saurabh sharma
22 March 2012 at 19:10
I have bought a car. while going on to batala, i met with an accident. the car was driven by my brother-in-law. After the accident we both got injured and refer to the hospital. Meanwhile FIR been lodged and insurance company has been informed for the said accident. we have a total loss of 6lacs rupees. But the insurance surveyer has prepared a report for only 3lacs rupees. i filed a complaint in consumer forum. They took the plea that at the time of isuing the license by the appropriate authority my brother in law has not completed the age of 18 years, so they repudiated my claimon this ground. but before this they have already paid two claims to my brother in law and now they demanded the same to be refunded. But i have a document from the motor vehicle authority which proves that i have a genuine license.
1. how did i prove my case.
2. Is there any SC or National Commision judgement on this issue.
Sudha
22 March 2012 at 16:53
My parents live in an apartment, none of the owners of the apartment have been given an occupational certificate by the builders. The builders have been evading the owners regarding this. My parents found out that the builders have not submitted the “completion certificate” of the apartment building to the City Corporation, so officially the apartment complex does not exist. (The builders have not followed the original building plan they submitted to the corporation, they built extra apartments which are not part of the original plan and sold them as well.)
While living on the first-floor the above mentioned apartment, we became vulnerable to a life-threatening situation when we entered the open terrace, which is part of our built-up area. (Each first-floor apartment owner has bought an open terrace as part of their apartment. )Everything from garbage to window-pane glasses started falling on the terrace from apartments above us. (There are 15 storeys above us). A child was hurt when a window pane crashed on the terrace in one incident, and was hospitalised.
We contacted the builder to build a protection on the terrace, they declined because the Deed of Declaration we signed said that we cannot build anything on the terrace. The first-floor apt owners then approached the Consumer Court against the Builders. We won the case, and were allowed to build a roof over the terrace with the permission of the apartment Association and the City Corporation at our own expense.
In fact the Court found only the Association at fault, blamed them for”deficiency of service” and made them give each first-floor apartment owner a compensation. The Court said it is the duty of the Association “ to protect and safeguard the rights of the residents by obtaining the necessary licence.” The Court said that the Builder was not at fault once they handed over the building to the Association, and since there was no structural defect in the building.
In the situation that the Corporation cannot give a written permission to us, we assumed that if the apartment Association gave us permission, we could go ahead and build the roof. The Association convened a meeting for “the final execution of the court order”. (We have a copy of the letter from the Association which called this meeting. ) The Association President gave permission to build the roof in the presence of our lawyer (who had represented us in the Consumer Court), but we didn't get it in writing.
My parents started constructing the roof. We had already spent a lot of money and effort on the structure when the Association President and Secretary brought the police and put a stop to the construction, saying we did not permission from the Corporation. Now, the President did not take any action to get permission from the corporation, and also he stopped our work. The Secretary then wanted us to dismantle the structure we built. He sent a Civil Court notice which called for a Status Quo. What should we do?
Ritika Gupta
22 March 2012 at 14:10
1.can a partnership firm be a co- venture with other individuals in a joint venture company having share capital or without share capital??
2. If yes, then wat is the procedure for incorporating into pvt. ltd. company?
3. please provide me the appropriate agreement needed for the joint venture
Thanks in advance
kavita.sharma
22 March 2012 at 09:55
right of appropriation is left with debtor it is said in sec 59.i want to know if debts are time barred and a person own to another person more than one debts.debtor makes payment.can creditor appropraite it to time barred debt?
satish
21 March 2012 at 23:49
I have some civil suit pending before HC and lower court in same type business matter filed on false basis. Hon'ble Judge is giving date of 3-4 months. Due to that my project is delaying and motive of plaintiff is solving.
Is there any process for speed trial?
S.KARUNAMOORTHY
21 March 2012 at 22:46
Dear Sir,
Kindly clarify the latest filing fees payable for making application u/s 17 (1) of SARFAESI Act in DRT, Coimbatore, Tamil Nadu.
Regards
Ria
21 March 2012 at 18:26
Respected experts,
1) Please advice as to who receives the payment cheque after depositing the registered agreement between buyer and the re-seller in the bank for home loan, the buyer or seller ?
2) Does the bank on deposit of the sale agreement simultaneously and immediately pay the loan amount ?
3) What guarantee does the bank give to seller have that the seller will get his payment after lodging the registered sale agreement in the bank from where the buyer has availed a home loan ?
Nishant Singh
21 March 2012 at 18:02
dear experts, the case is, my client's house was built up in 1990, but he has no proof in this regard. the authority asked him to file a proof of the buildings existence in 1990. he filed two affidavits of his neighbours in support of his claim who were also residing there prior to 1990. the authority did not considered it and passed demolition order. my question is- whether the affidavits filed by the neighbours an admissible proof in this regard. can you site some case laws also in support of this.
regards.
Dharni Patel
17 March 2012 at 16:58
Dear Sir,
One of my client is importing laptops for which they paid cvd+cvd edu cess+ cvd HE cess equivalnet to 10.3%. He is a trader in india selling these laptops by charging vat/cst as applicable. he is also a service provider. He falls under business auxiliary services and repairs and maintenace services for which they pay service tax. They have no any manufacturing activity.
so my query is
Can he claim cvd paid on import of laptops against payable service tax on business auxiliary services & repairs & maintenance services?
whether cvd paid is refundable to them by any other way or it is part of cost to them ?
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Land laws - maharashtra
Dear Experts,
We are planning to set up manufturing set up in around 10 acres in Baramati MIDC - Maharashtra.
We do have 02 options
1) Purchase agriculture land & to convert it into Industrial NA Plot then how much area construction we can make to this 10 acres as per Maharashtra Act & Rules...?
2) 10 acres land in MIDC area then how much area we can bulit up in this 10 acre MIDC land.?
In case of any assistance you can contact me at hr.antbpune@jbm-group.com
Thanks in anticipation......