Member (Account Deleted)
24 December 2014 at 16:32
Does DEPUTY COMMISSIONER holds a power to evict a permanent govt employee from govt house without any legal orders or any higher authority, by himself only ,when there are no legal grounds for eviction and the house is been alloted to that govt employee from last 35 years with monthly rent deduction....if so then on what grounds and what are the options for employees.
Gajendran
24 December 2014 at 16:20
Smt. Kempamma a D-group employee working in the school is been dismissed her from service. The charge leveled the employee that the applicant at the time of joining service under compassionate grounds that her date of birth as 10-07-1966, that on verification of school records it is mentioned as 18-06-1954.
The employee aggrieved by the impugned order dismissing from service & made an appeal to the appellant authority on the grounds that,
1.Impugned order is Illegal & contrary to CCA rules.
2.Impugned order is passed without providing an opportunity to applicant.
3.The employee submitted to the disciplinary authority that it is not possible to produce documents in single sitting & sought one months time. But the enquiry officer within one week submitted enquiry report that applicant is guilty of charges & charges have been proved.
4.The enquiry officer without examining any witness in enquiry the enquiry has been completed.
5.The disciplinary authority addressed a communication to Commissioner to seek clarification & guidance regarding dismissing the applicant from service. Even before the commissioner could say in the matter, & even with reference to the order of the Commissioner the disciplinary authority issued impugned order.
Clarification is sought for the following:
1.In the appeal application the applicant had given the address for the purpose of service of notice, summons etc that “#145, 5th cross, Gandhinagar, Bangalore” which is the applicants daughters residence. But the appellant authority in the letter dated:12-12-2014 (The letter is been received on 19-12-2014) have served the notice to the address that “Thirumale, (Near Marappa temple) Magadi town, Ramanagaram district” where the applicant resides. But the later address is not mentioned in any of the applicants appeal letters. Is the action taken by the appellant authority is legal.
2.In the same letter the appellant authority has fixed 27-12-2014 for hearing & has advised to the applicant to produce the following documents in Orginal on the date.
a.Voters ID Card
b.Aadhaar Card.
c.Birth certificate of applicants daughter.
d.Any other documents regarding Date of Birth pertaining to applicant.
Does the appellant authority can ask the above documents now. Is this a legal one.
Mani
24 December 2014 at 16:17
Getting sites from House Building Coop Society – some clarifications needed
I understand that according to Karnataka HBCS rules and bye-laws if a person owns a site/house in his own name within the jurisdiction of the local authority under which the Society exists, he cannot be a member of the housing society. Your views or advice on this
1. The site or house that he owns may have been purchased from a third party from the market and not obtained from any government schemes at low cost such as from BDA allotment... Does this make the person still ineligible to apply for and allotted a society site as an associate member (AM)?
2. Does this rule apply if the AM proposes to purchase the site by the society at a price different from that of other members and at the government guidance value? If so, the argument that he is getting at a concession is invalid and hence his ineligibility also is invalid?
3. What is the jurisdiction of a local authority applicable in this case? Who is the local authority for the application of this clause?
4. What happens if the Society office is located in the jurisdiction where he has another house but the housing project / site is being developed in an area outside the society’s office jurisdiction? He may want to live in a new area in the society site!
5. He may own a small house purchased form the market, but may want to improve his standard of living and may want to invest in a HBCS site, to put up a more comfortable house? This rule prevents that?
6. What if I plan to make a bigger house in a newly acquired society site and sell off my old one? Does the law prevent such an act? If so, is this not retrogressive in that the govt. wants its citizens to never come out of their poor standard of living through this rule?
7. Is this not a game plan to promote housing by private apartments and site promoters by restricting supply through HBCS?
8. What action has been taken by Govt. on those who have procured a site despite he/she owning a house in the larger Bangalore metropolitan area?
9. What are the court cases on this matter to understand the logic of the rulings on this clause? How many cases have been there on this clause?
10. Many societies are promoted by employees of the government and they themselves flout the rules. Does this mean Govt. is indirectly supporting them?
11. Even many societies use nationalised bank funding for their projects? How can such banks be party to illegal acts?
12. Is this law not a violation of fundamental rights to own property?
13. Hasn’t this law been challenged?
14. Who is at fault? Society or the member?
15. Is there a problem in registering a site in the joint names of the mother (society member when son was minor) and the son, now a major, as the society has taken about 7-8 years from membership drive to development and allotment
pratik
24 December 2014 at 16:09
hello readers
i want to sell my property but the problem is that we dont have registry of land and dont know the actul value of our property
please help to solve above problem
can we do power of attorny
Akshat Singh
24 December 2014 at 15:37
We have a double storey house which is consisting of 3 flats. 2 flats are on ground floor and on the 1st floor, half portion is open terrace and another half is a 1 bhk flat.Both the ground floor flats are on the name of 2 brothers,one for each and the 1st floor flat(including side terrace and upper terrace) is on our name.My question is, is it possible to sell that 1st floor flat separately without selling ground floor flats and without the signatures of their respective owners?
praveen
24 December 2014 at 13:39
If the Guarantor pays some amount to the bank. If he has to make a claim on the property of principal borrower which is mortgaged to the same account(principal borrowers son who is trying to get it released under ots and sell it in open market).
what rights does the guarantor have on that property . which date is considered when the claim is made by guarantor. The date when the collateral guarantee is given or the date when the payment is made
to the bank. If the date of payment made is considered . The principal borrower has raised many loans after he raised the loan related to which the guarantor has paid the amount.
