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hage nibo   29 March 2009 at 19:31

Consumer Redressal

Mr.X has shopkeeper's insurance policy against his shop; all the premium upto date-paid till now & continuing.

The Shop was burgled on 14/08/2006.The company was accordingly informed of burglary on 16/08/2006.

Police investigated and entered the incidence in police' "General Diary Entry" only the same day,but the case was not registerd by the police later.And the burglar untraced till now.

The claim was made to insurance company after a month with all necessary documents like copy of FIR,police reports .

But the company rejected the claim for the want of final disposal report of the case from Magistrate.

When magistrate was contacted, it was discovered that the case was not registerd,hence no report.

Upon contacting the police station, the police says that the police report having GDE number will serve the purpose and, as a good number of days have passed,hence the case can't be re-registerd by back date.

But the company insisted on final report by the magistarte and closed the claim file after serving notice for several times regarding final disposal report from the magistrate.On the other side police kept on repeating the same.

Having no option,Mr X went to District consumer forum for redressal on 30/04/2008.But here too; it has been a year,waiting for the forum to respond.What should mr. X do now?

N.K.Assumi   29 March 2009 at 17:23

Dismissal of appeal for default

Dear All,
In an appeal proceedings, the apellant after filling appeal petition and after filling of Affidavit in Opposition by the respondents, the appellant do not appear on several occassion to hear the FAO on merits. In such a case can the appellate court dismissed the appeal on merits inspite dismisal of appeal for default?

N.K.Assumi   29 March 2009 at 07:10

Breach of Agreement:

Government acquired a large plot of land for development of administrative complex, and agreement was entered with the land owner that all the unskillled work would be allotted to the land owner icluding IV grade staff.But no development was made nor IV grade post was offer to the land owner and the land became a waste land for nearly 11 years.Now the land owner desire to enter the land and possess it as there is breach of conditions by the Government.In this position does article 66 of the LA apply? or it is covered by other provisions of the LA.

ess oberoi   28 March 2009 at 20:05

true interpretation of judgement and order

The consumer disputes redressal forum directed the "opposite party to refund to the complainant a sum of Rs. x against down payment of Rs. y amount on account of deficiency in service on their part".
In an appeal the State Consumer Disputes redressal commission "allowed the appeal of the complainant by awarding a compensation of Rs. T as compensation which shall also include the cost of litigation."
My simple query, Is x amount separate from t amount ? or t amount includes x amount ? Does compensation include the refund also ?

sushil tagaliya   28 March 2009 at 16:19

Abuse to my cast

Respected Sir,
I also want to know whether i can lodge FIR against a person of upper cast in Haryana (i belongs to Mali cast) under SC/ST Act. because he abuse my cast

sushil tagaliya   28 March 2009 at 12:48

Abuse to my cast

Respect sir,
I want to know legle provision against a person of upper cast abuse my cast

imthiyaz   25 March 2009 at 13:17

Need citation

Repeating the queston with details

After preliminary decree before filing final decree petition, one of the decree holder A who was a 3rd plaintiff in the decree died ,
The decree holder A had 3 childrens B the son c and D the daughters, the son B had predeceased the decree holder A with 3 childrens G,H,I,,

while filing final decree petition the legal heirs of the decree holder A, were brought on record, but by mistake the legal heirs G,H,I of predeceased son B were brought on record along with their aunts C and D,
As per Mohameddan law Orphaned grandchildrens are not entitle for any share in their grandparents property, and hence we have objected in pending final decree proceedinds to strike out the legal heris G,H,I of predeceased son B.
But the judge is arguing that in Final decree proceedings only the shares as per decree will be divide addition and deletion as per personal law is not possible etc etc, But we know Final decree proceedings is continuation of original suite and hence
anything can be done in final decree proceedings,

Hence in need of citation where legal heirs not entitle for share are striked out in Final decree proceeddings..

Yes the persons will not get the share even if they are on record, since they are on record from past 10 years we want to strike out them before the closure of final decree proceedings, for which the court is arguing it cannot be done etc etc

Thanks

SHIESTA007   25 March 2009 at 00:54

Land Grabbing Case

Mr A is the owner of the vacant plot. One evening, when A visits, his vacant property and notices that a shed construction has been started and later when made shifting enquires and comes to know that someone has sold A property to D.
A comes to know that the property has been sold way back before 2 yrs and finds in the mutation records that one Mr Z has made GPA of A and then sold to his family member Mr Y. Then Mr Y has sold to Mr D.
Mr A has filed criminal and civil case against all the frauds.
My query is as follows
When Mr A took the property in 1980 it was for Rs 80,000/- and now when the land grabber Mr z and Mr y has sold it to Mr D in 2006 it is for Rs 10,00,000/-. The suit filed is for the cancellation of the fraudulent Sale deeds and Should Mr A pay the required court fee of 10% of Rs 10,00,000/- for the cancellation and possession of the suit property?

The titles are clear sale deed in the name of the Mr A and when the frauds have made the illegal, bogus documents and created and made mutation in their names in the record of rights but still Mr A has to pay the court fees of 10% of Rs 10,00,000 is it correct ? The layman is not able to pay that much of amount and so is it correct that without payment of the court fees he should not go ahead with the next procedure?
If the frauds do such business then i dont think that the layman would be able to get justice. He would not only be mentally harrassed to see that someone has grabbed his land and when he is unable to pay the court fees, that for his own land he has to pay for his own property , How far is it correct?
so please kindly provide me with the citations that supports Mr A as he is a common man and there is injustice happening in his case.

SANJAY   23 March 2009 at 08:20

leave and license agreement renewal

My leave and license agreement is getting over in June at that time I am out of India is it possible for me to renew the agreement in this month.

SANJAY   23 March 2009 at 08:19

leave and license agreement renewal

My leave and license agreement is getting over in June at that time I am out of India is it possible for me to renew the agreement in this month.