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Queries Participated

Anonymous   23 November 2022 at 13:09

Harassment and threatening calls

Respected Expert,

One of my relative got loan of 4 lacs from one private bank and during COVID he lost his ability to payback the said loan and failing to repay the same.

I was not at all aware that my number was given as reference or what but now a days I am receiving continuous harassing and threating calls from those banks.

When I am ignoring these calls then my other friends, family and collogue is receiving calls and abusing me and my relative for such default of loans.

I am in mental trauma and also scared if these calls goes to office and professional contacts.

Abhinay Kumar Shaw   14 November 2020 at 14:51

School publishing incomplete examination report

Dear Member,

My ward is studying in a renowned Private School in class III. He's having a good academic and sports. During this outbreak of COVID-19, the school authority has conducted online examination where the student was required to submit their answer through email and later they published incomplete report with absent on few subjects, we had written email complaining the same but they did not taken any action to rectify. Further they conducted the semester examination and made arrangement to submit the answer sheets through google form but again they published the evaluation report incomplete stating that they have released the report based on the received of answer sheets. In both the incidence my ward has successfully submitted his answer sheets and still they have published incomplete results, which is impacting my child's morale and making us mentally harassed as they are not taking any corrective measure to rectify the errors.

Further, these incidence are not only with my child but many of the student.

Please guide what steps should we take to get things in order.

Abhinay Kumar Shaw   12 December 2018 at 11:27

Resignation during probation period

Dear Respected Members,

Please suggest on the following :
Band : Senior Manager
Date of Joining : 3rd of October, 2018
Date of Resignation : 5th of December, 2018
Date of Board Meeting : 6th of December, 2018 to be appointed as Company Secretary

Offer Letter containing :

You will be on probation for a period of six months.

A formal letter of appointment setting out the terms and conditions, particulars of your remuneration, benefits, etc. will be issued to you at the time of your joining duty with us. You will also sign an agreement of fidelity and confidentiality.

In case of resignation you will be required to provide/serve a 3 month notice period subject to approval from
CEO or pay three month's salary in lieu of notice period on confirmation and approval from CEO.

Employment as per this offer letter is subject to satisfactory referee’s report and your being found medically fit
and we will let you know the formalities that need to be completed in this regard.

Is it mandatory to serve Complete Notice Period even if the candidate being under probation period or either party can leave by giving notice in writing.

Abhinay Kumar Shaw   30 November 2017 at 23:07

Consumer Forum

If District Consumer Forum is taking time of more than 2 years for hearing only but not to finalise the case, then what to do to get the speedy settlement of the case, because the case may to go State Consumer Forum and thereafter to the National Consumer Forum.

Abhinay Kumar Shaw   18 June 2015 at 21:16

Seeking legal opinion to get the possession

Mr. X a developer / promoter of Building entered into an Development Agreement and has taken Power of Attorney from Two person Joint Holder / Owner of the Land. Later on one of the Owner died and without informing the same Developer entered into an Agreement to Sale of a Flat with Mr. Y.

Mr. X has taken Advance Money and Partial payment about Rs. 5,50,000 (Through Bank Transactions only) for part performance and made the Flat ready but still CC, Exterior and Lift is left unattended. On Mutual Agreement Mr. X has agreed to give the possession to Mr. Y on further payment of Rs. 5,00,000 in addition to the earlier payment and given the possession as well but in relation to installing the Electricity Supply and Meter a quarrel took place between Mr. X and Mr. Y and it become so serious that matter went to the Court as well under the Civil and Criminal law and later on Mr. X has Locked the Flat and doesn’t allow to enter into the premises to Mr. Y and demanding a Sum of Rs. 1,50,000 from Mr. Y in relation to Medical Treatment of one of a person who got injured in the same quarrel to proceed the Registry or Possession.

No Mr. Y is seeking all the available options to him in terms of Legal and what further steps should he follow.
First Advance Money was given in the month of September 2011
One of the Joint Holder died in the month of January 2012
Agreement to Sale in between Mr. X and Mr. Y in the month of February, 2012
Quarrel took place in the month of October, 2014

Further if Mr. Y intends to made an injunction, is he eligible to and what are the procedure of the same.

