Gaurav Kumar
01 August 2017 at 21:56
Hi Experts,
I hired a Gurgaon based movers and packers for transportation of my Household items and Car from Gurgaon to Hyderabad. He charged for GST and Insurance as well.
We received household goods but some were broken. He shared a insurance policy of someone else after scanning and changing the name and period. When i inquired from insurance company, policy was issued in 2016 in different person name. So, i am not able to claim anything from insurance company. He charged 6000 rs for that.
He is not delivering my car and asking for more money. I have few questions:-
1. What action i can take against him.
2. Can i file FIR for doing Fraud by sharing invalid policy copy.
3. Can i file police complaint in Hyderabad.
4. Can i file consumer court complaint in Hyderabad.
5. How much time does it take to act from Police perspective
6. How much time consumer court does take.
Regards,
Aditya Dev
01 August 2017 at 18:42
This is urgent so please i would appreciate speedy replies.
I am an intern - 5th Year
A deposited 1 cr. 3 Lakhs in a company in 2012. Now the company did not issue shares to A in reciprocation. The director of the company also accepted and acknowledged the receipt of the said amount. Now there was correspondence between during the years and till 2015 the director kept on assuring A that he will issue him shares for the said amount.
Now in 2017, after 6 months of silence from the company in response to A's letters, A will be filing a suit against them. Now this is where I and my associate tend to differ.
My associate thinks that the matter will be filed under Section 73 (4) of the Companies Act, 2013 where as I think that section 74 is the correct one.
For Convenience I have mentioned both the sectons -
73. Prohibition on acceptance of deposits from public.—(1) On and after the commencement of
this Act, no company shall invite, accept or renew deposits under this Act from the public except in a
manner provided under this Chapter:
Provided that nothing in this sub-section shall apply to a banking company and nonbanking financial
company as defined in the Reserve Bank of India Act, 1934 (2 of 1934) and to such other company as the
Central Government may, after consultation with the Reserve Bank of India, specify in this behalf.
(2) A company may, subject to the passing of a resolution in general meeting and subject to such rules
as may be prescribed in consultation with the Reserve Bank of India, accept deposits from its members on
such terms and conditions, including the provision of security, if any, or for the repayment of such
deposits with interest, as may be agreed upon between the company and its members, subject to the
fulfilment of the following conditions, namely:—
(a) issuance of a circular to its members including therein a statement showing the financial
position of the company, the credit rating obtained, the total number of depositors and the amount due
towards deposits in respect of any previous deposits accepted by the company and such other
particulars in such form and in such manner as may be prescribed;
(b) filing a copy of the circular along with such statement with the Registrar within thirty days
before the date of issue of the circular;
(c) depositing such sum which shall not be less than fifteen per cent. of the amount of its deposits
maturing during a financial year and the financial year next following, and kept in a scheduled bank
in a separate bank account to be called as deposit repayment reserve account;
(d) providing such deposit insurance in such manner and to such extent as may be prescribed;
(e) certifying that the company has not committed any default in the repayment of deposits
accepted either before or after the commencement of this Act or payment of interest on such deposits;
and
(f) providing security, if any for the due repayment of the amount of deposit or the interest
thereon including the creation of such charge on the property or assets of the company:
Provided that in case where a company does not secure the deposits or secures such deposits
partially, then, the deposits shall be termed as ‗‗unsecured deposits‘‘ and shall be so quoted in every
circular, form, advertisement or in any document related to invitation or acceptance of deposits.
59
(3) Every deposit accepted by a company under sub-section (2) shall be repaid with interest in
accordance with the terms and conditions of the agreement referred to in that sub-section.
(4) Where a company fails to repay the deposit or part thereof or any interest thereon under subsection
(3), the depositor concerned may apply to the Tribunal for an order directing the company to pay
the sum due or for any loss or damage incurred by him as a result of such non-payment and for such other
orders as the Tribunal may deem fit.
(5) The deposit repayment reserve account referred to in clause (c) of sub-section (2) shall not be used
by the company for any purpose other than repayment of deposits.
Section 74
74. Repayment of deposits, etc., accepted before commencement of this Act.—(1) Where in
respect of any deposit accepted by a company before the commencement of this Act, the amount of such
deposit or part thereof or any interest due thereon remains unpaid on such commencement or becomes
due at any time thereafter, the company shall—
(a) file, within a period of three months from such commencement or from the date on which
such payments, are due, with the Registrar a statement of all the deposits accepted by the company
and sums remaining unpaid on such amount with the interest payable thereon along with the
arrangements made for such repayment, notwithstanding anything contained in any other law for the
time being in force or under the terms and conditions subject to which the deposit was accepted or
any scheme framed under any law; and
(b) repay within one year from such commencement or from the date on which such payments are
due, whichever is earlier.
(2) The Tribunal may on an application made by the company, after considering the financial
condition of the company, the amount of deposit or part thereof and the interest payable thereon and such
other matters, allow further time as considered reasonable to the company to repay the deposit.
(3) If a company fails to repay the deposit or part thereof or any interest thereon within the time
specified in sub-section (1) or such further time as may be allowed by the Tribunal under sub-section (2),
the company shall, in addition to the payment of the amount of deposit or part thereof and the interest
due, be punishable with fine which shall not be less than one crore rupees but which may extend to ten
crore rupees and every officer of the company who is in default shall be punishable with imprisonment
which may extend to seven years or with fine which shall not be less than twenty-five lakh rupees but
which may extend to two crore rupees, or with both.
