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karthik   21 January 2012 at 05:41

Loan repayments ...

Dear All,
My Friend borrowed an amount of 20,000/- from a person on 2-Jan 2011..For some urgency and agreed to pay 15%monthly interest as he thought of repaying it in a month or so but things turned out and he was unable to pay principal amount and was paying interest since last 9 months ...Totally he paid 27,000/- interest is due for 3 months now he forcing for money and this person is unable to repay and asking time and the person is threatening that he would deposit that blank cheque issued for the repayment....

Now he not able to pay back requesting to settle as he paid 27000/- already and i would pay 3000/- more and settle it for full and final settlement....How can he proceed upon the same issue ... Should he go for any notice or What please explain ??

Anonymous   20 January 2012 at 21:47

Specific relief act 1963

we have a shop on rent . the owner filed a civil suite to vacation against us but he failed to establish the case. now he sold the entire property including our rented shop. the new owner pressuring us to vacate. we r filing a suite against previous owner according to our laywer in specific relief act. is it right way

Anonymous   20 January 2012 at 20:31

Share of lrs

dear experts a lady expired she was working in NDMC DELHI her husband was expired 10 yrs back now she left behind 2 sons and 1 daughtor all are married her employment benefits was partially given to both of her sons now my question is whether her daughtor can ask her share in her employment benefits and how. please guide me
thanks

Anonymous   20 January 2012 at 19:40

Petition and affidavit profama for order 38 rule 5

pls sir give me profama for petition and affidavit for order 38 rule 5.or any site details for this.

Shailaja   20 January 2012 at 16:55

Alterations to my flat - procedure for regularisation

1. As per Maharashtra Regional & Town Planning Act 1966 (MR&TP) and BMC Act 1988, what can be stated as minor alterations to a flat / apartment and procedure to be followed before undertaking such alterations?
2. I had made some alterations to my flat (without touching the beam and pillars) in 2010 after taking permission from the society as well as applying to the BMC. There are no leakages in the flat below. Now the society is claiming that I had made illegal alterations to my flat and the alterations were not as mentioned in the permission letter and have affected the building structure. What is the procedure to regularize these alterations? Whether the same would be done by BMC or by some other agency and what would be the cost involved for the same?

Anonymous   20 January 2012 at 16:13

Deceased bank a/c with nominee

One of my friends father deceased and he is having a/c with bank and while his father was alive he nominated his 2 nd son as his nominee.
The balance in the a/c is Rs.5.50 lacs.
Now the 1 st son issued a legal notice to the Bank for not to settle the claim in favor of 2nd son stating that, the balance in the a/c is of sale proceeds of agriculture lands of their joint family.
What is the remedy available for my friend i.e 2nd son and the nominee of the a/c.?

Shankar   20 January 2012 at 15:54

Consumer forum - appeal

An appeal filed before Karnataka State Consumer disputes commission under section 15 to set aside the order of DF u/s 27 was dismissed at the state of admission.
The order passed on 9th November was received on 25/12/2011. What is our next course of action. Where should we file our next appeal.
In the mean time, we have received the Execution pettion hearing which is posted on 13th Feb 2012 at District Forum, asking us to present and show cause why action shall not be taken u/s27 for disobedience of the order passed in the complaint nO.....
I have to attend one Marriage at chennai on 11th and 12 th Feb 2012.
The Execution petion hearing is on 13th feb.
How to handle this ?
I need good Lawyer to represent my case.
Request your guidance ?

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 ?

Anonymous   20 January 2012 at 12:37

Recovery suit

Dear Sir I am a trader two years back one trader transfered me material without order.& correspondance to me.& raised bill when i asked him he told me that he transfered the material as per manufacturing company.i returned material to company.but now that trader put up recovery suit against me in civil court.so in this circumstanes what can i do because now company & trader denies to accept real things.

Anonymous   19 January 2012 at 22:16

Caveat

when can caveat be filed.and what is the proses.

Anonymous   19 January 2012 at 20:08

Condonation of delay

Can DRT (Debts Recovery Tribunal) entertain application for condonation of delay?