Hi Experts
I am one among the 680 odd customer bought a flat in KGSC Phase I, consists 720 dwelling units, in Adayalampattu, Mogappair, Chennai 600 095.
The project got delayed and some like minded owners formed an association called KGSC Owners Welfare Association 10-9-2013 and got registered (437 / 2013 dated 3-10-2013). Because of the office bearers are held with their personal commitments, the activity was slowed down, as for as the discussion with the builder to expedite the pending works.
One more association formed in Apr 2015 and registered as KGSC Residential Social Welfare Association (165 / 2015)
As per the builder agreement, all the owners are members by default and the will form an association and introduce. We learnt the builder has registered an association called KGSC Owners Maintenance Association but no communication received till Aug 2015 by mail in the project status update, but not explicitly. First flat was given possession in June 2014. Till date nu AGM conducted as for as we know.
The owners, as a group meld meeting with the builder to impress upon them to expedite the pending works and rectify lacunas. Then KGSC RSWA held discussion with the builder for about 6 months on the project status and also protested with the builder against any violations like marking car parking in OSR area etc., and minutes of meetings circulated. The builder also sent out so many communications regarding status.
Resolutions passed by KGSC OWA and KGSC RSWA to merger and likely to be completed soon.
Even the builder asked us take charge one block begin with and KGSC RSWA advised the builder to complete the pending works before handing over.
KGSC RSWA conducted AGM on 13-9-2015 and minutes circulated including to the builder.
One of the points that the handing over to be done only with audit by a charted engineer to ensure free from any violations.
Even online support polling was conducted and more than 120 owners supported KGSC RSWA and for charted engineers audit.
Later KGSC RSWA found the car parking marking is not in line with norms and requested the builder to share any approved car parking drawing. Earlier KGSC RSWA demanded UDS Calculation, completion of club house and other amenities given in spec sheet. Failing to comply with all those, KGSC RSWA sent out a lawyer notice on 30-9-2015 to respond by 30-10-2015.
Now 8 office bearers of KGSC RSWA, KGSC RSWA and one more owner were served notice with OS Number, asking us to appear in person or thro’ counsel on 30-10-2015.
Only through this notice that we came to know the secretary. But still we don’t have any idea about the other office bearers.
But the secretary himself is a power of attorney to the builder and non resident owner. The bylaws say only a resident owner can become President and Secretary. Another clause says, signatory of MOA are the first office bearers. We have asked for MOA but still we have not received.
What are all the legal options available to us?
Thanks
Thirumalai Dasan K
Ayesha
20 October 2015 at 14:20
I was selected for appointment in 2011 with deemed autonomous hospital under the government of Karnataka under category 2 b . however due to some reasons I did not join at that time. One year later I wanted to join the job , but was informed that only next time when there will be a call for the post I can be considered. Now , it is 2015 and i am jobless. What may I do now ? can I put a case for my appointment ?
Puneet Kumar
20 October 2015 at 12:19
Hello Concern,
I am a recruitment consultant and we had purchase an yearly subscription of Monsterindia.com databse subscription.
The database was too much old and thus we asked the monsterindia to end the subscription.
They are now asking us to pay the amount in full or face the leagal action.
Please help if there is any way out as if we don't like the service then also we needed to pay.
Thanks & regards,
Puneet.
DVR Kishore
20 October 2015 at 10:50
Dear sir,
I found almost all the CA professionals doing mistake in calculating depreciation as per Companies ct 2013. In May or June I had forwarded the correct way to Board Of Studies and to Editors for publishing in ICAI students News Journal of July month. But no one has considered it. Recently I have forwarded that to selected people including MCA and IT Department. URL link for depreciation explanation is https://goo.gl/4ZjkHg . What are the consequences, I can expect ?
Anonymous
20 October 2015 at 10:44
My daughter a Hindu Brahmin and a Christian Roman Catholic boy got married in Pune Hindu wedding not registered now my daughter is living apart for past 3 yrs in Bangalore wants to dissolve marraige can she do it from Bangalore ?
ckanta
20 October 2015 at 10:43
Sir,
could you help me out with the appropriate legal remedy to be adopted in the below discussed case whether it is writ to high court or any other legal remedy.
