Ajay.T
06 July 2016 at 16:35
Hi everybody,
One of my client who runs a mobile food canteen had entrusted the fabrication work(i.e.interior work) in respect of his food canteen (Generally called as food container) to one of the fabricator (a private Company) situated in Mumbai and all the work was done in Mumbai.The said work was delayed by several months. However my client has paid some advance and some money during the work was in progress and after the work was done which nearly amounted to Rs.5,00,000/- from his A/c in Goa.All the transaction was done through NEFT facility. However after when the work was done My client himself had to arrange for the transportation (since the fabricator did not co operate) and lifted the said container from Mumbai to Surath (Gujarath). After that, due to certain developments my client had to shift his family to Bangalore. while my client was in Bangalore (he is still in Bangalore), my client realised that the fabricator did a very pathetic job.The interiors were so bad that the hydraulic doors were not opening,, there is severe leakage,The welding in kitchen area had opened up,my client could not work in the kitchen with closed doors and the work was so poor that the employees were risking their life while working in the container.My client tried to contact the fabricator many times requesting him to repair the damages but the fabricator kept on postponing the issue for a long time i.e. from January, 2016 till April, 2016.Now he is not picking up my client's call.
Unfortunately my client did not enter into any kind of written contract with the said fabricator. Only proof is that payment was made through NEFT and proof in the form of e - mails for conversations held between my client and the fabricator.
My query are as follows:
1. will my client be considered as a
consumer under the Consumer protection
Act?
2. can I file a case under consumer
protection act in Bangalore against
the fabricator for doing such a poor
fabrication work since my client is
now situated in Bangalore and part of
the cause of action rose in Bangalore
or
3. Shall I advice my client to file a
case before the appropriate Authority
(i.e. Civil Court or the Consumer
Court)situated in Mumbai(where the
fabrication work was done and where
the fabricator's company is situated)
or in Goa(since the payment was made
from an A/c. situated in Goa) or in
Surath (place where the container was
originally meant).
Pls. advice me.
arvind
06 July 2016 at 16:07
dear sir
i am a accused in a case where the 239 application of discharge is going to pass a order by the trial court. i want to know whether time would be granted. for appeal. or frame of charge will start. please tell me
gopinathan
06 July 2016 at 15:43
A head of Office was trapped by Vig.&Anti Corrupt.based on a contractor complaint.He is suspended. Later in past 8 months he collected several documents about the contractor through RTI in various dept.Following shows the contractor as a social evil elements.
1)later on a petition filed by the HO ,Madras HC ordered on 30/6/2016 in WP34990/2015 the works carried out by the contractor should be tested in Highways Research Station.Until Bank security may be given by contractor for 55 lakhs before pass the bills.(before trap the HO took disciplinary action against the contractor for his quality less road works)
2)The contractor manipulated or forged commercial tax officers signature and seal and prepared 100s of certificates and evaded VAT of 6 lakhs sofar. Last week he was charged u/s 420,468,471 of IPC
3)To find out exact evasion of tax,now a special audit is conducting in office by the order of department director
4)Now the contractor is absconded and seeking for AB at HC
5)Similarly , recently come to light that contractor himself printed so many firm invoices and produced to the HO as he purchased cement, steel, HP motors etc.and got lakhs of contract payments.Now CT dept enforcement wing confirmed that those are not real firms.This may be filed another FIR shortly against the contractor.
Now pl advice whether the officer can challenge the contractor' complaint and quash FIR on him by vigilance dept.? or should he meet the case as usual in the trial court? still charge sheet not filed on HO.Which way is better.
pramod
06 July 2016 at 15:18
Someone filed a case against me in Court u/s 420 406..... in a financial matter...
But at pre-cognizance stage, we both compromised and signed a compromise deed and the complainant withdrew his case. Compromise deed was recorded in magistrate Court.
As per his complaint, i defrauded his for Rs. 10 lacs but we both came to an compromise that i will give Rs. 1 lacs each month till 10 lacs is fully recovered by him.
I regularly paid him 8 times i.e. 8 lacs but due to some unavoidable circumstances could not pay the rest..
The complainant again filed a Fresh Case on same grounds and same IPC sections but hiding the previous complaint and 8 lacs received by him.
Is it that Non Compoundable cases cannot be compromised?
Suraj Vishwakarma
06 July 2016 at 13:11
Dear sir, one of my friend father 40yers back purchased a property but done registration on his elder brother name both have started residing on same property every government document was made on both of them name. They applyed for one Rationcard. After a time elder brother without intimating younger brother cancelled h�s name from ration card and now he started demanding to vacate the premises. Kindly let us know what remady we can get and how we can get share in the property.
surendrababu
06 July 2016 at 12:07
Sir
In a criminal case the prosecution examined the Investigation Office twice as P.W-5 and P.W-6 on different dates in a single case.
what is the validity of that evidence
Sh. P Suresh
06 July 2016 at 11:42
It will be nice if laws governing identity of a person is made known. This is with specific reference to: Address, Change in address, Processes to get registered in old place, new place; Prescribed residency period (Time limit) etc allied aspects
puttarazzz
06 July 2016 at 10:32
Hi Experts,
Is wife is eligible to share my father property in Divorce case.
Ramu
06 July 2016 at 10:30
Dear Sirs/Madam,
I am planning to buy a plot in Hyderabad. I have shortlisted a property to buy, but it is just a notary plot wherein a house is constructed with a proper H.No., metered electricity connection, municipal water connection and paying property tax regularly. Seller is also promising me to register this plot on my name. In this situation,
1. Should I go ahead to buy this plot?
2. What are the precautions to be taken before purchasing it?
3.What type of documents should be prepared to bring legality?
4.What are the other procedures to be followed to become a legal owner of this property?
A ton of thanks if you clarify it...! Regards
Ramu
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Dismal of employee from his job
sir,
that the employee is working as cook in the society, who runs educational school and enquiry was initatied against him with alleged incident of theft but no FIR or NC was loadged against him in the police station still the society arbitrality remove him from his job in mumbai.
which is the proper forum or court for filling appeal against dismisal from job
whether the appeal can be made at school tribunal
i want to know what is proper forum or court for filling appeal against dissmisal order.