Ranbir
04 January 2017 at 05:24
Dear sir,
I am owner of one vehicle which was financed from bank .I was regularly paying the installments but the bank informed me that the cheque given by me for emi has been lost I started paying through cash receipts but later came to know that the installments were being deducting through cheque also for the same month from my bank account I immediately contacted the concerned branch who apologised regarding same and gave assurance that it will not happen in future I directed them to withdraw through the cheque given from my end and no cash payment would be done from my end following which I got letter from the bank that no installment has been paid from the month of march where as they had withdrawn the installment for the month of march and April I gave a lawyers notice and no response WaS given from their end following which my vehicle was repossessed on my absence I had paid 90 % of the finance amount
I filed the case in consumer forum the op did not come to contest the case and was heard ex parte following which an application under order 9 rule 13 CPC was filed by the op to vacat the ex parte order hearing was called for application under O 9 rule 13 cpc by the LD forum more than 10 hearings were called for the above application but the op only asked for time for hearing following which the LD forum dismissed the application under O9 rule 13 CPC stating it has no jurisdiction to entertain the above application and the case was decided in my favour and directed bank to returned the amount paid by me for the vehicle
Now the op appeal regarding same in state consumer dispute redressal forum stating they were present in lower district forum and had filed evidences but the district forum did not looked at the documents filed by the op and they also hide the fact that they had filed an application under order 9 rule 13 CPC and also that they were ex parte in the case now sir when op was not present in proceedings of district forum can the op file such type of appeal and can the evidences filed in the state consumer forum be taken when it was never filed in district forum
AJAY SHAH
04 January 2017 at 00:15
HUF PROPERTY BOUGHT IN 1965 @ 30000 Rs.IN MUMBAI & total capital of huf is eight lacs
KARTA & WIFE EXPIRED
4 COPARCENER :ONE SON & 3 MARRIED DAUGHTERS
present value is 220 lacs.
daughter are willing to forgo their share in property & capital of eight lacs.
how to dissolve the huf what will be stamp duty registration charges [ if any ] in Mumbai if the property to be registered in society.how to avoid stamp duty & registration charges.
any direct sale of property is possible without transferring the property in society register. after payinr necessary transfer fees & hand over the share certificate to new buyer.[ TO AVOID LONG PROCEDURE FOR TRANSFER IN SOCIETY AS THEY SIT FOR MEETING IN 3 MONTHS ]
SUMIT
03 January 2017 at 22:10
Sir,
Mortgagor was died with unregistered will. In will he had mentioned his legal heirs for the immovable property their grand sons.
Property is already equitable mortgaged with the bank & now for bank I have 3-4 questions, pls guide me.
1. Whether fresh mortgaged need to be done?
2. What are the effects of the will for the bank?
3. What bank should do.
Thanks In Advance
sandeep
03 January 2017 at 21:58
The deputy registrar issue the notice under section 73 1AB to current committee of our building for non issuing m20 bond . Now filed is closed for order. Now I want to know that registrar only dismissed the committee or also disqualified of current committee members for 5 years.
Manish
03 January 2017 at 21:01
Dear Learned Members,
Greetings!
I booked a flat in a project at Ahmedabad in Oct 2013. Agreement to Sale (ATS) was signed. As per ATS completion/delivery date is June 2016. Payment is based on achieving construction milestone as defined in the schedule.
In Oct 2016 builder/developer Company sent email informing start of registration/possession process and asked for balance payment, stamp duty etc. and interest citing the reason delay in payment.
A home loan was taken to finance this flat purchase. As per bank builder had to submit approved plan in order to release payment which builder representative acknowledged in reply email.
As & when invoice were received it was sent to bank for payment. On couple of occasion payment is released by bank with delay citing (verbal by bank representative) that as per report available with them, construction milestone not achieved and bank released payment after achieving milestones.
Full payment is made including stamp duty, registration charges etc. except the Final payment DD which is ready & lying with Bank. As per the practice, bank will release this final payment upon handover of registered sale deed to bank. Copy of DD emailed to Co.