I have taken a loan of 20000 from one of the Cooperative bank situated at delhi in year 2007 however due to finanacial crisis and unforseen conditions I was not able to pay the amount and society has taken exparte award against me.in year 2008. Now i am willing to pay the amount and contacted Ban officials they harasssed me and said that you have to pay 90000 if u want to settle the loan else we would file execution proceedings aainst you before ASSt Collector, Cooperative societies and Civil courts have no jurisdiction to interfere in it and we will not accept any amount less than 90000. I have contacted one lawyer he also suggest that there is no remedy as civil courts are debarred from Cooperative society dispute.So please help me with good lawyer who may help me in this or can we challenge that the amount is exceesive and unreasonable.Please help . Thanks in advance
K.Saikumar
20 October 2015 at 10:35
Dear Sirs.
My name is K.Saikumar. My brother is a real estate agent, he stands as a surety for his real estate collegues for Rs.10lakhs@ 3%pm. Now due to slow down in real estate in Hyderabad, their business is not running last 1 year they paid interest on time, now interest payment is irregular. Now the money lendor is forcing my brother to repay full amount. This money lendor is known to us last 15years and he also runs chitfund (unregistered) and we have chitd worth Rs.5lakhs. The money lendor is harassing my brother for full payment on daily basis over phone. Kindly suggest wayforward in case his friends defaults, what is the legal liability for my brother as surety. Thanks .... K.Saikumar
m r anand
20 October 2015 at 10:20
I am a retired bank officer.I had been given my second and erstwhile final stagnation increment in December 2006 in JMG Scale I.
In June 2007 I was offered promotion to MMG Scale II and was posted at KubrePathera (UP). I had not joined the said branch and forfeited my promotion. As a result of my having not taken up the promotion, I was debarred from participating in the promotion exercise that took place in 2008
In December 2009 I was allowed to participate in promotional exercise in which I was not given
promotion.
In April 2010 the ninth Wage Settlement was signed. In the said settlement it was agreed that two more additional stagnation increments would be given in JMG Scale I.
I became eligible for the first of these two additional stagnation increments with effect from December 2009. But bank has denied me this stagnation increment stating that as per staff circular No 2830 dated 25.4.2007 an officer who refuses promotion when offered shall stand to forfeit movement to next higher scale as also stagnation increment provided for, at the top of scale.
Shall I get two of stagnation increments introduced three years after I refused promotion on any of the following grounds
1. I refused promotion in 2007. The two additional stagnation increments which were introduced only in March 2010 cannot be denied to me because I refused promotion in 2007 when these two additional increments were not in existence. Had these two increments existed then I would not have decided to refuse promotion.
2. For refusing promotion they also debarred me from participating in promotion exercise for one year. Why there should be two punishments for one crime. debarment for one year and denial of stagnation increments. Also these two punishments were contradictory. On one hand they debar the employee from participating in promotion process for one year. On the other they say the stagnation increments which are withheld will be given when the employee accept promotion.
3.Subsequent to my refusal of promotion in2007, I participated in promotion exercise twice without
success. This way also I become eligible for the first of two additional stagnation increment from April 13,2010, the date of result of December 2009 promotion exercise and second of the additional stagnation increment from April 2013.
Please let me know if my contention is right and I have a fair chance of winning if take the matter to a court of law
M R Anand
Retired officer
Punjab and sind bank
chennai
Ubuntu
20 October 2015 at 09:53
We have an ancestral 600 sq flat in a housing society . It belonged to our grandfather. After his demise the Flat came to be transferred in the joint names of his two daughters - A & J who were then his only surviving heirs. Both daughters- A & J were married had families and have since expired 10 years ago but the flat is still in the name of Late sisters since there was no unanimity amongst legal heirs of A & J . A had not filed any nomination nor made any Will and even today there is dispute amongst the six legal heirs of A . However J had filed nomination & there is no dispute amongst the three legal heirs of J . The legal heirs of J have obtained Letter Of Administration from High Court & submitted to Society. Society has therefore transferred 50% rights in the said Flat to legal heirs of J . The Flat is in possession of one of legal heir of A. Now legal heir of J ( who are staying elsewhere in rented Flat ) want to occupy 50% of the Flat . As of now legal heir of J is member of society , paying society bills & holding Flat Share Certificate. Can the legal heir of J go & occupy the Flat? What remedies do the legal heirs of J have now as they are still deprived of the Flat premises?
Tax on house rent allowance
Sir,
My Father was working in ONGC,and he used to Stay in ONGC accommodation during his service, as we have received a letter from ONGC stating as Tax on Housing Perks is Required, and the company send us letter demanding 51000/- Rupees, as my Father is expired in 2010, and the letter and demand of money from ONGC came under his name, as now he his no more, can you tell me as now whose responsibile to pay the money, as i have 2 sisters both married, and mother and myself.. Can we ignore this letter and do not accept it in future,