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Queries Participated

Rama mohan Acharya   18 July 2017 at 15:51

Jurisdiction of consumer forum

I had booked a flat with a builder. During the booking the builder got signed a declaration form(pre-printed in the letter head of the builder)on April 2015 wherein it was stated in one of the clause that if the Development plan is not approved on or before 31.3.2015, then I shall have the option to seek refund from the builder for the amount towards initial reservation of the flat along with 15% simple interest. It is on the record that the Development plan was approved on 1.8.2016. I had intimated the builder regarding my opting out from the booking on 25.10.2016 and requested them to refund the amount deposited by me along with interest@15%p.a. but after much pursuation the builder refunded only principal amount only without interest. I filed a complaint in the Dist. Consumer Forum. Learned Dist. Forum at the admission stage itself rejected my complaint holding that "once complainant received the amount back from OP he seized to be the consumer. Secondly the complainant himself cancelled the booking of the flat and the OP refunded the entire amount paid by the complainant. Therefore, there is no privity of contract existing. Further the complainant cannot claim only interest by filing complaint and the subject matter will not come under the domain of the Consumer Protection Act." In fact I had prayed for interest + Compensastion + damage for deficiaency in service + cost.
Agrieved with the order, I had approached the State Consumer Forum. Now State Forum seeks from me to place any citation for allowing the complaint for interest.
Seek your guidance. Any citation, please indicate. Regards

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Rama mohan Acharya   16 February 2017 at 17:04

Arbitration

In the Arbitration(amended) Act 2015, there is a schedule for fees. In the note to the said schedule it is mentioned that in case of sole arbitrator additional 25% fees will be payable extra.
My query is whether the Arbitral tribunal(consisting of three arbitrators) is eligible for the fee stipulated in the schedule or they can ask for extra fee per sittings? There is no court order to appoint the arbitration. It is between two parties only.
further in case of appointment of sole arbitrator, can he ask for addtional fee per sitting?
Kindly advise.

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Rama mohan Acharya   02 June 2016 at 12:03

Transfer of property nd income tax

Both Husband & wife are salaried employees. They have one house at Delhi. Though there is nothing stated in the deed regarding proportion of ownership, husband claims 92% & wife claims 8% on housing loan for the purpose of Income tax.
Now they have purchased another house at Lucknow in joint name. Here also they have taken housing loan in joint name. No share of ownership is defined. Husband's name appears first & wife's name come later in the Deed. Loan is also in the same pattern.
Husband wants to avail full benefit of Income tax on Housing Loan on the property of Lucknow. He wants to execute some document for Delhi property so that wife will be sole owner & can claim full benefit of Income Tax rebate.
Is it possible? If yes, what will be the procedure.

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Rama mohan Acharya   01 February 2016 at 10:01

Order of deposit by high court

In many cases, the High Court is used to pass an order to deposit certain percent of the disputed amount and grant stay on execution of demand notice.
My query is under what authority, the High Court pass such order. Is it Extraordinary jurisdiction of High Court?
Can the order of High Court be challenged in Supreme Court by filing SLP?

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Rama mohan Acharya   20 April 2015 at 15:27

Clra act

If an order has been passed Under rule 25(2)(v) of the Contract Labour Regulation & Abolistion Central Rules, then who has the power to impliment thst order?
Can Central Govt Indusrtial Tribunal cum Labour Court(CGIT) has the jurisdiction to see the legality of such order if referred to it by the appropriate Govt under section 10(1) d of Industrial Dispute ACt 1947?

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Rama mohan Acharya   27 February 2015 at 16:04

Applicability of property tax by municipal corporation on central psu

The Municipal Corporation of Uttar pradesh dtaring levying Propert Tax on Central PSUs on the bais of a jugement of Supreme Court in Food Corporation of India matter. As I understood, FCI is a autonomous body and we are Central PSU . In our case 100% share capital held by Govt. of India. Is it applicable to us? is there any superceeding jugement?

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Rama mohan Acharya   26 December 2014 at 14:22

Communication with un recognised union

We are a Defence Public Sector Undertaking. We are having five registered unions of employees. Recently the Labour machinary had conducted referendum for ascertaining the majority union and issued a letter that one union , which have emerged with large no. of members to be recognised for two years. The management accorded recognition to that union. Few other unions are making correspondence with the Mangement on various issues including issues of common nature. Management is of the view thatr since a particular union has been accorded recognition, we should make correspondence with them only not with others. Is it legally correct? Whether the other unrecognised union have any right to be corresponded by the Management on their letters?

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Rama mohan Acharya   16 December 2014 at 14:06

Co-workman in departmental enquiry

This establishment is a factory and have its certified standing orders. As per the provision of the standing order, any delinquent employee can take assistance of a co-workman in the departmental enquiry, if he so desire. In a case a delinquent employee opted for an employee as his co workmen in the enquiry he is facing. The enquiry officer gave his permission and recorded in the proceeding. The charge sheeted employee is demanding to the enquiry officer to send written communication to the Departmental head of the co-workman. There is no such provision in the standing order. Practice being followed is the enquiry officer only grant permission. It is the responsibility of the charge sheeted employee to bring his co-workmam.
Is there anything wrong in the practice followed? Whether the enquiry officer is required to give separate letter to the head of the department in this context? Kindly advise.

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Rama mohan Acharya   15 November 2014 at 16:43

Benefits for accidents while on official duty

An Officer of a company was nominated to attend a seminar organised in the city. The company rules the officer is getting monthly conveyance allowance for commuting from residence to works and back, It is also a condition that the osfficer is required to use his personal vehicle for official work, within 8 KM radius.In case the officer is required to use his own vehicle for official work, then he is eligible to get reimbursement of conveyance expenditure @ Rs.12/- per KM. Here the place of conference is more than 8 kms and the officer used his personal vehicle. Unfortunately, while going he met with an accident with a cycle rider on road.Subsequently the cycle rider has filed a FIR with local police station. The vehicle of the officer also got damaged . He got it repaired in an authorised service station and claimed insurance for such repair. He had also to spend Rs 10000/- from his pocket for repair which was not allowed by the Insurance Comapny.
Now the officer submitted an application for (i) Reimbursement of Rs 10000/- (ii) Requested the Management to provide him legal aid since the accident occured while he was on official assignment, and Criminal proceeding will be initiated.(iii) Treating his absence for attending Court as duty. It is pertinent that the Comapany do not have any rule for such incidents.
The querry is whether the Management shpuld acceeded to the request of the Officer? I am more interested in this matter because, in our profession also the same incident happens since we the Legal Officers are required to move outside factory for attending various Courts, Advocate Chamber etc and normally use our own vehicle.

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Rama mohan Acharya   13 November 2014 at 09:59

Pf nomination

An employee whose wife has expired during his service had nominated his three children @33% for the purpose of PF. One of the children is 17 years old i.e. minor but he has not mentioned the detail of the guardian. Unfortunately the employee also expired during his service. The management can give the PF accumulation to the two children who are major @ the share declared by the employee.
Now the question is how to settle the amount due to the third child? I could not find any provision in PF Act. Any gudance ?

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