the flat.
Darius Engineer
Sairam@07
10 October 2019 at 15:50
Dear Respected Professionals,
I hereby request you to suggest me in the following case:
Myself and my husband both are working and recently one year back we have purchased land in Bengaluru. with bank loan we have started constructing independent house. meanwhile during the search of a servant maid, one of the known person to my husband has approached us introducing himself as contractor building the houses and have experience and labour with him. in order to obtain the contract from us he has engaged his wife to take care of my kid and influenced us emotionally and got the contract without any agreement execution. before granting the work to him, we have clearly instructed him that the construction work has to be completed by oct-2018 as we have tight financial plan with loan. he agreed and commenced work. in good relationship with him, we have transferred 2 lakhs to him to his bank account. for two months the work went well. after two months the labour at site stopped working when enquired told us that they are not getting their payment regularly from the contractor and in between when inspected the sight the labour were less and are not coming on time. hence, we brought the same to the notice of the contractor who has informed us that he has paid advances to all. when enquired deeply, we came to know that the contractor has not paid wages to the masons and has given the amount on interest to them. then we have decided not to transfer the amount directly to the contractor and started paying wages to the labour directly. at certain point, my parents were hospitalised and we have stopped the work for one month as we have gone to home town. later the work was resumed and was going on very slowly. we have demanded him to engage more workers to complete the same at the earliest possible as the house warming date is approaching. in reality, the contractor had no labour with him and cheated us. then we have clearly informed him that if he is unable to engage labour, then we will look after another for completion of the building as we have a loan burden and emi payment monthly. then the contractor has started spreading messages that we will not pay amount in time and threatened the local people to work with us. therefore, our building was stopped in between. he even stopped coming to my site. we engaged few other contract people and finished the basic structure and shifted into the same in order to subsidise our financial burden. recently the contractor has approached with few local people and threatened us. how to proceed against him for incompletion of the work and for threatening us. we even have approached police but of no use as they have influence.
Anonymous
07 October 2019 at 21:20
Sir,
Civil suit Decreed, eviction order passed by execution court, bailiff obeyed the order, possession delivered, JD filed revision near the end of 90days, section 227/115, in High court, Is revision maintainable ????, two year completed.
please advise
Regards
madhusudhana rao
07 October 2019 at 12:46
performance suit to executive sale was decreed in plaints favour with a direction to deposit balance consideration within 2 months into court and defendants are directed to execute sale deed within 3 months. Plaint not deposited as directed and prayed for extension of time before trial court within the time u/s 148 of cpc but it was dismissed saying that “court can not entitled to enlarge time beyond time already granted”. Aggrieved by it plaint carried the matter to high court in CRP, wherein high court granted 10 days time to deposit the amount at the time of notice to others. Again plaint could not comply since he underwent open heart surgery. There by application was dismissed during the admission time in 2002. But in 2011, when defendants challenge to lower court decree before high court in A.S was dismissed, plaintiff again moved an I.A. for restoration & extension of time to deposit balance sale consideration in the same CRP before high court which is pending for consideration. There was no application for rescission of the contract by defendants before trail court. Now my question is :-
1. Now, can I file E.P. before lower court since it is within 12 years limitation? Non compliance of payment of balance sale consideration will be a impediment for E.P?
2. Decree under specific performance act u/s sec. 28 is not extinguished until it is executed in E.P or rescinded by trail court and till such time trail court retains the power and trail court can grant extension of time to deposit balance sale consideration in view of Apex court citation in Sardar Mohar singh vs. mangilal and also approved recently by apex court judgment in surendra pal soni vs sohan lal on 23-07-2019. Using this judgment now I want to move application before trail court for extension of time. But on the same subject an I.A already field by me is pending before High Court as mentioned above. Under these circumstances trail court will allow my application to deposit the money? Or is there any other way to proceed with the matter?
Experts in this area kindly advise me how to deal with this situation.
Narender Kumar
05 October 2019 at 11:40
Dear Team. How much time a nationalised bank employee can be suspended. If he/she not received any information except a show cause within 6 months than what should be do. Kindly guide as per.
NAGARAJ
04 October 2019 at 20:53
Im for plaintiff in partition suit ..2nd defendant filed original written statement in the year of 2010 D2 died on 2018 now his LRs for drag d matter two months back filed amendment application u/o 6 r 17 cpc for amending the written statement and after two months 2nd time again filed amendment application for amending the written statement seeking to add certain self aquired properties of plaintiff and concocted theory I.e plaintiff name impersonation dispute ....the suit filed in the year of 2007
.any sujjessions or Any citations to reject the written statement amendment application ..?
Thanking you sir
jains
04 October 2019 at 04:20
The suit is for declaration of a sale deed null and void. The deed was seems to be execute by its owner who was unsound at the particular time. The unsound was made party to the suit along with her daughter who stood as the next friend. Whether daughter need to be appointed a the guardian by the court for the unsound to conduct the case properly.?
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Patta rejected for the registered property
Sir , my wife had settled 3 of her properties in my name and we cancelled the document since the Sub_Registrar refused to register the document when we try to sell one of the properties, after cancellation of the settlement deed she allowed to sell and register the property in buyer's name. Now the Revenue Department refuses to issue the Patta for this said land to the buyer since there is a Court Judgement on Not to Cancel the Settlement Deed.