Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Member (Account Deleted)   01 July 2018 at 15:00

Privity of contract - builder - consumer court


Builder 1 had redeveloped our building and agreed to provide me building on the same plot. After we vacated our flat, He entered into development agreement with other Builder (hereinafter Builder 2) and he gave development rights to the said builder. he mentioned in the agreement that all the liability of old occupants will be of builder 1 and not new builder 2. he also mentioned a false statement that builder 1 has provided Alternate accommodation to old occupants (not True). Now at National Commission the new builder 2 states that there is no Privity of Contract between him and old occupants.. Can anyone help me on this topic.

Mr Abhishek Sudhakar   30 June 2018 at 21:46

Outstanding Salary

I am working in Noida Sec 57 and the Company has not paid salary from last 2 months and they are not giving me salary and offer letter also
What is can do
Call-9540053957

Samudra   30 June 2018 at 18:00

Challenging the WILL ?

Will was written by grand mother in the year 1976 (now no more), property is given to my biological father. My adopted father (I have come to this family as adopted daughter) acted upon the WILL. Later my adopted family adopted a male boy, and denying my right in the family. By seeing all this my biological Father wrote a WILL by transferring ALL The Property which he got from my grandmother (of the adopted family) in the year 2010. Now, All of them have died. My question is, can my co-adopted male Child family can challenge the WILLS of 1976 & 2010.
Thanking you ALL in advance.

Mohammad Ali   30 June 2018 at 17:54

Writ petition in bombay high court

what is meaning of the following;

Coram:- REGISTRAR(OS)/PROTHONOTARY & SR. MASTER

Stage:- FOR REJECTION [ORIGINAL SIDE MATTERS]

our bldg is under redevelopment & builder is not ready to give registered permanent accommodation contract that why builder has filed Writ Petition in Bombay High Court against the tenants. one hearing already done in April next hearing was on 06th July but now on high court site the hearing date is 03rd July under coram mentioned REGISTRAR(OS)/PROTHONOTARY & SR. MASTER & Stage : FOR REJECTION [ORIGINAL SIDE MATTERS]

what is the meaning of that?

Plot NO 119,FLAT NO. 8 Bapuji   30 June 2018 at 13:27

My portion of land sold by my cousin

Respected sir ,i respectfully submit my problem as below:
1. My Grand Father (GF) purchased 4 acres on simple white paper in 1970s.
2. In 1989 ,after death of my Father and Grand Father, my fraternal uncle (younger brother of my Father) approached the Hourable court and obtained perceptual in junction order for that four acres.
3. But my uncle deceitfully mentioned the boundaries so that his portion of 2 acres land having easement of NH-9 and our portion of 2 acres land without easement and adjacent to him. which is quiet wrong. These four acres are distributed by Grand father as alternatively from NH_9 i.e. 1 acre Uncle's and other one our's and third one uncle's and fourth acre is our's.Since date of purchase till to day we are cultivating and giving to lease and enjoying and on possession.
4. In 2019-10 it came to know that deception.Because as a Kartha of our family my uncle kept our documents with him only.In 2019-10 we sold two acres to M/s Jasper Industries. That time we all brothers arrived to one peacefull conclusion & our own brothers partitioned our two acres as per possession and accordingly I get registered my portion of land. My younger brother and my cousin sold their respective portions.
5. In 2016 , another party has come to purchase the remained 2 acres and we all decided to sell them .Accordingly prepared sale agreement.Mean time i have posted to Maharastra. My cousin requested that since i am only loosing the half acre of land in NH-9 expansion. and we have our portions in alternative positions.It is inconvenient to cultivate. It could be better if we all turn to facing to the NH-9, all of our portions of land will get easement .On individual choice we can sell or enjoy.
6. So I have agreed and accordingly we have made agreement on white paper in which he agreed to give compensation paid by Govt for loss of land in NH-9 road expansion..We also accepted to bear the loss of land gone in NH-9 expansion.
7. After this agreement we called that party who is willing to purchase. and made agreement on bond paper in which we categorically and clearly mentioned boundaries of our portions of land of every individual. All legal heirs signed and scanned and mailed to me for my signature.All i.e. my cousin and my own younger brother and legal heirs have taken advance or 1/4th amount of total amount.I have requested them to deposit in my A/C through cheque. After repeatedly requesting also not deposited.But they are forcing me to sign on mailed agreement. But in that agreement it is clearly mentioned that 1/4th amount is paid by cash/DD/cheque. But they have not paid to me in any mode.
8. SoI have not signed. Since they signed and taken 1/4th amount they are accepted to sell their portion of land.They should sell accordingly.
9. But they sold as per old boundaries so that my portion of land having no easement. by showing the court decree in which boundaries were mentioned deceitfully.
10. In view of above I have approached the hounarable Junior Civil Court under jurisdiction of the land in my village for Injunction order.
11. They have submitted the reply to Honourable court's summons by showing my portion of land is third one i.e. adjacent to cousin's land.
12. In these circumstances can I get justice. Can I get justice as per my registered portion of land. Shall Honorable court will consider that the finally agreed boundaries are to be followed by all stake holders.
13. Respected sir/Madam, in my previous querry you have abosutely adviced for my Temporary duty case. Now that case peacefully resoled without any punishment. My Department also agreed with your advice.
14 So I have a increased faith on your jury and I have faith on God of Almighty that just will get justice.
15 For any clarification, please contact to 9603083968( whatsapp) and 9110569186.
16. Thank you very much sirs and madams.