Now i think that clearly section 73 deals with post commencement deposit and provides the pre - requisites for the same. Hence in my opinion, because A deposited money in 2012, therefore 74 is applicable as the title of this section is "Repayment of deposits, etc., accepted before commencement of this Act".
Now please tell me two things:
1 - Whether I am right or not to say that section 74 is the correct choice as it deals with pre-commencement deposit??
2- And if i am right, then what remedy is available with the depositor as section 74 says that the "Company" shall approach the registrar??
Because in our case the company has not allotted the shares in the last 5 years and neither has returned the amount that A deposited. Therefore if a company does not go to the registrar as per section 74(1)(a), then what remedy a depositor has??
I know this is a long post, but please read it carefully and do reply soon.
Awaiting replies.
Thanks
s v desai
01 August 2017 at 16:19
My mothers elder brother{My MAMA] was living with us since 20 years. His wife was died before his death,and he has no children. My mother and myelf were looking after him. He has agriculture land. A farmer is looking after that land. My mama was suffering with TB and he was treted for the same. The medical bill was paid by me. Later he was suffering with dementia and then parkinsons desease discharge certificate issued by KLE Hospital & Medical Research Centre [of KLE Medical Deemed University] Belgaum shows the report of his mental status. HOD of psychatric Department in his opinion is also mentioned in that discharge summery sheet. In the death certificate the doctor mentioned the desease as Parkinsons desease Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=793435. At that time the farmer with a bad intention taken signature on blank Bond paper . After the death of my Mama the said farmer written a will on that bond peperand applied for transfer of my Mams property. My mother submitted objection for property transfer with the Tahsilder. The RTC case was conducted and the Tahasildar given judgment that the property can not e transferedon the basis of will unless it is probated by the Civil court.Now the farmer filed case in the court and my mother is also filed the objection. The farmer submitted a wrong affidavit stating that my mama is his Uncle for getting a death certificate from the place where my Mama was living. But my Mam was expired in the hospital at the different place and the death was registered by the hospital.I have the copy of the same. My quarrey is that:
1. Will made by the Dementia patient is valid.
2. Can we file a criminal[Fraud] case against the farmer on theb asis of wrong affidavite stating my mama as his uncle..
3. What will be the decision we expect from the court.
Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=793392
Anonymous
01 August 2017 at 15:43
We have acquired stay on our agriculture land & asked for our partition to our father as our father & step mother wanted to sell the land without sharing with us.Now the case is on & our step mother is threatening us to withdraw stay or they will sell the land to someone or they will donate to some Trust is this possible.
Sahil
01 August 2017 at 14:54
Please guide me about the remedy to be availed by me in the following case;
1. I was placed under suspension. According to the instructions of Government of Karnataka, an order of suspension will not come into effect unless the concerned official is relieved of his duty by the competent authority by making in-charge arrangements to the post held by him. However, the order of my suspension was never given effect to by the competent authority;
2. The suspension was revoked within a period of five days. I was continuing in service uninterruptedly for a period of six months from the date of suspension. Thereafter, I was forcibly prevented from attending my duties.
3. I was proceeded against on the charge of unauthorised absence. A retired officer was appointed as inquiry officer for holding inquiry against me. But, no provisions exists in Karnataka for appointing a retired officer as inquiry officer, except the retired District Judges..
4. False witnesses were produced to depose statements against me and I have obtained the proofs thereof under RTI Act.
5. Attendance Register was not adduced as documentary evidence to corroborate the oral statements of Prosecution Witnesses.
6. Upon culmination of such an illegal inquiry I am inflicted with the punishment of compulsory retirement. Thereby, I was asked to submit the pension papers, which I had readily complied with. Pensionary benefits are already released to me.
7. After submitting the pension papers, I have preferred the appeal also against the punishment order. However, though a period of two years, from the date of my appeal, is going to expire the same is yet to be disposed of.
8. Now, I am informed orally that since I had submitted the pension papers and receiving the pension the appeal does not survive for consideration, since my action of receiving Pensionary benefits is tantamount to accepting the punishment and forfeiting the right to appeal.
Hence, the Hon'ble experts may be pleased to render me help in the matter.
Aakash Chauahan
01 August 2017 at 14:23
I want to transfer the sale deed of my father but I see there is a note of "noc no. 7070 date 03/03/06" is written on the backside of 3rd page of sale deed and the sub-registrar ask me to get the noc is needed to transfer.
I don't know and my father too that it is issued by which department.
Where should I go for it?
ayush
01 August 2017 at 14:09
Can i file a case directly in the high court without filing it in the district civil court?
Rajviraj
01 August 2017 at 14:09
I want to buy a house from my elder brother
Banks rejected to me for homeloan
Manan Verma
01 August 2017 at 14:02
Under what conditions Zamindari property can't be transferred under my name provided that i have latest registered will in my name along with the khewat and what chances are there that it would be done ? Thanks.
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Obc caste certificate
Hello,
I am a bengali girl married to a UP man. We both are settled here in West Bengal. My husband is residing in West Bengal with his family since childhood. I would like to apply for caste certificate now. Kindly clarify the below points:
a) I have not changed my surname and all my documents are in my maiden name and maiden address. Is it mandatory to change surname before applying for caste certificate? Also which address do i need to mention while applying for caste certificate as all my documents contain address of my parents house?
b) As caste doesnt change after marriage, whose income (parents or husband) is to be considered for non creamy layer?
c) I belong to obc non creamy layer from my father's side. However i dont have any blood relation certificate from my father's side. What should be the subsitute for this? Do i need to get affidavit for this or get it certified from a local councillor or some other thing.
Please suggest.
Regards,
Saberi