rajan chopra
24 October 2014 at 16:55
B EXECUTED A PRONOTE FOR MONEY IN FAVOUR OF A IN DEC 2011.IN OCT 2014 A CAME TO KNOW THAT B HAD LEFT HOME WITHOUT ADDRESS.NOW HOW CAN A INCREASE LIMITATION
PERIOD SO AS TO HAvE ENOUGH TIME TO TRACE OUT B ?
Partha Roy
24 October 2014 at 13:07
An order was passed by NCDRC in our favour on 23.05.2014 and the O.P was directed to execute the order within 30 days of receipt.
The order was received by O.P on 16.06.2014.
We filed Execution Order in State Commission on 25.07.2014 and a notice u/s.25 & 27 of Consumer Protection Act was issued on this date.
Date of Service Return is fixed on 30.10.2014.
As per provisions of the Consumer Protection Act, is the State Commission required to give any further time to O.P to comply with the said notice or can the State Commission implement sections 25 & 27 immediately?
Here is wishing a very happy & prosperous Diwali to all of you.
Regards
Partha Roy
Aakash Singhal
24 October 2014 at 12:10
can rajasthan housing board refuse to transfer the name in a freehold land?
AMITS
24 October 2014 at 01:14
(A)
4 BROTHERS + 5 SISTERS =9 CHILDREN,THEIR MOTHER DIED IN JAN 1977 AND FATHER IN DECEMBER 1977. AFTER MOTHERS DEATH SHE HAD AN AGRICULTURAL LAND PURCHASEDBY BY HER WITH HER OWN INCOME, MUTATION WAS DONE BY CONCERENED REVENUUE AUTHORITIES IN FAVOUR OF BROTHER, SISTERS GAVE AN AFFIDAVIT THAT THEY HAD NO OBJECTION OVER MUTATION IN FAVOUR OF 4 BROTHERS.IT WAS DONE IN PRESENCE OF FATHER.
unfortunately ,revenue authorities in their note did not mention any thing about noc by sisters in mutation note nor the records are available ( as under rti authrities are not bound to give records beyond 20 years.) they might have beendestroyed , lost,anything could have happend.
(B) LATER LAND WAS ACQUIRED BY STATE GOVT AND COMPENSATION IN LIEU WAS TO BE PAID ,THEN ONE SISTER TURNED HOSTILE AND CLAIMED HER SHARE IN COMPENSATION i.e. 1/9 share, fshe filed case in revenue court in 1994,(pending)
(c) rest of 4 the sisters later in feb.2010 executed a proper registered release deed stating and confirming the stand of the brothers that they gave an affidavit to tehsildars for mutation in favor of 4 brothers and the the 5 sisters also signed the same affidavit in the presence of their father who was alive at that time.
(d) 5th siser who is claiming her share in compensation got stay from high court on whole compensation land which was to be givven in lieu of acquisition.
4 brother are yet to file their reply.
(e) my question is why high court stayed whole land when only 1/9 was claimed, rest of the sisters have already released their rights through registered release deed.high court should have directed to stay only 1/9 part of the compensation which was claimed.
(f) kindly give suitable similar reference most similar or some landmark judgements hc/sc which could prove to be helpful in our next hearing . kindly, also provide your valuble inputs in this case !
Anonymous
23 October 2014 at 18:41
I am Tanveer Shaikh, residing at Andheri West, Mumbai. I wish to know the process how can i get my parents name change in my birth certificate since their pet name is update in my birth certificate as Aslam Shaikh and Salma Shaikh whereas their real names are Vajid Shaikh and Hasina Shaikh.I will be really obliged if someone can help me overcome this problem.
GANGAM.RAJENDER.
23 October 2014 at 17:53
RESPECTED EXPERTS AND HAPPY DIWALI FOR ONE AND ALL,
THE RESPONDENT HAS BEEN EXPARTE INTENTIONALLY TO AVOIDE THE PROCEEDINGS.
Q1. PLAINTIFFS WANTS TO CALL FOR THE DEFENDANT FOR PROCEEDINGS AS WHAT IS THE PROCEDURE TO BE FOLLOWED .IF ANY C.P.C SECTIONS OR ORDER AND RULE PLS PROVIDE SIR.
Q2.AS THE WHAT WAY WE HAVE TO BE PROCEED ALTERNATIVE SERVICE OF SUMMONS IS POSSIBLE IN THIS CASE?.
HAPPY DIWALI FOR ONE AND ALL EXPERTS.
THANK YOU SIR.
Member (Account Deleted)
23 October 2014 at 14:16
Hello Sir,
My maternal grandfather has self-acquired property registered on his name. He died intestate in 1986 and was survived by his wife and five daughters. My maternal grandmother expired few months back. The elder four daughters have been married. The youngest one (unmarried)was living with her mother on the mentioned property which is still on name of my grandfather. Now that my maternal grandmother has also died intestate please let me know if partition suit can be filed so that my mother will get her share as other sisters are refusing to acknowledge her share in property. Also let me know approximately what will be the time taken by court for settlement of partition suit and the court fees.
Thanks in advance.
Jitendra
23 October 2014 at 12:57
Hello,
I bought a flat in Gurgaon by one of the famous real estate firms. The township has 5 blocks-A, B, C, D and E. My flat is in C Block. I bought it in 2010. The builder collected 30% of the money as well as 10% more (total 40%). The last installment of 10% was to demanded only at the commencement of construction. But the builder never started work in my tower.In towers A and B, the structure work is almost complete but there is no worker on the site since last 1 year.
As per the agreement, the builder was supposed to hand over my flat in 2013 but in my case, the construction never commenced. After much negotiations with the builder, the builder is willing to issue me a letter which will state that i will be entitled for the discount equivalent to 11% interest rate on the excess 10% installment that i had paid.In addition, the builder will also pay me delayed penalty of Rs.10 per square feet per month.
Now if i approach a court, what all options i can demand. I am not satisfied with interest rate on my money because that amount i would have earned even if i had deposited the money in my bank account. I can not ask for refund because whatever money i will get, I cannot purchase the new property because prices have gone up since 2010 and it is impossible for me to purchase a new flat.
I want my flat as soon as possible and the compensation also. What will you suggest to me?
S.N.Derashri
23 October 2014 at 12:15
1. Is a statutory body charging fees for issuing/ granting or renewal/ resumption a license "SERVICE PROVIDER" under Consumer Protection act?
2. Is there any ruling to support this proposition?
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Consumer protection
An advocate applied for suspension of license due to joining an employment.
On his retirement from service he applied Bar Council of the state to resume the license. The Bar Council refused to resume under certain irrelevant reason. The Order was challenged and the High Court set aside the order and directed the Bar Council to resume the license. My Query is that" As the Bar Council of the State[A Statutory Body Constituted under Advocates Act] Charges fees for enrollment as well as for resumption of suspended license, so also for renewal of license after every five years, does the Bar Council falls under the term of "Service Provider" and the Advocate is a Consumer? Can the Advocate submit a complaint under Consumer Protection Act for Deficiency in service against Bar Council for not resuming his license for irrelevant and illegal reason which not only dragged the advocate in uncalled for and protracted litigation but also deprived him of his livelihood as well as reputation.