Aman Patel
08 May 2024 at 23:55
Hi,
My question is related to a building apartment. A promoter (local) entered into a development agreement of land to build a G+4 storey building on 13th December 2016. We have received an occupancy certificate issued by Baranagar Corporation dated May 14th, 2018. However, the completion certificate has not been provided despite multiple reminders to the Promoter. Some work is still pending in the building. There are 20 residential flats and 5 commercial shops. Flat owners have not formed a legal apartment association yet, and building maintenance is carried out on a mutual understanding basis.
As the completion certificate has not been handed over yet, several questions arise:
1) Can we issue a legal notice to the promoter to provide the completion certificate within a specified timeframe?
2) Since the occupancy certificate has been issued but the completion certificate has not, if any issues arise in the building, such as a breakdown of the lift, automated water pump failure, or structural damage to the walls, who is responsible as of now? Is it the promoter or the flat owners?
3) Suppose the completion certificate is provided after 1 or 2 months but pending work remains incomplete. Can legal action still be taken against the promoter and the issuing authority?
4) As the apartment association has not been formed yet due to some flat owners, can we compel the flat owners to establish a legal apartment association/society? It is most important question.
Please guide on these matters.
Keshav E
01 November 2022 at 13:36
Hi experts,
Is it legal for me to carry alcohol from madurai to Kerala via road? If not is there any other alternative way to carry alcohol?
Thanks and regards
Harish
Anonymous
01 November 2022 at 09:54
Dear Sir/Mam,
In my residential society, earlier it was a IBMS but from 2016, Builder change it into IFMS means before 2016 sell out flat has IBMS and after 2016 sold out flat has IFMS now there is two types of fund in one society even if someone want to transfer his flat to other (via sell) then forcefully Builder changed it to IFMS. IS this legal as per RERA or not can any builder run two rules in one society.
Note- Few Person in this forum like Mr. Rajendra Kumar Goyal is giving a very fake advice so I request him not to give his advice, Some time he simply say file consumer complaint, Everyone knows it but before consumer complaint it is just evaluation so please stay away with this post.
Pendyala Vasudeva Rao
02 September 2022 at 21:14
LR petition is pending in declaration suit. Respondents not filed counter since 1200 days. Court not forefrited the right of respondents. Already 5 defendents set exparty. O 8, R 10 petition filed by plaintiff.Can the court pronounce the judgement in favour of plaintiff? How?
Mohan Krishan
02 September 2022 at 10:15
I need a very junior lawyer
to handle a few of my personal cases in civil and consumer forums in
delhi and gurgaon - basically I will be preparing etc and he will
provide some guidance, coordination etc. Will pay small fees as
a lumpsum or otherwise. If you can help me connect to some of them.
Thanks. Sharad.
sonavnayak
12 August 2022 at 14:32
Bombay High Court : I win arbitration interim order in the year 2018 and respondent fail to obey the interim order. Arbitrator after covid grant them again several chances but respondent fail without any valid reason and arbitrator order us to file Contempt petition in Bombay High Court. I file on 01-04-2022, till date case came not on board, how much time it takes to come board. Please help me
Swaty Gupta
10 August 2022 at 19:08
Dear Experts,
My family is a tenant of commercial premises since 1948 in Delhi. We had a long ongoing dispute with an ex partner. In 2015, this ex partner made his Samdhi buy this premises who became the landlord.
First this landlord initiated legal proceedings calling my family illegal tenants and cited damage to the premises. He was proven wrong and rt before losing the case, he withdrew it.
By that time 5 yrs had passed, and then he initiated eviction against us citing bonafide need for his son which he won. He said that his son has quit job, is presently unemployed and wants to do business.
The review and appeal in high court was also dismissed.
The eviction deadline is 31st March. Meanwhile, We have come into possession of multiple documentary evidence which are a clear proof that landlord's bonafide claim is a total lie. Even the intention to open business can be proven otherwise.
We have realised that their is no relief for a tenant in the courts now. We tried giving these evidence in high court but were refused an opportunity to present it.
The landlord has lied not once but twice in the courts and engaged previously in frivolous and now false litigations against my family causing great drain on our mental peace and finances.
If we do not challenge the eviction any further, is there any way that the landlord can be tried for perjury.
We are under litigation with the person in the background (ex partner) for the last 42 years, and now his prop finally got us evicted.
Does a better title of property entitle a landlord to lie in the courts.
Regards
Swati
Vasudevan
10 August 2022 at 17:20
Respected Learned Experts, I have filed a Rent Control Original Petition for vacating the tenant for default in payment of rent and for my personal usage. During the deposition before the Addl District Munisiff the concerned judge has erroneously recorded that the tenant has to either pay the market rent or to vacate the premises. But in my original petition, I have prayed for vacating the tenant for the two reasons i.e., default in rent and for my own use. Without reading the deposition, I had signed it. Now the case is posted for cross examination. How can I correct the deposition so to match my original prayer i.e., vacating the tenant? Kindly give your valuable advice as I am appearing as Party In-person.
Heartful thanks in advance.
Anonymous
07 August 2022 at 21:26
I went to local police station to lodge a complaint. Since police refused, hence I lodge written complaint before Commissioner of Police to treat my complaint as FIR. No action.
I forced to lodge complain before court U/S 156 (3) due to police inaction. After that one month is over. I went to PS but they asked money.
Till now police did not lodge FIR in spite of court's order. Please help.
Can police refused to lodge FIR in spite of court's order.
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