Kumar Krishan Agarwal Advocate
28 June 2012 at 03:42
Dear Sir,
We have become a victim of Business tactics and builder cheating that the Real estate builders like Supertech has using for trapping the novice consumers and exploiting them in the desire of home. The real facts are as follows:-
1. We have booked a flat no. 205 in CS10, project Capetown at Noida Sec 74 thru a broker name Marketing times Realty Sector 2 Noida but show off their presence as underwriter of the Supertech to consumers. The Broker team leader was a novice person who doesn't disclose all the hidden facts to us and in faith booked a flat of Supertech. The Broker first said that you can pay the initial booking amount and after that the 30% demand may come after booking of the flat and the rest of the amount you will have to pay at the time of possession. The Broker also not told that the all three applicants in the attached booking form must have to be in blood relation for getting loan sanction on the booked flat. The Broker also not told that if the demand may come to you and if you not pay that demand on time then the 24% interest will be applicable and charge by the Builder. The Broker also not told us that after booking if you want to cancel the flat then the builder may deduct 15 from the total amount we have paid o the builder.
2. We have signed the booking form on the broker faith that he was saying right to us. The booking form in the first page or on the front page doesn't contains the terms and conditions in bold noticeable characters and neither the broker may assist and indicate the consumers to read & explain the Terms and conditions intentional put in the middle of the booking form write in small context and in concise and neither nor the broker insist to read about and explain the first the term and conditions.
3. After the 60 days of booking we get 70% Demand which is Rs 35 Lakhs. We shocked that in short time how the demand may rise. The builder told us that he erect only pillars upto 7th floor so the demand comes 70 % while floor is not furnished. We request the builder that we have no idea that you demand in such an unlawful way although no work of our floor has completed till yet. The Builder also said that if not paid 24 % interest you have to bear. We said he Broker have not told about this interest thing. So kindly cancel our flat and may return our initial booking amount which we paid at the time of booking. The Builder Said that they will deduct 15 % from our amount which we have paid in this booked flat. We said we have no idea about it that after cancel of the booking the builder may deduct this amount in an unlawful way. The Broker also not told that in cancelation you will get your amount deducted. The Builder said that you have signed terms and conditions we said that your terms and conditions are in the middle of the form and the broker will turn the page himself and neglect the part of the terms and conditions to observe. We said the booking form is a temporary form not any authentication & validity in the eyes of law because anything done has to done on the registered proper document thru Registrar.
4. We after that meet four directors of the supertech one by one who said that they have a policy made for their personal unjust enrichment and unlawful purpose for the welfare & demands of the company staff and the chairman and directors of the company who get all the expenses deduct from the consumer who trapped accidentally in superech. We said that how you can charge 24% Interest although we are not using your living services of flat accessing neither nor any personal debt we have taken from you. We also try to meet R.K Arora chairman of Supertech but his secretary & security had stopped us for going to meet the chairman of supertech and leave the other supertech employees to look this matter. All the employees of supertech are so rough, shrewd, self indulgent and working only for the welfare of the Superetch Chairman and have no sympathy & human morality to the consumers and clients. We said that kindly refund our Rs 3 Lakhs as we actually paid at the time of booking but the supertech employee are adamant that they will deduct 15% i.e forty five thousand and the rest of the money will be return in 4-6 months timeframe . What this type of crooked activities the supertech may using for harming consumers who trapped by the Brokers whom the Supertech have given full rights to sell their flats on commission basis. The Supreme Court also made guidelines for the builder that no charge has to be taken by the builder of Car parking but the builders also charging Car parking into their additional charges rate with the flat BSP Cost.
5. Company Supertechlimited.com made wrong Rule for their personal undue enrichment which is against and opposite of the Doctrine of Public Policy.That this company first hide the complete Rule from the novice consumers who may entrap in their property flats when the customer wants to exit out from the booking flat this company in the Rule curtain against Indian law deduct 15% of the total amount paid to him and return the rest of the amount 85% in 4-5 months so that in the rest time period of the amount they also earned heavy interest and purchase new land for their projects in an unlawful and illegal business tactics. If the customer be unable to pay the demand money by the builder then this company also charge 24% heavy interest on agreed amount which they have not given any possession to consumers neither nor any consumer may taking advantage by living in their flat.It is totally bias that registrar of companies grant such Rule to make heavy loss to innocent consumers and the company flourishing thru illicit malpractices adopted by him and you grant power into their dirty hands to misuse the money for their personal undue advantage. If the some private company Ltd wants to make a Rule where Sexual assault & direct theft is valid under the company can this type of Rule be granted by ROC for the benefit of the one company and suffering by that thousands of people from the illegal Rule which is inconsistent with the Indian Legislation Laws..
