jitendra singh
23 May 2011 at 15:40
A pricipal employer engage 14 employee, and 7 workers of contractor(Contractor pay wages and maintain pf a/c).
1. Does he(principal employer) fall under the category of EPF act 1952?
2. Does he maintain PF A/c?.
Anonymous
19 May 2011 at 13:15
I purchased a Commercial Building (CB) which was being built by a Builder from Delhi, from a Real Estate Agent (REA), acting as the director-(proprietor) of his real estate Pvt. Ltd. Company and entered into an Agreement to Sell (ATS) with him. I paid him the Ernest Money (EM) and as per written T&C, I was to pay him the balance full & final amount at the time of handing over the completed CB by him. In the ATS there was no mention or involvement of the builder and the ATS was signed between Me (Purchaser) & The REA (Seller) acting as the director-(proprietor) of his Real Estate Pvt. Ltd. Company. As the CB is and was under construction at the time of signing of ATS and it was likely to take approximately two years to build, the Seller (REA) showed his inability to provide a date for final settlement of the bargain and he said that he will intimate it to me later, when he actually takes the possession of the CB from the builder. So it was mutually agreed that when the REA takes over the possession of the CB from the Builder he will intimate the same to the Seller immediately, and then, the final date for Balanced Full & Final (Total amount-EM) payment and Closure of the Bargain shall be decided. The same was reflected in writing in the ATS. Also at the time of agreement he was asked by the Purchaser to show the Original Documents along with the payment receipts to the builder as well as give an attested photocopy of the same, which he said he will show & provide them later, as he has still to collect them from the Builder. The purchaser agreed to that in good faith at that point of time, believing he will honour his word, because REA (The Seller) claimed and showed to be a follower of Brahmkumari Sect having own established company and appeared to be a good man. However the REA has failed to either show the originals or provide the attested photocopies of them to the purchaser till date in spite of repeated verbal and written requests. However after about six months the REA wanted that the purchaser should pay him the Balance Full & Final amount as per ATS, and then close the ATS at a date in between with REA and should get transferred to the builder so that the additional further payments be paid directly to the builder by the purchaser as per certain construction linked plan and thereafter when the CB is ready then the purchaser shall take the direct possession of the CB from the builder. Thus he wants to collect all the money from me without actually handing over of the CB and get clear of the deal with neat profit, leaving me with the Builder. He had fixed a date (31st March 2011) as the final date, but I refused. I told him that I had entered into ATS with you and I will only pay you fully and take full possession from you when the completed CB is in your possession. Also because I am going to pay the full amount to him (the seller-REA), it is my legal right to take the full completed possession of the CB in all respects along with all relevant documents from the Seller alone. The REA then started to threaten me and said he will sell the CB to somebody else and also forfeit my EM if I do not accept this proposal. He has even influenced the witnesses (may be with money or they might have entered into a conspiracy to befool me) to the ATS which are well known to him and is making all sorts of stories to frighten and threaten me. I am a retired Ex-Air Force Officer and I have used my earnings as well as retirement funds to pay the EM to him. I told him that he cannot resell the CB because he had already signed ATS with me and also cannot forfeit the EM paid to him. I even wrote to the builder. Both of them had not replied to me. I have repeatedly sent letters and emails but he does not reply. He neither showed the original documents nor sends their photocopies. Presently I do not know what to do. The ATS was prepared in his office on the stamp paper purchased on his name by his staff. It was signed by both of us and two witnesses present at the time. The ATS was not notarised, when I asked him regarding that he said that notarisation is not required. He gave me the original and he kept a copy of the same. One witness was probably his staff member whom I did not know and the other person was his front-man/promotion agent/salesman etc. etc. This person was earlier working with some other Realtors who expelled him and had always tried to act very friendly with me because he wants to sell properties to me thus making his side-commissions and now claims to be my friend who had signed as witness on my behalf. I feel now they have cleverly entered into a conspiracy to cheat and hood-wink me. I did not know whether the ATS was required to be notarised at that time, however later on I came to know that it need not be notarised. Here my question is at this stage where do I stand? Can he forfeit my EM and also resell-is it legal? How can I prevent him from doing so and get stay from the court at this stage? Whom should I approach? Can I file a criminal complaint for cheating now or have to wait till he actually enters into another sale with somebody? I have no means of knowing if he makes an actual sale as he himself will not tell and builder is also not likely to inform me.
