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Consumer Complainant   20 June 2018 at 23:34

Help

Sir and madam, My fan wiring burst and that is why I filed case in consumer fora. My case out of 6 parties, one is fan company owner by name crompton greaves. Another 5 parties are, 1 seller who sold the fan. parties 3, 4 , 5, 6 are KPTCL officers and workers. KPTCL is Karnataka Power transmissoin corporation limted. Part 1 and 2 appeared but did not file any reply for 90 days. On 90th day one advocate appeared and told he will file vakalath and objections. I gave a memo stating that as per NCRDC guidlines and supreme court guidelines only 45 days maximum time limit for opposite party to file reply from date of issue of notice. Here is HON SC guidelines "The Supreme Court held that the District Forum can grant a further period of 15 days in addition to the 30 days (from the date of notice) provided for in section 13 of the Act to the opposite party for filing his version or reply and not beyond that. It was held that the view expressed by the three Judge Bench of this Court in Dr. J.J. Merchant & Ors. v. Shrinath Chaturvedi [(2002) 6 SCC 635] would prevail as the judgment delivered in this case holds the field. .Supre" President taken the memo. But also told advocate filed vakalath already. vakalath he was filing on 90th day. but did not file any reply. In the memo I mentioned it is wrong in law to accept vakalath form on 90th day and should have passed exparte orders. President told 3,4,5,6 are exparte. 1 and 2 file objections. Now should I file execution petition for exparte orders issued against OP 3,4,5,6? Meanwhile yesterday same advocate filed vakalath form on behalf of OP 3,4,5,6. and also filed a applicaotin asking to set aside exparte orders of OP 3.4.5.6. in his set aside applicatoin OP lawyer says, OP 3,4,5,6 were gone on leave, all notice was in cupboard and now they came to know about notice. How to tackle this? Should I give execution applicaiton for exparte orders passed for OP 3,4,5,6? or file objections to application given for setting aside exparte orders agaisnt OP 3,4,5,6?

I have asked under RTI act how can president overrule CP act sectoin 13 rules? I have asked how can president of consumer fora sideline Hon SC guidelines in A three member bench of Supreme Court comprising Justice Anil R Dave , Justices Vikramjit Sen and P C Ghose , while disposing the civil appeal nos.10941-10942 OF 2013 under Consumer Protection Act,1 986 of New India Assurance Co . Ltd versus Hilli Multipurpose Cold Storage Pvt Ltd held that the District Forum can grant a further period of 15 days to the opposite party for filing his version or reply and not beyond that .

Plus exparte orders copy forum has not given to me. Before court gave it, OP lawyer filed set aside application. What to do? Shall I file execution petition?

Kumar......   20 June 2018 at 22:49

Co owned house

i and my wife own a house. i am not working due to health reasons, my wife is paying the EMI. now we are planning to sell the house. can i get an idea how much money i will be getting from the sale of house ?

s p verma   20 June 2018 at 21:02

Departmental enquiry

Sir
can a departmental enquiry be reopen if the Disciplinary authority has quashed the enquiry report and exonerate the charged officer from the charges levelled against him

Pramod Kumar   20 June 2018 at 20:12

Payment of Gratuity act 1972

I had worked in one of the reputed public sector bank for 4 years and 298 days being my joining date as 29.04.2013 and resignation on 20.02.2018. my employer denied me that I am not eligible for gratuity as the rule of 5 years continuous service is not completed. Please guide me whether I am eligible for gratuity or not.

Pradeep Agarwal   20 June 2018 at 17:15

Filing 138 after nclt

A lender of my client has attempted a fraud on them. They had received a security cheque against a loan in 2014 but did not return it saying they had lost it. Maintaining good relations and rapport with my client they, took replacement cheques thereafter. In 2015 my client had closed the account towards this specific cheques. We did not inform the lender as we believed they were honorable and had genuinely lost the same. In 2017 the company from which the cheque was issued went into NCLT. Fearing loss of the loan, the lender found these cheques, entered a date just before the date of NCLT and deposited the cheques in Feb 2018.
The cheques were naturally returned and they claimed through trusted mediators that this is only to safeguard legal side and they will not proceed further.
My client doubts lenders integrity now and wants to know recourse.
I understand that 138 can be filed even if NCLT is on but in all cases I find that the act of the bounce is before the NCLT proceeding. In this case, although fraud in larger picture, the instant action is deposit and bounce AFTER NCLT. Can 138 stand? If not, is there a precedent to this situation? I recall a power company having a similar case with a rental company but cant find the ruling. Please help.

Praveen   20 June 2018 at 16:01

Break bond with company and retrieve my original certificate

I am working in it company in Chennai, I signed a bond with them for 2 years and I give my original certificates to them, They give me a training for 15 days (not offer food, room, salary or transportation) after that they place me as a trainee for 1 year but I worked there for 25 days or less, I want to resign my job for personal reason and also I want to do higher studies but they not give my Certificates and asking ₹50,000 for breaking bond, my salary is ₹12,000 and I even didn't receive my salary because the first month not finished if they want to take my salary as training cost there is no problem but I can't give ₹50,000 that very big amount for me please kindly help me by telling a way to get my certificates back.

Shivaji   20 June 2018 at 14:44

Service Matters: Pay protection if got technical Resignation

Sir,
I got technical Resignation from my department after working for 22 months to join new department having lower grade pay, Am I eligible for pay protection. Kindly guide

Anonymous   20 June 2018 at 13:13

Cheque bounce 138 case

A person sended a notice to my uncle and aunty that they took loan of rs 1125000. agar koi unknown person apne account se cheque bounce karwa kar 138 ka case daal deta hai to how to prove that a person is unknown.
Acctually the cheque was given to a financer for security purpose, and there is some issue between the financer and m,y uncle aunty.

how can we prove that they dont know the person who sended the 138 notice.

Arjav Mehta   20 June 2018 at 11:35

Criminal misc. application -jmfc

SIR,
MY FRIEND HAVE SUBMITTED CRIMINAL MISC APP-JMFC AGAINST HER HUSBAND AND DEMANDED MAINTENANCE, BUT SHE WANT DIVORCE. HER LAWYER TOLD HER FIRST WE PROCESS FOR MAINTENANCE AND THAN AFTER WE TOOK DIVORCE NOT THE CASE IS ADMITTED IN CIVIL COURT.

WANT TO KNOW MEANING OF OF CRIMINAL MISC APP-JMFC MEANING .
SHE WILL TAKE DIVORCE FROM CIVIL COURT ? OR WHAT SHE WILL DO

Anonymous   20 June 2018 at 11:27

Area of land is different in 7/12 and 32 m certificate

On 7/12, we are owners of agricultural land with Tenant. The Tenant has obtained 32 M as per Tenancy Act Maharashtra which shows some excess land in his name than 7/12. Now we want to sell land to Developer. Which area is authentic 7/12 or 32 M?