How this type of Rule be allowed by the Registrar which is looting thousand of customers in the curtain of Rule which is void under Indian Apex Laws.
Now! We are writing to You to display again and again how the Builder like Supertech & their underwriters have looting the consumers and using their business tactics in the curtain of the Company and offices and drafting the booking form in a illusion way putting terms and conditions on page 3 or page 4 in minute font instead on first page . We want our paid amount Rs 3.0 Lakhs in full without any cutting as I am a only lady without any job support, without any husband support and alone and think to but a flat in Delhi with my hard earned money thru private teaching. I have paid the check by myself and now round and round day to day accesign the supertech office in sector 58 from Muzaffarnagar daily in the hope that I will get my full amount Rs 3.0 lakhs in one single day.
Kindly see all the documents attached with this letter.
FROM :-
From:-
Miss Aparana Goel,
210 South Civil Lines, Bulletin Colony,
Near Jhansi Ki Rani,
Muzaffarnagar -251001, U.P
MB:- 9319365499 , 9997473484.
kamal
27 June 2012 at 19:17
landlord filed case against me for nonpayment of rent and subletting.iappeared through counselbut never filed ws. case proceeded exparteand decided exparte. sub tenants left and handed over possession to landlord.i have been given 2 month time to vacate by court which i came to know from somebody as i have officially no knowledge of court decision. i have not yet vacated.can i save eviction. i may state that i have no money to deposit arrears.can case be linger on by going to higher court
RAJESH CHOUDHARY
27 June 2012 at 17:18
Dear all,
Me(A) and my Mother(B) are partners in a partnership firm (not registered) running a business of plantations.
Both (A) and (B) have demands raised on them by the Income Tax for a particular year.
NOW:
We wish to protect the property first.
We have transferred our interests in partnership firm to 2 different individuals on 1st April 2011 (before the demands were raised in december, 2011), and going to file return in their names as partners of the firm.
We need to now get back the interest in partnership in our family again. I was thinking of creating an HUF in current date under me (A) and reviving my deceased father's HUF wherein my mother(B) and me would be there.
These two HUFs will supposedly hold 50:50 shares in a newly formed Pvt Ltd Co. in current date. This company will buy the partnership interests from the other partners and therefore the business comes to us again.
Is the process fine enough? If we do this, can our interests in the HUFs be attached by creditors such as ITdept for demands raised in our (A) and (B)'s PERSONAL FILES?? Or they cannot harm us in any manner being part of the HUFs??
Was also thinking of creating a family trust wherein the 2 HUFs are beneficieries and this trust holds the shares in the new company. POSSIBLE??
A quick response would be nice.
Thanks.
Shelladurai
27 June 2012 at 16:33
I am in the process of purchasing an apartment in Bangalore. The apartment is built by a private builder who is not very well known. The builder has given me Khatha ("A" type), Khatha certificate and sale deed copies. The apartment is built on a plot of land which is part of the bigger area of 3 acres which was sold as plots to various people. The original sale deed has the whole area under one survey number. The sale deed of the apartment does not have a reference to a particular survey number for the individual plot. Will this be a problem ? The property owner has promised to get the survey number mentioned in the final sale deed.
vincent
27 June 2012 at 13:58
Dear sir a GPA executed on 09.01.1974 states as follows: "(1).To sell by private treaty or by any other mode convey or transfer by way of sale all or any of the immovable properties land, houses, vacant sites,building sites with all rights, title and interest there to any person or persons whether in block or separately for any condition so ever. (2) To execute any agreement for sale or sale deed or a other document necessary to effectuate the afore said purposes and to cause the same to be stamped registered or authenticated as the case may be. (3)To appear before any registrar or other authority for the purposes of the said sale or transfer. (4)To receive or agree to receive the consideration for the said sale or sales in respect thereof (5)to appoint any agent or agents on my behalf or as well as on behalf any other person jointly to cause the aforementioned properties to be sold. (6) To deliver possession of the property sold to the purchaser as the case maybe. (7) To purchase or otherwise acquire any movable or immovable property (8) and to do all lawful acts necessary for the aforesaid purposes" - these are the words of the GPA along with some other general points, the GPA is executed.
