Deepak Vanjare
13 April 2014 at 10:34
My company did not pay my salaries & dues for 3 months that is why i resigned. I have appointment letter, acceptance of resignation & relieving certificate. It is almost a year now the dues are not cleared inspite of repeated reminders.I filed a written complaint against employers in local police on misappropriation of my dues but no action. Suggest remedy.
Deepak Vanjare
14 April 2013 at 12:28
If sales tax authority attaches ovrdraft acct of a sme for recovery of sales tax dues under section 33 of Maharashtra value added tax act 2002 is it legal.What recourse is available to the sme unit.
Deepak Vanjare
07 April 2013 at 11:23
The Landlord is not accepting rent from all tenants for last 10 years.The building has been declared dilapidated by Mumbai municipal corpn.Landlord has been served notice by Municipal corpn to initiate repairs.Landlord has given notice to vacate to all tenants & has no intention to repair. Tenants approached Civil contractors to repair on their own by taking permissions but no contractor is risking repairs since building condition is bad. Tenants are living in danger to life being middle class people not having alternative. What legal recourse is available to tenants to force Landlord to reconstruct building or redevelop. The building is located near station & on prime residential area.Building is constructed year 1962 & tenants have paid Pagdi to landlord.Location Mumbai western suburb.
Deepak Vanjare
12 September 2012 at 08:33
We are tenants in a building which is declared dilapidated by BMC & notice served to carry out extensive repairs. Owner is not initiating any action & unwilling to take rent for more than 6 years.What options are available for occupiers who are dwelling for more than 17 years. Building is 40 years old & located in Mumbai suburbs.
Deepak Vanjare
02 October 2011 at 11:54
Bank had sanctioned Bank guarantee of Rs 26.65 Lacs to sme by keeping margin of Rs 6.65 lacs in fixed deposit under cgtmse.The BG was invoked & Bank paid all the amount to beneficiary after recovery of margin money.For the balance amount Rs 20 lacs bank has issued recovery notice. Thr Sme unit has existing working finance secure under a collateral security. Can bank recover the dues by issuing notice under sarfesi act against assets which were not linked for the facility under cgtmse where no collateral or third party guarantee has been given.What is the recourse available for the sme in this case.
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Right to shelter
Can state human rights commission/court can be approached to prevent municipal authority exercising forceful eviction of tenants in a privately owned dilapidated building without offering any alternative accomodation. Can the owner be directed to provide alternate accomodation or redevelop such building. Right to shelter is fundamental right of legal tenant in such a building. If so please suggest advocates in Mumbai.
Further to experts comment:-
1. yes i am residing in the same building.
2. Municipal corporation has served notice to tenants to evacuate their rented premises being declared dangerous to habitation.
3. Owner directed by Municipal corporation to provide alternate accomodation.
4. Owner not replying nor providing
alternate accomodation.
5. National human rights commission provides right to adequate shelter & sets out core obligation towards the right contained in Article 11(1) of ICESCR with core obligation as legal security of tenure against forced eviction & harassement.The state/ municipal corporation/The owner should provide alternate accomadation prior to eviction.
6.Can the State Human rights commission/ court can be approached for protection to tenants under Protection of Human rights Act 1993 compelling either of owner/ municipal corporation/ The state to provide shelter.