sachin
29 January 2014 at 16:56
dear sir,
about 1.5 yrs back, i invested 6 lac rupees in one pvt ltd company for purchasing bank auction flat. but now that company is froud and already filed a police complaint against them.
court hearing is in progress.
i need to know is there any other option like recovery suit or civil suite to get my money back.
thanks in advance
Shadab Parvez
28 January 2014 at 23:27
I have an Agreement to sell entered in the year 1988 with a pvt ltd company for purchasing a plot in noida village abadi area, executed at Delhi office of the builder company.
I have paid full payment in installments and final payment was paid in the year 1997 for purchasing this plot. Various letters were issued by the company between 1988 & 1997 about progress in obtaining approvals from housing authorities.
I filed 3 cases against the builder in 2004
1.Suit for specific performance in Noida
2.Complaint in consumer court in Delhi
3.Criminal complaint under section 420 IPC in Delhi
When I filed case in Consumer Forum I only prayed for order of compensation from the builder and not possession of plot. At the stage of final arguments of this case i filed an Amendment application under order 6 rule 17 cpc for amending Prayer clause to add delivery of possession of plot from the builder or in alternative compensate as per circle rate of the area.( Application is pending )
I was depending on my suit for specific performance for delivery of plot but now i have come to know that in uttar pradesh agreement to sell are compulsorily registrable document since 1977. So no hope of getting plot from builder in that case.
Now my only hope is the consumer complaint case for getting plot from builder.
Dear Experts I need your esteemed opinion on this case on these points :
A. Is the application under order 6 Rule 17 only for amending the Prayer Clause of my complaint, is maintainable at the stage of final arguments please also provide supporting judgements ).
B.Does the consumer forums have power to order builder to give possession of plot to consumer when full payment has been paid.
C. Can consumer forums give stay ordering builder not to sale case property because the builder has now started selling the plots but i have no proof of that except site photographs.
D. Does I have any scope in the suit for specific performance in noida considering the fact that agreement to sell was entered in Delhi.
E. Can I pay stamp duty after 25 years on this agreement to sell.
F. Also what are the other things i can do to get plot from the builder.
Gaurav Gujrati
28 January 2014 at 22:10
Dear Sir
Kindly provide me some case law relating to Remedies of Breach of Contract ?
Thanks & Regards
Gaurav
sk..........
28 January 2014 at 19:19
In civil suit I came to know that opposite party has filed plan showing wrong measurements in area of the plot,
now what should I do.
sk..........
28 January 2014 at 19:16
In civil suit I filed written statement ,now after a gap of 4 yrs I came to know new facts,
1- should I file additional written statement.
or
2- should I amned the written statement.
Uday Kumar
28 January 2014 at 17:22
Dear Sir,
In a suit plaintiff has made defendant 1 to the Principal and Defendant no 2 to the Agent
But once principal has been sued (made party to the suit) then adding Agent as well, is not required.
Can Court remove/delete the Agent(Defendant No 2) by allowing Application of Order 1 Rule 10 CPC
PGKN
28 January 2014 at 16:01
Hi,
My trust is running in cash crunch situation and already running a loan on property. And no bank is ready to give additional loan.
Can I borrow loan in personal name and give the entire amount to trust on loan. And can I charge the interest paid by me on my personal loan from the trust.
Please help as it is very important.
Thanks in advance for your guidance.
nagarajan
28 January 2014 at 15:09
Mr. A got his properties (agri.lands) from his father by registered partiton deed in the year 1972 amongst his other brothers durin their father was alive.
Father expired in the year 1976.
1.Is the property obtained by partitioned deed is ancestors property or self/own acquired property in the hands of Mr.A ?
Now Mr. A has 2 sons and 3 daughters.
2. Can Mr.A make partition deed to his 2 sons of his above said properties, without the concert of his daughters. ?
3. Can daughters challange the partition deed against Father and Brothers. ?
4. What are the possibilities that daughters also gets share in that.?
srinivas
28 January 2014 at 12:54
sir
I would like to know indemnity bond to be submitted on
1) what value of stamp paper
2) whether it has to be notarized if not what is the consequences
3)whether matter can be typed on both sides of the stamp paper
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Housing society matters
Dear Sir
Please clarify the following;
1. Whether builder can allot stilt parking directly to second purchaser?
2. Whether a resident who has given his flat on lease can participate in a Special General Body meeting and vote?
3. Whether resignations of MC committee including Chairman, Secretaryy, Treasurer should be sent to the Registrar for further action or has to be submitted the remaining member [ one].
4. Whether second purchaser of a flat is eligible for stilt parking?
5. any allotment letter said to be part of original agreement should be registered or not?
6. Whether any resolutions in contravention of bye law passed by General Body is valid since the bye law says the GB can frame parking laws and the GB passes a resolution stating that tenants are not eligible for parking but tenants of owners of stilt parking is eligible for stilt parking.
As these information is important for my society to file a case in Co operative court, I require these clarifications.
Yours sincerely
V Srinivasan
Secretary, Subham CHS Limited, Kandivili