Now the executor of the GPA buys a property on 01.03.1974. through a registered sale deed in Thanjavur. He conveyed this property to a private trust in the year 1981 through a registered gift deed in the chennai registrar office. In the year 2002 he cancels the gift deed stating that conditions are not fulfilled according to the gift deed so the gift is not completed and so he cancelled the gift deed through a cancellation deed executed in thanjavur registrar office.
Then he sold that property to a third party in the year 2003.
In the past during 1974 using the GPA the power of attorney sold this property to various peoples through an unapproved layout.Furthur more he executed another GPA for him appointing another attorney to sell the above property on 28.02.1974 with the same wordings mentioned in the above GPA. For the past thirty years nobody created any enjoyment rights over that property.the purchaser on 2003 from the direct owner owned and possessed the land from the date of purchase along with revenue records, taxes and electrical connection.
NOW THE QUESTION IS: (1) DID THE SALES MADE BY THE GPA'S ARE VALID OR NOT?
(2) CAN THE GPA HAD ANY RIGHTS TO APPOINT ANOTHER ATTORNEY ACCORDING TO THE WORDINGS OF THE GPA MENTIONED ABOVE?
(3) THE PROPERTY IS PURCHASED ONLY ON 01.03.1974. THE GPA IS GIVEN ON 09.01.1974.AS PER THE GPA THE ATTORNEY CAN SELL THE PROPERTIES OWNED BY THE EXECUTOR BEFORE O9.01.1974. DID HE HAD ANY RIGHT TO SELL THE PROPERTIES PURCHASED AFTER O9.01.1974?
(4) ACCORDING TO THE GPA WORDINGS THE ATTORNEY HAD RIGHTS TO PURCHASE PROPERTY IN THE NAME OF THE EXECUTOR AFTER 09.01.1974. AND SELL THE PROPERTIES OWNED BY THE EXECUTOR BEFORE 09.01.1974. IS IT TRUE AND VALID BEFORE LAW?
As the land values are increased the subsequent purchasers and land maffias getting these documents for a very low value and thretening the true purchasers to evacuate the land.many suits were filled in the courts by various peoples with regard to this. PLEAS KINDLY GIVE YOUR OPINION ACCORDING TO THE EYE OF LAW WITH POSSIBLE CITATIONS. Now all our previous vendors were died.
vincent
27 June 2012 at 13:45
Dear sir a GPA executed on 09.01.1974 states as follows: "(1).To sell by private treaty or by any other mode convey or transfer by way of sale all or any of the immovable properties land, houses, vacant sites,building sites with all rights, title and interest there to any person or persons whether in block or separately for any condition so ever. (2) To execute any agreement for sale or sale deed or a other document necessary to effectuate the afore said purposes and to cause the same to be stamped registered or authenticated as the case may be. (3)To appear before any registrar or other authority for the purposes of the said sale or transfer. (4)To receive or agree to receive the consideration for the said sale or sales in respect thereof (5)to appoint any agent or agents on my behalf or as well as on behalf any other person jointly to cause the aforementioned properties to be sold. (6) To deliver possession of the property sold to the purchaser as the case maybe. (7) To purchase or otherwise acquire any movable or immovable property (8) and to do all lawful acts necessary for the aforesaid purposes" - these are the words of the GPA along with some other general points, the GPA is executed.
Now the executor of the GPA buys a property on 01.03.1974. through a registered sale deed in Thanjavur. He conveyed this property to a private trust in the year 1981 through a registered gift deed in the chennai registrar office. In the year 2002 he cancels the gift deed stating that conditions are not fulfilled according to the gift deed so the gift is not completed and so he cancelled the gift deed through a cancellation deed executed in thanjavur registrar office.
Then he sold that property to a third party in the year 2003.
In the past during 1974 using the GPA the power of attorney sold this property to various peoples through an unapproved layout.Furthur more he executed another GPA for him appointing another attorney to sell the above property on 28.02.1974 with the same wordings mentioned in the above GPA. For the past thirty years nobody created any enjoyment rights over that property.the purchaser on 2003 from the direct owner owned and possessed the land from the date of purchase along with revenue records, taxes and electrical connection.
