Ramamurthy
11 July 2017 at 09:57
Hi,
I constructed a house at kempanna layout in bangalore 4 years back. I became part of layout association by paying membership fee and have been paying monthly maintenance fee of Rs.150.
The issue is with old association members who have been staying in layout since last 10 years and some of them are local people. They are creating following problems
1.They have not given layout bore well water connection to my house.
2. Women senior association members gather in front of my house every day and discuss all junk things loudly making nuisance. And my house tenants also joining with them. Members are supporting tenants. I requested them not to form a group nearby my house, they replied that it was road and they are senior association members or local members.
3. They are wasting association funds in form of january 1 celebrations and other functions without consulting new members.
Could anybody help how to resolve the problems?
Regards
Ramamurthy
Job Chithalan
11 July 2017 at 06:45
After a trial stay at Melur Meadows Retirement, near Mettupalayam, Coimbatore, I became interested in leasing an unfurnished flat for five years, with a view of spending my last days at Melur Meadows.
Directors were in financial difficulties. I empathised with them and trusted them. To help them and for or the sake of future good will, I paid them 15.75 Lacs, full amount for the lease.
I have a signed receipt for the 15.75 Lacs paid.
That was in January 2016.
However, after studying the lease, and due to other issues, I decided not to proceed.
I did not sign the lease agreement.
The company (Melur Meadows Alternative Lifestyle Private Limited) has been holding on to my 15.75 lacs since January 2016.
In an email, a director did promise that they will refund the money.
But they missed two promised dates for making payments.
Directors have clearly broken their written promises to refund.
Now they are giving me all sorts of excuses.
One of excuses, about their inability to refund is:
They are in a dispute with DTCP (Department of Town and Country Planning).
So they can't sell any of the 25 remaining flats. They can only lease the flats but have not found anyone else.
I requested them to pay me a small interest on the 15.75 lacs, till they are able to pay the full amount
But they have not agreed.
The directors are now referring to clauses in the written lease agreement, such as 'lock-in period' for 3 years.
I pointed out that I did not read, let alone sign the agreement, before payment
Srinath argued, "why did you pay the amount?".
I replied, "I wanted to help you and I had the intention to lease. But for various reasons, I had to change my mind".
They stopped replying to my emails.
Do they have a legally valid agrument for not refunding my money?
I tried for many months. Have been patient, understanding and flexible.
But now suspect that they have no intention to return my money.
I am a 71 years old pensioner and can not afford to lose 15.75 lacs.
I require a lawyer in Coimbatore who is good at mediation for me and take legal action, if found necessay.
Job Chithalan
job_cf@yahoo.co.uk
Facelessman
10 July 2017 at 15:33
Hi, one of my friends had entered into an agreement with a bank to lease his land and building for the bank for nine years. When the agreement was entered, the property was in a suit along with other properties. (Suit claiming that the property was a joint family property and not individual. My friend was the respondent) There was no injunction, so the agreement was entered and the bank was paying rent every month. After nine years, he won the case and the decree was passed by the district court that the properties were individual and not joint family properties. After that the plaintff appealed the high court. My friend renewed the contract with bank for five years. After that the high court put a stay on the decree. Now if the appellant gets an injunction what happens to the agreement? Will my friend still receive the rent? Note: Second agreement was put after the appelant had gone to the high court and before the high court put the stay on decree. In case of selling properties when the suit is in court, I understand Doctrine of Lis Pendens will be followed. But what about agreements? Will my friend still recieve rent from the bank after the high court gives an injunction as the agreement was put even before the high court put a stay on decree and gave injunction on properties? Thanks in advance for the answers.