I have raised question to Co. about authenticity and genuineness of interest being charged citing delay in payment. I asked Co. to show the architect certificate of completion achieving construction milestone. I wrote in my email to Co. that if interest charge is substantiated by Architect certificate and it is found correct, I will pay the interest. I also offered to Co. to complete the registration part so that final DD can be released by bank and Hold the possession part till interest charge matter is resolved. Co. did not respond to these offers.
I also raised a demand note on the Co. citing their delay in possession as per ATS with interest calculation with same rate of interest starting from 1st July 2016 till the date of Oct 2016 when Co. emailed informing registration.
On 12th May 2016 Co. emailed to me and informed they completed the construction and are in process to apply for Building Usage permission with AUDA. Again on 19th June Co. sent email stating that they filed application with AUDA for BU and possession is subject to this BU permission from AUDA.
Thereafter for next 3 months no update from Co, I then wrote to Co. on 10th Sep 2016 reminding them about possession, and then Co. replied saying Guj. Gov. promulgated new rule/regulation making it difficult to comply and obtain BU. I again raised question as why Co. had not responded in March 2016 to Guj. Gov when it issued draft law inviting suggestion and objections, to this Co. gave no reply. Had the Co. responded to this draft in March 2016 this would have saved investor/buyer of the flat.
I like to know what course of action and legal recourse is available to me. I request learned members for their best response.
Sincerely
MANISH NMM
durga
03 January 2017 at 20:49
Sir/Madam,
I have paid an advance of Rs. 40 lakhs in Nov 2016 (just few days before the announcement of demonetisation) to purchase a commercial house site. The agreement given by the present owner of the site indicated the time given to register the site after paying the balance amount is 3 months. If the remaining amount is not paid within the 3 months and complete the registration process, I have to forego the entire advance amount.
Because of the present demonetisation and changing banking rules, I am not in a position to gather my cash resources to pay him either cash or through cheques within 3 months.
I wish to know whether the agreement is valid only for three months period. Since the present owner refused to extend the agreement period, Can I take legal redressal to get back my advance paid to him with at least bank interest.
Many thanks in advance for your clarification and guidance.
PUNEETH
03 January 2017 at 20:33
Hi,
My grandfather had bought a house in his self earned money. Upon his death it was transferred to my grandma. In due course my father (elder son of my grandfather) also passed away. My father had two brothers and two sisters.
Now my grandma wants to divide the property into 4 parts and transfer 2 parts to her second son and one part each to third son and me due to some mind games played by him.
Please let me know is there any way that I can make her to divide the property equally among all? If she still goes on with her decision what are my chances of stopping it?
Thanks in advance.
Deepak
03 January 2017 at 19:35
Respected All Experts. dt 03-01-2017.
Good evening and Happy New Year-2017.
First Appellate Authority allowed appeal and directed the CPIO to provide requested Information documents under RTI,Act,2005 but the CPIO not providing the same. My query are as follows;
1)Can I file second appeal ?
2)What will remedy in this situation against the CPIO ?
waiting for valuable guidance.
thanking you,
with warm regards
deepak
Gopal Soni
03 January 2017 at 19:00
hello everyone ,
i have applied for a LAP (loan against property) in a bank 4 months back, there were various application forms have been submitted along with numbers of documents in last 4 months as asked by the bank's representative , login fee of Rs. 2500 and processing fee of 42000 has been charged by bank through cheques, which is applicable on loan amount ,
loan agreement has been made and terms and conditions on sanctions have been signed by me and provided same one copy to me .
few days back i have received a message on my mobile that Your loan has been sanctioned , but still i have not received same,
plz guide to whom to be complain make , because i am not receiving a reasonable reply from bank.
is it fruitful to complain to Ombudsman ? will they really help me ?
what is procedure ?
plz guide
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stopped payment by the drawer
sir, If a cheque issued by the drawer, stopped payment saying that the advance cheque given to the party for the supply of material. But the holder of cheque supplied material to another party , then in this case is drawer is liable for the payment. Now drawer stopped payment of holder because of non supply of material. Then in this case NI Act applies. What case holder will file against drawer. rgds jack