NOW THE QUESTION IS: (1) DID THE SALES MADE BY THE GPA'S ARE VALID OR NOT?
(2) CAN THE GPA HAD ANY RIGHTS TO APPOINT ANOTHER ATTORNEY ACCORDING TO THE WORDINGS OF THE GPA MENTIONED ABOVE?
(3) THE PROPERTY IS PURCHASED ONLY ON 01.03.1974. THE GPA IS GIVEN ON 09.01.1974.AS PER THE GPA THE ATTORNEY CAN SELL THE PROPERTIES OWNED BY THE EXECUTOR BEFORE O9.01.1974. DID HE HAD ANY RIGHT TO SELL THE PROPERTIES PURCHASED AFTER O9.01.1974?
(4) ACCORDING TO THE GPA WORDINGS THE ATTORNEY HAD RIGHTS TO PURCHASE PROPERTY IN THE NAME OF THE EXECUTOR AFTER 09.01.1974. AND SELL THE PROPERTIES OWNED BY THE EXECUTOR BEFORE 09.01.1974. IS IT TRUE AND VALID BEFORE LAW?
As the land values are increased the subsequent purchasers and land maffias getting these documents for a very low value and thretening the true purchasers to evacuate the land.many suits were filled in the courts by various peoples with regard to this. PLEAS KINDLY GIVE YOUR OPINION ACCORDING TO THE EYE OF LAW WITH POSSIBLE CITATIONS. Now all our previous vendors were died.
Mohan Pawar
26 June 2012 at 15:33
Facts;
1).The Company is registered with BIFR as a sick industrial unit since 2005.
2).The Company write backs such creditors unilaterally in their books of accounts without any remission or cessation by the creditors because of which the liability is still existing.
3).The Company credited such write backs to their Profit and Loss Account in the respective years and the Income Tax Returns for the respective years were filed with the same profits and adjusted against the carry forward of business losses.
4).The company transferred such profits to profit & loss Account because of which that amount is included in Capital Base of the company in calculation of Net Worth.
5).As a result the company’s net worth has become positive & company comes out of sickness but operationally it is other way round. The company is making such profits because of such write backs only and not because of operational activities i.e. no cash profits.
Queries-
1).Can we create any contingency reserve with an equivalent amount of creditors write back in our balance sheet as these are written off unilaterally?
2).Can such write backs are in the nature of provisions as these are write back unilaterally in our balance sheet and the liability is still existing?
a).If Yes, then whether it is a short term or a long term provision?
b).If No, then how can we show it in the balance sheet?
3).Can we include such write backs in our free reserve for the distribution of dividends?
4).If we can do any of the above treatment, what are the implications of the same under Income Tax Act/Companies Act for the respective years:
a).Whether there is any need for revision of Income tax return for the respective years?
b).If Yes, then what are the procedures for revision of returns?
c).If No, then please suggest any other way for such treatment.
d).Whether any restatement of balance sheet is required?
ND
26 June 2012 at 14:50
Hi,
My Granny owns (we are not the landlord or owners) a house under pagadi system for which she pays rent to the Landlord.
Because of her old health she now wants to transfer the property in my name, such that I would be the new tenant and the rent receipt will be issued in my name.
I had heard there is a 90% stamp duty that one need to pay for the transfer of tenant ownership from my Granny to my name. Please note that this is not a sale, its jus the transfer.
Request you to please let me know,
1. If there really exists a stamp duty on such tranfers and if yes the how much percentage? The House is in Mumbai Central.
2. What is the procedure to be followed for such transfer?, if the expert can spell out in detail.
Bhavesh M. Thaker
26 June 2012 at 11:24
In an ancestor property, Few legal heir stayed in the same property. Few sold their rooms to outsiders. To maintain the building committee was formed and rent receipt was issued to all the tenants including other legal heirs who stayed in the same bldg.
What is the status of this legal heir? Are they Landlords / Tenant or Landlord cum tenant?
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Apex court judgments re jurisdiction
dear friends and experts,
could anybody help in giving case reference/ citation etc of apex court judgments regarding the point:
"workman can file case in a court where he resides."