Anonymous
10 July 2017 at 12:45
I bought flat in redeveloped building in 2013, which got OC, and i got possession in May 2014. Old society as it is will continue and their MC members. Society MC term was expired in Jan 2016 still continuing without election or new committee. old building had 13 members and new flat purchasers to be added as members are 12. out of the 13 old members couple of members approached registrar office with complaint of redevelopment and financial irregularities. final hearing was happened and order to be passed as the Society Management committee which was taken control of the society in feb 2011 was not signed the m20 bond. committee disqualification order will be passed very soon.
now my question is what will happen to redevelopment which was signed in June 2012? what will effect to us as new flat purchasers. will that mean our property purchase becomes null and void being redevelopement agreement is becoming illegal due to disqualification of management committee of the society?.
what action can we take against builder and society committee as few old members will support us for filing the case? kindly suggest
Ankit
09 July 2017 at 19:25
1. On 26-04-2000 a person submitted an application in court under section 156(3) CrPC stating that on 11-04-2000 neighbor entered my house at 6 pm and did obscene act with my wife. My wife gave written complaint in the police station on 11-04-2000 for the same.
2. On 23-5-2000 libel / complaint (parivaad) was filed in the court. Court called for investigation report from the police. Police sent the final report closing the case and one other report 182 IPC against the complainant.
3. Under 200 and 202 CrPC court had taken witnesses and then sent summon to the party under section 204 CrPC. In summoning order court has not even mentioned anything about the police report.
4. Under 244 CrPC there were evidences from 3 witnesses, all of them claimed time of incidence as 6 pm and went to police station at 6.30. The lady with which the incident happened claimed that the time of incident is 2 pm and said she went to police station at 6:30 pm.
5. On the argument on the charge we said the victim is claiming time of incident as 2pm while others are claiming it as 6pm, but court framed the charge on accused.
6. All the proceedings are going on libel and 156(3). The original written complaint filed by the lady on 11-04-2000 is neither with the police and nor in the court files.
7. Without original complaint and victim claiming time to be 2 pm and rest claiming 6 pm. If we file a revision in High Court under section 482 CrPC then according to you will the case be closed?
Please guide us in the above matter and guide us with any ruling regarding the same. It will be great if we can contact you via phone.
KISHORE KUMAR JOSHI
09 July 2017 at 12:53
After receiving Probate from Honourable Calcutta High Court. Do I have to file an inventory Petition and make a Deed . If so what is the time period and before which Court
Law Aspire
07 July 2017 at 16:42
Insolvency Resolution Process has been initiated against ABC Limited by NCLT by appointment of Mr.Shah , Resolution professional. The period within which the IRP process is to be completed by Mr. Shah is in 180 days.
During this period the powers of Board are dispensed and all the powers of Board and Management vests in the Interim Resolution Professional as per Section 17 of the Insolvency and Bankruptcy Code,2016.
Mr. Jain who is the Company Secretary of ABC Limited resigns during this process and intimates his resignation to Mr. Shah.
Now the Question is that who will be filing the e-form DIR-12 for the resignation of Mr. Jain with ROC.
As there is no option in the e-forms provided by MCA for affixing the Digital Signatures of Insolvency Resolution Professional.
Whether the Directors can File the e-form by affixing Digital Signature of any of the Directors. During the continuation of this process?
BHARTI KOTHARI
06 July 2017 at 20:07
owner has got notice from corporation of dielapted structure (s.354 MMC Act) by manipulating the authorities and then under the guise of said notice without giving notice to tanant it seems that the corporation has demolished the stracture when the tennant was not there without his consent and thereby dispossesed him. kindly suggest remedy.
Satpal
06 July 2017 at 10:57
Dear sirs,
Like a company name M/s "abc" /Prop. firm sold on 31march2017 and new prop. submitted all the documents which required for change the constitution in business (1st prop. name Rp - Pan 1234XXX) to (new prop./requester name Sp- Pan 1234XXXxxx) was not ammended/update successfully coz of department issue any how. the request executed by the requester on 18may2017.
ISSUE: Bcoz of nag of department request denied and auto migrated to old first owner/name/pan.
we have many issues now like:
how we get the TIN: with new owner/pan?
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need help in excution case
Sir,.
I need ur help in related to excution case 128 of crpc . That an 128 crpc is not maintainable after one year.
If any one have the filling kind send me