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Anonymous   06 July 2021 at 20:53

Pending maintenance dues from a non co-operating flat owner

Dear Experts,
Need a guidance on the below:
We are an apartment association registered with Registrar of Society, Karnataka.

There are in total 35 flats in the apartment. One of the flat owners is very rude and they have moved in to the flat without obtaining an NOC from the association though they knew that the previous owner had some pending maintenance dues. The notice in this effect was prominently displayed on the entrance to the lift and passage. Also they have chosen not to become members and membership fee is still not paid. They forcefully park their vehicle in the parking area eligible for their flat, though the parking space is not yet allotted to them by the association for non- submission of NOC before moving in to the flat.

They are very irregular in payment of monthly maintenance dues, as well as other payments towards society developmental charges. The maintenance is due for more than 18 months. They do not stay in the apartment and they don’t visit also, as the flat is not occupied. The association has been following up for the dues since long time without a luck. Very recently, when they visited the flat for renting it out, association approached them to discuss about the pending dues. However, they argued and said they are not going to pay anything as the flat was not occupied. We referred them to the relevant clause of the association bye laws which talks about amount as decided by the association . Suddenly they became violent and came attacking one of the association members. Considering the verbal abuse (foul language) & loud threatening words and basis the CCTV footage we filed an NCR with the local police station. Though outside of the police station, they agreed to clear the dues but there is no action from their side yet.

Hence the association has decided to proceed legally to collect the dues with interest, as per bye laws. In this reference, we approached a legal help but his advise has raised further questions. He says, even though we are registered with Registrar of Society, we can’t proceed for collection of pending dues, unless the association is registered with some specific authority (just like municipal authorities).

- Is there any such law which stops the apartment association from collecting the genuine outstanding just for not registering with a specific authority?
- What is the legal remedy for recovery of outstanding dues from apartments owners and under what section laws?
- What is the procedure for initiating an action?
Any valued opinion and guidance from the experts
We would request opinion vis-à-vis laws in the state of Karnataka if any.

Thanks in advance….

amol   05 July 2021 at 21:36

Status in court

Dear Experts,

I want to know meaning of NOB or TOB in court status.

The status of court in rozanama put is " NOB or TOB defendant 8 present".

What is the meaning and long form of NOB or TOB?

Thanks for your help.

Brijesh Sharma   05 July 2021 at 20:54

Compromise decree

A, B, C are family members in which C is a female member. D is the minor daughter of C and E is father of D. Now A, B, C have compromised under order 23 rule 3 of CPC in a civil case in December 2017.
In compromise deed they agreed that -

1- A will execute the sale deed of his share in land to minor D under the patronage of C and E in one year.

2- That A and B will give some money to C after the resolution of this matter.

3- If terms of the agreement are violated by any of the parties then the agreement will be void and ineffective.

Court recorded the first two point only but not recorded third point from the above agreement and ordered and decreed that -

1- D received share of A in land according to agreement which will be owned and controlled by her and in this regard A will execute the sale deed in the name of D.

2- According to the agreement A and B will give some money to C.

3- Submitted agreement will be part of the decree.

Now the questions is -

1- what is the time limitation to execute sale deed and to give money, 12 years, 3 years, 4 years or 13 years ?

2- Third point of agreement will be applied or not in execution of the decree ?

3- D is minor and E is father of D and both were neither a party in civil case and nor in compromise petition. Limitation period will be applied on both or not as per compromise petition or decree. If yes then What limitation period will be applied for D and E to execute the decree.

MAHENDRA   04 July 2021 at 02:08

Help me in consumer protection act

Dear sir, I had purchased one combined tractor mounted crop cutting harvester from John Deere showroom. Tractor is basically from "John Deere' company and Harvester box is from "Panesar company'. I started making complaints 10day's after I brought the machine.Mainly I had problem with harvester box which is got Poor material quality and not providing any servicing neither by dealer nor by harvester company. Panesar is also an "ISO 9001:2015 certified company.They never providing me single repair (servicing) nor responding to my complaints. I had complained to the John Deere company about the product their dealer sold to me but John Deere' backed them instead of taking action against them. I had complained to the Showroom Dealer,John Deere and Panesar company many times via phone and mail's. After 6 months now they are talking about the warranty which my harvester doesn't cover under warranty as my warranty was expired.Now they are telling they can't provide any free service if I want any Service I have to pay for it.I could not bear the fact that their machine caused me a lot of damage financially. Sir can I get compensation in this regard?

Anonymous   03 July 2021 at 16:37

Civil law

hi sir recently i have inform that my grand father(nana) have left some legacy for me .but when i read the legacy paper he used my second name that he used for called in house . can it create a problem for me ?? how i can solve this problem please perusal on this problem

Anonymous   02 July 2021 at 22:34

Sports association registered under two different acts

Dear Madam/Sir,
My coach had got the sports association registered under Companies Act but one of the members secretly got in registered under Trust Act as well and now has approached the Ministry of Youth Affairs for the recognition of the said sport. What can be done in such a scenario?

SDOP NMA RGT   02 July 2021 at 06:00

Video recording without consent

Hello;
i need to know about the rules of video recording in govt office without consent of the officer in charge:
In a case with one of my female contract employee wherein she was absent from work for almost a month due to lockdown and i've asked her to join the office otherwise i may have to engage some other staff living nearby for the period of lockdown and she can re join after the lockdown, and then she came to my room next day and starts recording video in her mobile phone which she was holding in her hand , upon noticing her i asked her not to do it, then she stopped.
even though i asked her to join afterwards but i felt i was not at all wrong in informing her about the work conditions of company , and she should not have done this even after paying full months salary last year when she was absent for months together, now i am in a position where i am really scared if she files a false complaint against me in future if i try to be strict with her about the works etc.
is there any legal provisions where i can just formally lodge a complaint about the illegal video recording or an advance complaint about her, while she was filming in her mobile one of my assistant female staff was also present in the room and she is a witness to it.
pls advice as i can not terminate her from her job also since she's working as contract staff for almost10 years and she's got her family obligations too.

Thanks

Nayan Agrawal   01 July 2021 at 14:19

Police verification

Sir I am preparing for armed forces... I met with an accident and an FIR is lodged against my name for negligence driving .. The trial is still going on and it will take around an year for the matter to be resolved... If I clear the Interview round will this accidental FIR affect my police verification clearance ?

shyam lal   28 June 2021 at 20:26

Limitation act

Father expired 16 years ago only yesterday one of the beneficiary of a registered WILL came to know that he has 1/3 share in the self aquired property of his father , and Haveing not residing in the house all these years the beneficiary wants to claim Mense profit from rest of the co share holders ,query is ,will he be debarred by the limitation act,or not

Anonymous   28 June 2021 at 16:07

Infringements of rights

Dear Experts,

Recently I have been staying in apartment where due to covid 19 , secretaries are coming with illegal laws  without circular and without any society being registered. One of instance where secretary didn't allow relatives or anyone inside the premises and this all they are doing without any circular. They have kept a bunch of security guard who are acting as securities for these so called secretary.

Another instance where they are not giving proper allocation of parking .

And another instances where they are not allowing essentials like medicine , food and groceries to be delivered  to the tenants rather they are forcing people without any circular to pick this outside. They are not providing any circulars with signature or society number. 

I feel this are against the rules which government has set and i feel this are infringement of human rights. 

Please enlighten as to where we can complain this . and what actions can be taken against this. Â