Member (Account Deleted)   30 June 2018 at 12:04

Consumer court question raised for privity of contract

Builder 1 had redeveloped our building and agreed to provide me building on the same plot.
After we vacated our flat, He entered into development agreement with other Builder (hereinafter Builder 2) and he gave development rights to the said builder. he mentioned in the agreement that all the liability of old occupants will be of builder 1 and not new builder 2. he also mentioned a false statement that builder 1 has provided Alternate accommodation to old occupants (not True). Now at National Commission the new builder 2 states that there is no Privity of Contract between him and old occupants..
Can anyone help me on this topic.

I am Jay Shah (CA & CS) plus LLB 2nd year student

This was just a short summary of case for those who are removing their valuable time for social help out of their busy schedule.
Brief facts are as under

Builder 1 entered into agreement with my LATE grandmother, wherein he agreed to redevelop the property on the SAME PLOT and provide flat on 1st floor with block no 5
after we vacated our premises he also contracted similar agreement with occupants of adjacent plot/building.
He merged the two plots
He constructed a building on the rare side of the plot (back side) with no amenities as specified in the agreement.. no parking space.. no otis lift.. no play ground... and he shifted the old occupants with false promises, misrepresentation and threats to that building.. (he used very little space of the plot to construct this building for the purpose of leaving rest of the space for commercial purpose)
He also entered into development agreement with builder 2 wherein he transferred Development rights to the said builder to construct Hospital on the same plot.. then builder 2 constructed a hospital.
No consent were taken when the two plots were merged
no Consent were taken for change in development plan
we were not provided with flat on the same plot
we have not entered into any agreement nor accepted the said new flat on rare side of the building..

MY grandmother is expired
leaving behind a Notrised WIll on my favor

Q1. Builder submitted affidavit at Consumer Court mentioning therein that I have no right over the property
as agreement was with my grandmother and I have not submitted Probate for it??
Is Probate required
and is he justified in saying that I have no rights over the property

Q2. Builder 2 says there is no Privity of Contract between him and old occupants.


Thank you so much for your valuable time.. If possible support me with relevant case law and provisions..



Mr Sreejit   30 June 2018 at 02:38

Can supplementary application under o 7 r 11 be filed?

Dear Seniors and Experts,

In a suit for title and possession, the Defendants filed an Application under Order 7 Rule 11 (a) and (d).

Earlier Hearing O 39 Rule 1 and 2 along with Order 6 Rule 17 were conducted.

On filing O 7 R 11, the next date is posted for hearing this in July.

Pending hearing of the application, can the defendants file supplementary and/or Additional petition incorporation some other points attracting O 7 R 11 with a prayer to hear it out along with the previous application who's hearing is not yet started?

If any clarification or further details required or otherwise, please let me know.

Regards,

Sreejit.

Ankit   29 June 2018 at 13:48

Someone sold my land

Hi,

I am having a land registered on my name. I bought this land 25 years back.
I came to know that some person sold my land to some other person (2nd person did registery of my land to his wife from registrar office, 2 months back). I came to know about this from some person and verified it from the registrar office.

I am not sure how it was done, but I know one thing that couple wants to do the fraud.

Please advice what to do now, shall I lodge a FIR in police against the couple ?
Or shall I file a suit against buyer, seller and registrar and it will be criminal suit or civil suit?

shubha subramaniam   28 June 2018 at 17:12

Ban on use of common terrace on account of pets

I am the owner of an apartment in a complex at Vandalur, Chennai.
I have 3 rescued dogs that live in my apartment. I would like to take the dogs to play to the common terrace twice a day at a time when no one elese is using the terrace. I am willing to discuss with the neighbours and abide by timings for this purpose. However, the builder who has handed over all the flats in the building but has other buildings under construction has barred the door preventing me from using the terrace. There has been no mention of pets in the sale deed etc. There is no association formed as yet.Kindly advice

Anonymous   27 June 2018 at 00:44

Dear lock under cheque bounce case

Dear Gentlemen,

In 2010 my father on behalf of self and family members landed some lac rupees to a elite business man , in city as loan , against 5 Post Dated Cheque. Accused stopped paying the interest in the year 2013 and subsequently all 5 cheques for principal amount issued by him got dishonoured.

We filed case under the article 138 and since then not even single time he has been present for hearing or honored any warrant or notice served by honorable court. As per my strong information, he bribes the policemen every time who come with warrant and information of warrants reaches to him before the police.

Since 1 year after demise of my father, i am following matter with support of my fathers lawyer in the honorable session court, and seeing number of years and arrest warrants issued before going in vein, honorable judge has disposed 2 cases one month ago and issued a permanent arrest warrant under them.

But most unfortunately due to the said police and accused nexus, the warrant has not even reached even to the concerned police station ! The business man is living lavish , office home work life.

In other 3 cases on my lawyer behest, judge is now sending arrest warrant threw SP office but of same outcome, police return back warrant mentioning accused not found on address (before the next hearing date assigned ). I have recently met SP in person and asked for his intervention to solve the matter with an application, but have not heard back till time.

Please guide me what are options with me hereafter. I have started loosing hope and trust in system, will i ever get my money back ?