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Azhar Khan   09 January 2019 at 06:28

SRA Eligibility issue

Respected Sir/Madam,
My father has a room in SRA, the construction of the building is done and also just two days back people were allotted the rooms but only those who were eligible, My father purchased the room in 1998 and has the light bill, phone bill and ration card on his name since then and also the he has the photopass of the previous owner, but still we were put in Non-eligible criteria after submitting the documents to the secretary every time he asked, The secretary also asked us some money to make it eligible, we even provided him the same but still the room is not clear and we have not been allotted any room in the building, please guide me as to what should I do now.

Tapashi Sen   09 January 2019 at 02:57

Tenant refuses to pay rent for more 3 months

Hello Sir,

We have our own house in sodepur, kolkata. We rented the ground floor to a family from last march 2018 with rental agreement for 11 months. Rent is 6500 rs plus electricity bill has to be paid by the tenant(we have two separate electricity meters in the name of landlord. One is dedicated to tenant usage). As they are always reluctant to pay the rent and electricity bill within the agreed time we gave them verbal notice to vacate the house at the end of the agreement means after 11 months which is 31st jan 2019. We have also given them 3months legal notice. The tenant has stopped paying rent from oct 2018. And electricity bill is also due from Oct 2018. My questions are:
1. What we can do if they do not vacate on or before 31st Jan.
2. We have deposit money of rs 10000. Can we deduct the electricity bill from that. the electricity bill is more than 2000 per month.
3. How many days will be taken by Rent control board of west bengal to provide the judgement.

Thanking you,
Tapashi Sen

Sushil Biswas   09 January 2019 at 02:35

Blank Cheque submitted by bank

Sir, i had taken personal loan from axis bank 2 years back, but due to loss of job i was unable to pay the emi and finally became npa, they had taken blank cheques during the disbursement and now they have filled it and submitted it and it got bounced because of insufficient amount in my account in another bank, can they file criminal case against me?

Anonymous   09 January 2019 at 00:03

Alteration in redevelopment agreement

Our society has executed registered development agreement with developer in 2015.

For the reasons best known to developer and society the plan approved lapsed .Most probably the developer is not in position to start the work due to finance problem

The developer has given promises 6 times that he is going to start work after completing all the legal formalities. However it has never started.
The society has received notice from MCGM IN 2016 to repair it but society is not repair it on the plea we are going to vacate.. Members are also not repairing it as they are given new dates every time. The plastering of ceiling falls in someone flat.It a common phenomenon.

The condition of building is deteriorating day by day and both the developer and society are taking advantages of this situation.

In October 2018 the developer informed that once the NEW DP PLAN 2034 COMES INTO EFFECT HE WILL GET THE PLAN APPROVED WITHIN 8 DAYS EXECUTE BANK GUARANTEE/ REGISTER INDIVIDUAL AGREEMENT ETC.

Now after the policy announced he asked the society to waive certain clauses of registered development agreement viz. BANK GUARANTEE of Rs 15.30 crores WILL NOT BE PROVIDED BY HIM BUT HE WILL PROVIDE MORTGAGE ON 1ST FLR IN THE BUILDING TO BE CONSTRUCTED AND WILL NOT DEDUCT 14 FEET OF MEMBERS DUE TO 5% DEDUCTION FOR MCGM. AMENITIES.

He will change the plan for sale component as per his wishes earlier the registered development agreement provides for society consent for any change in plan by developer once approved by both parties.

Thirdly, henceforth if there is change in FSI RULES IT WILL NOT BE SHARED WITH SOCIETY .THE REGISTERED DEVELOPMENT AGREEMENT PROVIDES FOR SHARING ON EQUAL BASIS PROFIT/LOSS DUE TO CHANGE IN POLICY.

The committee has accepted the proposal immediately passed resolution drafted supplementary agreement and played with safety of members as his investment wiil be nil if he demolish the building and he is going to load TDR after 9 th flr . The new towers will be of 21 flr. The MOU PROVIDES THAT TDR SHALL BE LOADED IN THE NAME OF SOCIETY BEFORE VACATING PREMISES BY MEMBERS BUT NOW IT IS DENIED.

WHAT IS THE REMEDY FOR MEMBERS IF AFTER DEMOLITION HE DOES NOT PROCEED OR MAKE NO RENT AS BUILDING IS OF EXISTING 147 MEMBERS ON 4550 SQ MTS PLOT.

