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Sethu nachiappan   16 June 2018 at 20:23

Advocates who can�t appear before court

I defendet2 - my cases - purchase of minor property

A lawyer - step father of respondent

Also step father of ex party defender 1 (also lawyer)

Also husband of witness 3 (yet to hear)

Can this step father lawyer appear for respondent - vakalath filed by some other lawyer




Consumer Complainant   16 June 2018 at 20:16

Is there need to provide heading for a letter

Is there need to provide heading for a letter? Memo I have given in consumer forum. But Memo word was missed out. It has the contents, verification, and also gave one affidavit for the letter that I gave.

Is it correct?

somesh   16 June 2018 at 14:53

Can we move consumer court once property surrendered to bank

Dear Sir,

I have given possession of my property to the bank recently and asked them to close the matter as my properties value (valuation report is with me) is 25% more than the amount i owe to them. But the bank is selling my properties below 50% of the actual market price of the area. the property is kept for auction now.

I want to know whether i can move to consumer court against bank for falsely valuing my property and selling it at distress price.

Any other suggestion to get justice.

malaika   16 June 2018 at 03:26

Society issues



Society issues:
Sir, I live in a society in Mumbai, without any proof the society keeps asking maintainence related charges. This happens every 8 months, this is apart from what we regularly pay monthly outgoings.
I approached the sub registar who did not even bother to listen to me
About 7 years ago, the society directly doubled the monthly out goings and gave no reason, our building has 9 occupants and is 22 years old ,can I find out how they suddeldly started demanding such high out goings? What steps can I take on the monthly out goings as the registrar has not paid any heed to my query, can I approach the lower or high court in Mumbai.

Anonymous   16 June 2018 at 03:24

Rent claims

Sir, i am having a civil dispute with my landlord over his false claims of rent that i owe him, the order is ruled in his favour, my lawyer says that i can file a writ in the high court, is this correct?

Sanjeev Sharma   14 June 2018 at 09:40

Property under senior citizen 2007 act

Sir

My Mother died in 1995 without executing will. Our house was purchased on mother's Name. I have no brother & Sister. In 2012 this property was first transferred 50:50 between my Father & myself. After that My Father transferred his 50% share on my Name by registry in Blood relation. Proper mutation was done. Now my father has applied to Deputy Commissioner under Senior Citizenship Act 2007 that this Entire Property be rolled Back on his name as this was transferred on the basis of Blood relation.
Please tell me whether he can roll back 100 % Property or his 50 % share?

GANGO PADHYAYA   13 June 2018 at 22:34

Promissory note

Promissory Note should contain two signatures of the maker one for execution as provided under Section 4 of Negotiable Instrument Act and the other for cancellation of Adhesive Stamps under Section 12 of the Indian Stamp Act


I REQUIRE CITATIONS

Anonymous   13 June 2018 at 18:52

Wrong obligation made by a girl on any male person

one male person talking to a girl occasionally after some time girl told him that u will have to marry with me at any cost.
what remedial action is available for male person. kindly provide me the answer in detail and make me understand which law to be studied for complete solution and make my male client free from such charge.

Vedamgopal   13 June 2018 at 14:43

Unregistered housing society

We have 132 flats in our colony. Our initial registered society formed in 1987 defunct in 2004. Then we were operating 4 un-authorised society. Now our colony younger team registered a new society but out of 132 say 34 members not willing to join and they are operating their un-authorised society. How to bring them into our fold? How to claim our payment savings ? Is it possible to put FIR or file civil case

Advocat R.Ramesh   12 June 2018 at 05:07

Consumer case admission

Regards
I had a consumer case at state Consumer forum since 2008. On Feb 2018 the SCDRC directed the Complainants' to present before National forum due to the pecuniary Jurisdiction on account of latest SC judgment.
This case is against the builder and MNC bank filed in 2008 before SCDRC for getting possession of the flat along with compensation.
The Sale Deed registered on 26.6.2006 in the presence of Bank officials and instead of Bank collecting it from RO, the Builder collected it and hand it over to me along with the Builders Agreement on 4.7.2006 which was submitted on 6.7.2006 and the bank took signatory in the Mortgage Book. When asked for the acknowledgement the bank said at the time of final disbursement the acknowledgement will be given. The final disbursement was made on 27.7.2006 in my absence and only welcome letter received and not the documents acknowledgement. When approached the bank, the officer asked to send email to customer care and a reply was received that since the bank follows oral mortgage the bank does not give any written acknowledgement. The EMI started immediately from August 2006. But during the handing over of possession on April 2008 by the Builder, the bank wrote to the Builder not to handover the Possession on pretext of non submission of Sale Deed marking a copy to me.The letter was issued when my EMI is being honoured promptly. Sensing the conspiracy of the Builder and bank I issued legal reply agreeing to deposit the documents viz Copy Sale Deed as per law and ready to create a registered Mortgage at my cost. The Bank did not replied nor accepted the suggestion hence I filed a case in SCDRC on 13.8.2008. I was honouring my EMI regularly and during Feb 2009 the bank took symbolic possession without issuing any letter nor there was any default. The symbolic possession was taken by putting the name of the bank in the flat. I raised complaint immediately on Feb 2009 and I wrote letters till August 2009 in spite of honouring the EMI. There was no replies nor any resolution to my complaint then i suspended the EMI from Sept 2009 by duly informing through a letter dated 15.8.2009. Exactly after three month during Dec2009 I received loan recall notice which was replied mentioning that Iam ready to close the loan account as per loan recall notice. As usual no reply received and during July 2010 received a SARFAESI notice under sec 13(2), accepting the deposit of title deed and a legal reply was sent that Iam ready to close the loan account. There was no reply to that also. This all happened in spite of the proceedings in SCDRC where the Builder and bank was continuously absent and my prayers for exparte was not respected and the proceedings were only going by FS. The bank file his vakalat on 26.08.2010 and the Builder was declared exparte which the Builder moved NCDRC in May 2013 and by paying penalty he joined the proceedings.
The bank moved DRT under RDDB FI ACT under OA in March 2013 and I filed all the documents in original and the bank only dragged the proceedings and ultimately during September 2017 the judgment was reserved and it's pending to be pronounced till date. At present the Possession is with the Bank repossessed without following the mandatory rules laid down by the law. Without taking to the course of paper possession and notice under sec 13(4) . The construction was also left incomplete and the Advocate commission report of SCDRC is obtained.
I had filed all the DRT papers and documents along with the consumer petition.
I had moved the NCDRC as per the directions of SCDRC and while on admission I was asked to prove how consumer case is maintInable when SARFAESI proceedings are going on. I will argue by placing section 3 of the consumer protection act and proving through both, the application of the bank in DRT and the petition of Consumer that the prayers in both differs and hence there is no overriding effect. Please guide if you have any judgment on this and with any other material to be helpful in arguments for admission.