My Mother has given Guaranty (third party )to a collateral loan of her sister in laws Business(proprietary)(hp petrol bunk dealership)in2007.They have diverted the funds and ultimately the petrol bunk was seized by HPCL in 2009.Her son used to look after the business on her behalf.There were two properties involved in the loan one belongs Principal borrower, her son and daughter. And the other belongs to my mother. From initial day the principal borrower wanted our property to be exhausted and later he wanted to go for one time settlement.They wanted to squeeze large amounts from us. He continuously raised litigations on his property involving third parties.
Having no other go we had to give an offer to the bank to stop proceedings against our property and release our property from any claims. Bank has given us an offer which we have paid partially.
Later the bank has proceeded against the principal borrowers property and sold it for good price in e auction. The buyer has paid all amount and a sale certificate was issued. The buyer didn't get the property registered on his name.
Now the Principal borrower's son has filed an SA in DRT saying that Bank has colluded with the guarantor and auctioned their property. He wanted to pay 1.5 crores for the property which fetched 2.82 crores in the auction.
We have paid partial amount (40L)of the ots offer(1.08Cr). Bank has given six months time to pay that amount. 3 months without interest and 3 months with interest . Around 20 days are left.
We have given our offer letter because we didnt have any other choice to make.we are in dilemma not knowing what to do
sharons
24 December 2014 at 13:39
Respected people
I have been Ordered a Samsung Tab 3 for an Offer Price of Rupees:13247.6o through Amazone india From a seller Named Majestic shoppe.I have all the order related details in printed format .I paid the Amount Via Debit card In advance .It was Ordered on 15Th december they agreed to deliver the Product on 29 December . Yesterday they cancelled my order with out my knowledge .And send an appology letter regarding that the price they was a mistake from their part so the will initiate a refund .I have all the Evidence regarding the entire Dealing .Now i would like to go For a Redressel for my Order and Mental Agony that i have Faced .I think this was a unfair trade practice Include Misrepresentation or fraud To attract customers towards the store .iam requesting helps from peoples who are Expertise in Legal problems for their valuable tips to strengthen my case.
Dear people i don't have an intention for making money through this .My intention is to prove "who is a consumer " Thanks regards
Sharon soman
Bharat Pasi
24 December 2014 at 11:30
Hello All,
I am looking for the valuable suggestions from you experts on the below issues.
We have a society which possession was started from November 2012 but builder has not yet formed society even when 90% flats are sold and occupied. Every time when we are checking with him, he is giving false commitment and saying it will be formed in next 2 months.
In initial phase of the project he has shown golf course box by putting net and garden in around the golf course net. Same was shown in his all exhibitions, advertisement boards and pamphlets used for sale and that plot is inside the boundary wall of the society. Now from last few months he is saying that plot was not part of this project from beginning and also putting boundary wall from two side inside the earlier boundary wall to cover that plot and saying our internal road from main gate to this plot is submitted as public road.
Apart from above issue he is using common spaces for parking allotment to existing and new buyers and also putting shade to it. Due to this we are losing all open spaces which was promised during sale to us.
Please suggest what action we can take on both the issues, we are trying to form society in non-cooperation mode as builder is not helping to us but again that will take at least 3-4 months period but we want to take some action right now on current issue as group of people/all residents.
Thank you all in advance
yogesh
24 December 2014 at 11:04
Sir I have the full proof that chairman of the selection committee who is also the head of department has abused his confidentail position and give favorism to one candiatae by writing letter to the adminsitrative officer of the GHovt OInstitute as result the candidate has been offered appointment without notification of the vacancy
In second case I have the full proof that adminsitrative officals of the Govt run Institute has tampered records and offered appointment without evn notification...
If sanction has been obtained under 197 Crpc from the rspoective Govt under which sections of IPC the cases can be tried agsinst them as there si no proof that bribe was used but abuse of confidentail position was made in wo cases??
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Bank loan auction
I have taken a rent home at Ahmedabad. Now few days before HDFC bank officer came with police protection to take possession of home. Actual matter is that my owner bought home through cooperative bank in auction. And earlier owner take two loans from bank one personal loan from cooperative bank and one loan from HDFC bank against property. Before auction add given by cooperative bank in news paper.
My owner not had given possession of home to HDFC bank. Now HDFC bank file petition against all including me in police station. Now every day police call me to police station and tell me that you have to came court for bail.
Now suggest me what to do?
Thanks