KAPIL
19 May 2011 at 12:42
Sir, It is bring to ur notice that my some blank cheque of saving account, which has already been closed was laying with my advocate(I/Tax). Due to some difference with him, he is misusing my old cheque and suit upon me u/s 138 and demanding money from me that he has given some cash loan Rs.2 Lacs to me against one cheque out of total cheque laying with him.I had never signed any loan agreement nor signed any cheque.Kindly advise me.
Padmanabhan T R
06 October 2010 at 15:03
I bought a Whirlpool washing machine from a popular dealer in Coimbatore about an year ago. Soon after, it went defective. The local unit attached to Whirlpool tried its hands on it & declared the defective part obsolete. They said they will replace the washing machine. It was replaced after 6 weeks of pursuit (Apparently these are not relevant now!).
Now the machine has gone defective. It is idle for more than a month – all within the warranty period itself. They give vague promises of setting it right soon but there is no sign of it happening. They talk of wrong invoices, delay in supply of the component, its non-availability and so on – all a string of excuses to explain away the inconvenience caused to us. At the time of sale & installation they gave a promise of ‘Service within 24/48 hours’ but the warranty book makes no mention of any such time limit.
What can I do to make the company realize its indifference?
• What is the legal course available for me here?
• Can a company be made to commit a time frame to set right, defects in household appliances it sells?
• If it fails to do so, can it be made to compensate the customer reasonably – in terms of making available an alternate appliance to serve in the interim period?
• Can the customer be compensated for the inconvenience / harassment he goes through?
• Can the companies supplying household items be made to declare explicitly (may be through a clearly readable sticker on the device) service conditions / constraints binding on them?
Anonymous
06 October 2010 at 14:04
Dear All,
In case the agreement amongst the parties provides for the appointment of a sole arbitrator under which provision the same can be agitated and the other party can also rightfully appoint second Arbitrator. What are the modalities for the same - is there any limitation period - under what time limit the both arbitrators have to appoint an Umpire.
Thanking you in advance
Best Regards
Anonymous
Anonymous
06 October 2010 at 13:18
Dear Sir/Madam,
Please tell me the full process of WILL. Where we have to register etc.
Regards
Anonymous
06 October 2010 at 13:00
Dear Sir,
Do we have any Affidavit /Undertaking for translation into English as one of our subscriber to Memorandum cannot write in English.
Mugundhan
06 October 2010 at 12:56
Dear Experts, in a petition filed before the court, to set aside an arbitration award U/s.34 of the Arbitration and conciliation Act, whether the arbitrator should be added as a party?
karthikeyan
07 June 2010 at 15:06
Dear sir ,
My Grand Father died three years back , he has four 3 sons and 1 daughter , he has not made any partition and as all members in family are not in good relation the properties had not not been partitioned till , can my father sell his share of property without being partitioned according to partition rules if not wat is the best alternative to avail. we don want to file a suit and this cannot be settled out of court also give your suitable advise
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After Arya Samaj marriage
Hi ,
I have recently done Arya samaj marriage and got it registered from Local Nagar nigam office.After marriage the girl has gone to her place and will be joining me soon. The girls parents are very influencial. Her fater is a Judge and Brother is a lawyer.
Now my question is when she joines me shall we go out directly for couple of days or stay at my home....
If we go out and get copy of marraige certificate to my parents , Can police bother my parents or they can not do anything... After getting marraige certificate can girls fater Logged a case of KIDNAPING AGAINT ME ???
iF WE STAY HOME AND AFTER SHOWING ALL DOCS CAN POLICE ASK US TO COME IN POLICE STATION OR USE THIRD DIGREE WITH BOY TO CHANG THE STATEMENT OR THEY HAVE NO RIGHT TO BRING US IN POLICE STATION ...?
PLEASE TREAT IT AS URGENT AS I AM PLANNING OT BRING HER SOON ...WITH ME