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Naveen   13 September 2019 at 17:35

Resale of 4 wheeler

Dear Sir/Expert,

Issue details as below:

I had sold my Car to one of the reselling vendors (OLX- CASH MY CAR) on 19th June 2019. I had got the money except 5000/- due from the vendor. While doing the transaction that it was mutually agreed that the ownership transfer of the vehicle will happen in next 15 working days from the date of the deal i.e., 19th June 2019, and I will be getting my balance due of 5000/- on that date. I had handed over the vehicle to the vendor and they had given me the written acknowledgement saying OLX-Cash my car is responsible for any kind of traffic violations and any other legal obligations thereon.
I am in continuously doing follow up with the vendor for ownership transfer but till date they have not. When I called their customer care, I came to know that ownership transfer will take min 90 days from the date of the deal which was not mentioned to me at the time of deal closure.
I planned to purchase new vehicle, but I was forced to put on hold, as the existing car is still on my name and I had to pay additional charges (RTA taxes) if I am buying second vehicle. I am using public commutation for my daily needs and paying approx 400/- per day.
This situation I explained to Olx-Cash My Car customer-care and also given written complaint to their customer care mail id. Had given couple of reminders but no use and they are not reverting. When I called their local office, they were very rude and impolite in response.
In this regard I would like to go with Consumer forum to file a case against OLX-CASH MY CAR.

Please suggest,

Thanks,
Naveen Kumar.T
Hyderabad

Rakhi Jadav   13 September 2019 at 17:15

Guardianship certificate

II want to apply for my client he is brother of mentally retarded sister so her sister is adult 45 age so can he apply at local level committee and where should we contact where is office as applicant stay in Mira Road. Thanks. Adv Rakhi Jadav

Jayandrasing   13 September 2019 at 15:29

Financial irregularities

Dear Sir
From 2013 I have deposited Rs 3000/Month in Sahara credit cooperative society for 5 yrs my scheme ends in June 2018 so as per maturity they have to pay me 180,000 (deposit)+20000(Intrest)= 2lakhs but due to SAHARA-SEBI issue in SC they have paid me only 1 lakh 4-5 months late after maturity with temporary FD of remaining amount but now due to my financial problem I am asking them to return my amount by disbursement of FD earlier than due date but they are saying we are unable to give you amount until final decision of SC on SAHARA-SEBI case.But in between period i am unable to pay my SHOP'S GST Returns& IT returns also my gold loan renewal is pending due to short of money.1)So can I apply in consumer court?
2) if I approach to consumer court can I asked for compensation of Fine which I have to Pay for late filing of GST,ITR & extra & percentage of interest on my bank loans due to not paid on time because of SAHARA haven't paid me on time so I am unable to pay.
Sahara scheme Maturity time was june 2018 it's 15 month +
In short can I ask for compensation from sahara for my losses in last 15 months due to unavailability of payment which I have planned before?

Ravi Mitkari   13 September 2019 at 14:54

Setion 8 company

Dear Sir/Madam

I Am CS Executive Level Student I Just Want To Know That Is Section 8 Company Can Accepts Loan From Banks/NBFCs/Other Financial Institutions? If Company Accepts loan From Individual Then Is It Non-Compliance or Defeat Any Any Provision Of Companies Act 2013?

SHEKHAR   13 September 2019 at 10:59

Issue sale of flat

Respected SIrs :

I Mr.Shekhar Dhawley have an query related to my fathers property as belows :

My Father Mr.D M Dhawley had purchased a flat from MR .Gopal in year FEB 2012 for amount of 14 lacs. Both of them had not made any kind of document except that on a Rs 100 stamp paper Mr. Gopal had agreed that he as agreed that he has received Rs 10 lac from my father as a payment of flat and Mr .Gopal and my father has his thumb on that paper.We has the possession of flat since then .

In year 2011 Mr Gopal had borrowed a loan on that flat from a co-operative bank and he did not inform my father the same while doing the transactions.My father died in year 2014.

Now the Bank is sending the notice to our people to whom we have rented the flat to vacant the flat.