Abhinay Kumar Shaw   10 November 2014 at 11:59

Consumer case

I have booked a flat in the year 2012 on the 5th Floor which has not been sanctioned yet as because the building has got sanctioned for G+3.
I have made the payment almost 50% of the Purchase Consideration and the Promoter has authorise me to take the possession against the part performance and we did the Griha Pravesh on last month but now again the promoter has locked the Flat and with their Locks along with ours.

Now please guide me what to do or what steps should I take.

Abhinay Kumar Shaw   30 August 2013 at 12:39

Possession or refund of advance money

Respected Members,
Mr. X (Purchaser) has entered into an Agreement for Sale of Flat with Mr. Y (Seller / Promoter / Developer) on 8th day of February, 2012 for purchase a Flat measuring about 1050 Sq. Ft. @ Rs. 1500 per Sq. Ft. (Market Rate was on that day about 1650 per Sq. Ft.) on 5th Floor, Block –A, on the South East Corner of a Building which was Sanctioned for G+3 by the Local Municipality.
Mr. X informed (mutually) to Mr. Y that he will give 30% of the Flat Cost as Advance money for booking the said flat in his name and the balance payment shall be made through Home Loan from any Bank or Financial Institution and Mr. Y assured (mutually) that he will get all the necessary document done for helping Mr. X to get the loan sanctioned including variation certificate from the Local Municipal Corporation for G+5 Construction by paying the additional fees and penalty.
Further, Mr. X has made the payment as Advance Money via RTGS and Cheque Rs. 550000 (3,00,000 – 16/11/2012, 2,00,000 – 26/11/2012 and 50,000 – 09/02/2013) which is more than that of 30%.
Please note, Mr. Y has got the land on which he is constructing the Building into 4 Blocks from Four (4) Parties but Mr. X was not aware of the fact that before entering into the said Agreement one of the party died some time back from the date of signing the Agreement.
Now, the party who died, whose legal heirs are not co-operating with Mr. Y to go for further proceeding and Mr. Y is not able to proceed neither the construction of Flat nor completion of the necessary document as he need all the party or his legal heirs for signing and filing the application for Variation.
Therefore, please consider every aspect of the matter from Mr. X’s and Mr. Y’s point of view and suggest what Mr. X should do to get either the possession of the said flat or Refund of Advance money along with Damages (Market Value is 2500 per Sq. Ft.) and Interest if any.

Abhinay Kumar Shaw   19 May 2013 at 22:50

Property purchase deal

Dear Sir / Members,

Please suggest any remedy or legal proceeding in the following Case.

Mr. X (Buyer) entered into a contract for Purchase of a Flat on the 5th Floor. with Mr. Y (Promoter / Developer).
The property has been sanctioned up to 3rd Floor by the Local Municipal Authority.
Mr. Y assured Mr. X that he will file a deviation appeal and generally the experience is that in that Municipality it use to be sanctioned by accepting Penalty.
It has been a long time but due to some unavoidable circumstances Mr. Y has not performed his assurance because the Deviation File has not been sanctioned yet.
Mr. X has got the Money receipt of Advance Booking on a White Page Letter Head of Mr. Y and duly signed on the Revenue Stamp and an original copy of the Sale Agreement.
Now, Mr. Y's physical condition is so bad and going down day by day.
However Mr. Y said that he has already applied but not got any report yet.
Now the point is that Suppose if Mr. Y die all of sudden.
Then what situation or circumstances will occur in front of Mr. X.
Whether Mr. X will be eligible to get the possession of the said Flat.
And if any things to be done by Mr. X before any such accident then please do suggest me on urgent basis.
Waiting for the Response eagerly.

Abhinay Kumar Shaw   14 November 2012 at 21:27

Contract of sale

A promoter has constructed a Building of G+5 whereas he has got the sanctioned plan of G+3 and after the deviation from the main sanctioned he has already applied for the deviation plan 24% p.a. with the Booking money if he could not get the NOC from Municipality against the Deviation upto June, 2013.
Should the person go ahead or not.
Suggest on urgency basis what else clause or action to be taken should be mentioned in the agreement of Purchase of Flat with the promoter.
And also suggest weather the Roof is considered as the common passage included in the Super Builtup if the Agreement or sale Deed is Silent about it.