FURTHER THE DEVELOPER HAS OFFERED THE SOCIETY 1ST FLR OF NEWLY BUILDING AS MORTGAGE. IS THE MORTGAGE LEGALLY ENFORCEABLE WHEN THERE IS NO EXISTENCE OF DEBT BETWEEN THE TWO PARTIES. viz. DEVELOPER AND SOCIETY . I have informed society that guarantee is for performance and mortgage is not a substitute for it it is a security for loan granted. Further please advise can a legally enforceable mortgage deed be created when property itself is not existent on the date of agreement registration

Society has agreed and threaten me that you are misguiding others /building is going to collapse etc etc.

Now I have heard though not officially announced that the individual agreement is not going to be registered but he will notarize it on Rs 100 stamp paper.
How can an individual member ensure his safety .As only registered agreement are enforceable in a court of law

Is this case be accepted in consumer forum how much are the chances.
Please guide me urgently as I am a senior citizen having no income except pension and some interest.. Further I have no son who can go here and there for advocate/ court

Regards,


JAYESH CHOKSI
8080546187

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Member (Account Deleted)   08 January 2019 at 22:49

Can we find weather any fir is register or not again you

i had quarrel with some of my old college and i want to find out weather they have register any police complain or not against me. Is there way we can find out weather any FIR or complaint against me or not. The other party don't have my contact detail. But i have doubt and i want to clear the matter.

Anonymous   08 January 2019 at 17:39

Maintenance under 125 crpc

I am a Muslim & my wife who hardly stayed with me for 3-4 months after marriage left me by executing a pre-planned drama where she got admitted in hospital with her brother's help when my mother who is 60 year old medically ill alone was at home saying that she got paracetamol fever tablet poisoning. Later she file 498a case stating I have harassed her for extra dowry also stating that my relatives who stay at different locations tried to kill her by forcing her to eat poisonous food on the day when she got admitted to hospital. But I took the medical reports from the hospital where reports are normal suggesting her for psychiatric consultation. She is a working women & now she left the job in that company recently to file 125 crpc maintenance case. But she has stated herself in 498a complaint that she is earning 30k monthly.

Now on these grounds can I fight the case to get her petition dismissed. Please help me in this matter as these people has really harassed me for a lumpsum amount. They used their influence & sent me to central jail for 2 days on 498a case. Just only becoz of these stupid people am loosing respect towards female.

Anyways I will fight on merits but just want to know the worst case too if she says she is not able to work now all of a sudden after filing 125 crpc & need maintenance how much she will be entitled as she just stayed for 3 months & no kids whereas her father, brother are government employees who have assets too.



Santosh   08 January 2019 at 17:19

My previous employer not given the fnf

Dear All,

I need your all valuable comment on this matter. actually recently I have resigned from my last employer and they are deducting two month Salary in lieu of short month notice pay. Notice period as per it was three month in appointment letter which is signed by me. as per employee side they can terminate to me within one notice pay. Want the job eager it was overlooked by candidate if one month notice pay from Employer than the same will be from Employee side. please suggest i am on position of Senior Account Executive can i also approach to labor court.

Rajeev   08 January 2019 at 17:04

Company not issuing Relieving letter

Dear Sir

I had resigned from my previous job on Aug 2018 with a notice period of 1 month against 2 month. I have joined the new company thereafter with a declaration of submitting relieving letter till Dec 2018. But my previous employer is not declaring the amount to be paid by me for 1 month short notice and giving various reasons for not giving me relieving letter. What should I do now as my present employer is now asking for it.

pravin   08 January 2019 at 15:34

Enquiry

Dear sir,
I was did bond of 3 year in pvt company and I was left that job with in 2 month then bond is valid.what company action will take. I am ready to pay 3 month notice period salary but they r not accepting.what can I do in this situation

Roshan Gulabrao Kalmegh   08 January 2019 at 06:18

Letter of continuing security

Sir,
Bank ask my company to pay stamp duty on letter of continuing security relating to the CC limit, my query is only about is it necessary to pay stamp duty on letter of security because I ask other banks they said Rs. 500 stamp duty need to pay but when I ask my bank from which I took CC limit they said to pay 0.2 percent on total amount. However my company already paid 0.2 percent stamp duty on deed of hypothecation relating to same CC limit. Request to expert kindly guide me on above how much stamp duty need to pay in Maharashtra.

Regards
CS Roshan Kalmegh