Please help me as to what can be done legally against Mr.GOPAL. and can we bringa stay on that flat.

Regards
Shekhar Dhawley

Anonymous   13 September 2019 at 06:57

Divorce underway

Hi I am a New Zealander currently under going a divorce. Papers have been served to my ex husband and signed and sent back to New Zealand. As to my understanding how long before I wait to get married again? I am currently in India with my current partner and we are wanting to get married here in India. Looking to reach out for help also professionally. Thank you

Anonymous   12 September 2019 at 23:40

Garden flat

Dear Club members,
I bought a 2 Bedroom garden flat from a builder in the year 2000. After a year of purchase the society began asking me to surrender my garden space as it was originally meant for parking space for the society members as shown in the building layout plan. I later came to know that the builder had not registered the garden space in my sale agreement but sold the same to me. I approached the builder as I had paid him for the garden space. Until now 2019 he keeps evading the issue. Can the society take back the garden space from me. Please advise.

ks   12 September 2019 at 20:11

Appeal in division bench of high court

Dear Experts,

Against an interim order of Family Court in the case of child custody case, we appealed in High Court under Article 227. In case order goes against us, is there any option we can file review appeal under Article 226 in the same High Court ?

Please note that we have not mentioned Article 226 while filing present Petition.

Prem Bhardwaj   12 September 2019 at 14:35

Validity of gift deed in present case

Mr. A (owner of 2 story building) Mr. B ( son of Mr. A) Mr. B got second floor his father via registered sale deed instead of gift deed in 1999 Mr. B in 2012 told to his father to reconstruct the building via builder. Builder will make 4 floor out which 3 floor and 4 floor will retain by him and will also pay 10 lac rupees. Mr. B surrender his right in name of his father and made a GPO b/w his father and builder. with condition that he & his father will equal share holder of money and floor constructed by builder. In 2014 Mr. B made one sale agreement and in which he bought one floor from his father for Rs. 12 Lac ( Market value 70 Lac). In 2015 when Mr. A via gift deed transferred to other floor his daughter. Mr. B raised objection against gift deed & said as per GPO we both are equal share holder of 2 flats. out of which you sold your share via sale deed to me. now how can you transfer my property to other via gift deed. Now my question is what is the validity of Gift deed. and objection raised by Mr. B

Read more at: http://www.lawyersclubindia.com/experts/ask_query.asp?

Mohammed Rizwan Shaikh   12 September 2019 at 13:40

Kept for order u/s 38 specific relief act

Hi,
A suit was filed to restrain the Defendants u/s 38 Specific Relief Act in a district court in June 2018 in respect to a land in Maharashtra. The Plaintiff's claim was based on a Muslim Gift-Deed from a husband (now deceased) to his wife. The Defendants (legal heirs) filed Counter Claim, all the contentions were false. The Plaintiff filed reply/ Written Statement. Further, the matter was kept for Arguments on Exhibits. The Plaintiff submitted the Exhibits. The Defendants did not submit their Exhibits.After a span of 15 months, the matter was heard on 11.09.2019. The Advocate of the Plaintiff argued but not upto the mark.in other words some points were skipped/ignored/incomplete/haywire although all the exhibits on which the Plaintiff relies are on the Courts record alongwith WS. The Plaintiff fails to understand what went wrong with the Advocate..The Magistrate has asked for ORIG. Gift-Deed and kept the matter for order on 30.09.2019.

Is there any way to fill the lacuna/gap created by the Advocate at the time of Arguments, before the Order?
As the argument was not upto the mark, will the Magistrate consider/refer to the WS?
As the Magistrate has asked to submit ORIG. Gift-Deed, should the Plaintiff submit it with a precipe before the Magistrate?
Will the ORIG. Gift-Deed be returned, as this is the only document on which the Plaintiff relies upon? How to safe-guard the same, plaintiff is skeptical?
What if the judgement goes in favor of the Defendants although the Plaintiff's case has all the merits? Can it be challenged in Aurangabad High Court?
Does Aurangabad High Court requires English Translation?

Your advice will definitely be very highly appreciated.

Mohammed R. Shaikh