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Saurabh Aggarwal   29 February 2024 at 17:15

Property booking made under mou

I booked a two flats under an MOU by paying partial cash and cheque with the promise that soon builder will get permission and will register a flat after permission.
1.MOU mentions total amount paid and in return of which builder will register a flat of 1600 sq ft
2.and that in case the builder is unable to launch the project or acquire land within 12 months. Builder will return the money with interest within 60 days
3.and cheque no xyz dated xyz is being issued for entire amount paid + interest.
4.Builder will maintain adequate funds to honour cheque as per due date.
Now the approvals are not in place from 2 years though the construction has begin at a very slow pace to calm the situation.
Builder has initially promised return of money and now is saying that he will re sale the booking to someone and only then can return the money. Obviously he is unable to find a buyer. Due to the long discussion validity of one has expired.One cheque is still valid.If I deposit one cheque , amount under the other cheque which has exceeded its validity might become under dispute as well and builder hasn't provided a fresh cheque but is saying on emails that he will resale the unit and refund the amount.
What can be done in this situation. Will it be consumer , criminal or civil , which one would be fastest to recover money.?
Other problem for me is that the cheque money paid was for capital gains investment. if the time period further crosses 3 years , will I have to pay penalty ?

Rayvon   26 February 2024 at 21:18

Co-operative housing maintenance society - ll agreement

Hello

The Society is a Co-op. Housing "Maintenance" Society in Goa, India. It has passed a bye-law in AGM demanding Leave and License agreement from Owners who have let out their flats. They claim they want to know who it is let out to.
The owners have already submitted the Police Tenant verification form to the Maintenance society, which has details of every family member of the tenant family.
The Leave and License Agreement being a private agreement between owner and tenant, is being resisted by owners, indicating that Police Tenant verification form is more than sufficient to cater to the security needs of the society.

Can a "Maintenance"-only society demand for Leave and License agreement from Owners, exposing owners income and details to the Maintenance society ?

Anonymous   25 February 2024 at 13:37

Eligibility for ias

Dear sir,
My brother has a case registered against him(the case does not involve me in it). Will it disqualify me in UPSC?Pls help

Prince Chaturvedi   24 February 2024 at 12:15

Contempt of court

Is there imprisonment in civil contempt of court or is only fine imposed?

Prince Chaturvedi   24 February 2024 at 12:12

Contempt of court

After the civil contempt of court is proved by the district court, within how many days can the sentence given by the district judge be challenged in the High Court?

Prince Chaturvedi   23 February 2024 at 12:50

Second appeal defective

What is the meaning of' Second Appeal Defective'

Anonymous   23 February 2024 at 02:10

Evidence lost or misplaced by court record staff

I have a civil tenancy case and as part of evidence of conversations with my tenant, the phone used for communication was also submitted as evidence and marked. However, the case was transferred to another court and when they instructed the records to be submitted, it was discovered that the phone was missing and hence the lower court kept postponing. I suspect that there may be a foul play involving court staff and my tenant.

Kindly advice how to handle this. Can I lodge an official complaint against the court record staff for loosing the evidence?

Thanks in advance.

Anonymous   22 February 2024 at 15:08

Issues with the co-owners in an apartment.

We bought a flat in Garia in 2017, paying all necessary charges extra for electricity. We got our possession 2018 on the industrial meter as the builder had no provision for the domestic meter. Since then we have been residing on a sub-meter and finally in 2022 sometime, a construction meter was installed after failing the quotation for 4 times, few flat owners of the apartment, paid for the transformer. We were not a party to it, as we understand it would have been a prize to the builder for not completing his responsibilities for more than 5 years.
After the transformer was installed, the builder gave us our regular connection and created no trouble for booking our electric meter from WB State Electricity; however few flat owners created some fuss by disrupting our electric connection on 3rd Feb at midnight. Finding no solution we had to rush to our local police station and we lodged a General Diary. The police officials came to our apartment, put the situation in status, and asked us to move to the legal way to resolve this matter. Accordingly, we contacted a lawyer and he drafted a letter to those flat owners including our developer asking for a reason for such a nuisance. The lawyer of the two flat owners out of the three has responded, stating that whatever I have mentioned is completely false as no such incidents occurred and it was just a mechanical fault.
I understand if this matter goes further in court, the police officials may be asked to give their opinion on this. If we take a worse situation that which the police officials do not respond properly, can this be taken forward, if my GD was incorrect against them, why did the Police Officials not take any action against me?
Truly speaking the CC TV of our apartment does not work, and most importantly, I do not know if the other flat owners would be interested in getting into any litigation and giving their opinion.
Now that I am no more interested in any litigation, my purpose has been taken care of. The Electric Meter in my name has been installed; however, if those parties file a case against me asking me to pay them back Rs 45000 for their lawyer charges as they say it was an unnecessary expense that they have made since I have accused them illegitimately, so in such a scenario I will defend and take my actions accordingly.

Anonymous   21 February 2024 at 15:39

Personal loan not paid after tenure period

Sir i have taken personal loan in NBFC.and unable to paid the EMI even after tenure period..the legal team saying notice had been issued ..i lost my job..and having health issues to my mother..can I have a solution please

Anonymous   19 February 2024 at 11:14

Inherited land

5-acre DKT land originally granted by the government to your grandfather ,grandfather had one daughter (padma) and padma had 3 daughter and 1 son . In his will, my grandfather bequeathed the land to his grandson not daughter after death of padma (now padma is alive ),due to legal constraints related to Padma's government employment so will written on bequeathed the land to his grandson , the will was drafted in his name instead.Padma's daughters, who were unaware of the existence of the will. Padma, with the intention that it would eventually passing land to grandson. as per will of father , in 2023 government granted the right to sell the land after a 20-year period,can ,i challange the will